HomeMy WebLinkAboutOrdinance 6947Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6947
File Number: 2025-2486
AN ORDINANCE TO APPROVE VAC-25-17 FOR PROPERTY LOCATED WEST OF SOUTH DUNCAN
AVE AND WEST TREADWELL STREET IN WARD 2 TO VACATE 0.02 ACRES OF SEWER EASEMENT
WHEREAS, the City Council has the authority under Ark. Code Ann. § 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 sewer 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 sewer 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 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 December 16, 2025
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
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VAC-2025-0017
EXHIBIT 'A'
VAC-2025-0017
Utility Easement Legal Description
A TEN FOOT WIDE SEWER EASEMENT, BEING LOCATED IN PART OF LOT 5 AND 6,
BLOCK 7, I.W. DUNCAN’S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN
PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-
OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER
OF SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE
NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT
OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING THENCE N87°07’15”W 195.53
FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N87°07’15”W 10.94 FEET;
THENCE N21°05’00”W 85.02 FEET; THENCE N02°52’45”E 24.62 FEET; THENCE
S21°05’00”E 111.96 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.02
ACRES, OR 985 SQUARE FEET, MORE OR LESS.
VAC-2025-0017
EXHIBIT 'B'
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2486
MEETING OF DECEMBER 16, 2025
TO:Mayor Rawn and City Council
THRU:Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM:Donna Wonsower, Senior Planner
SUBJECT: VAC-2025-0017: Vacation (WEST OF S. DUNCAN AVE & W. TREADWELL
ST/ DUNCAN AVE STUDENT HOUSING DEVELOPMENT, 522) Submitted by
ECOLOGICAL DESIGN GROUP for property located WEST OF S. DUNCAN AVE & W.
TREADWELL ST. in WARD 2. The property is zoned MSC, MAIN STREET CENTER,
and RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE and contains
approximately 1.19 acres. The request is to vacate 0.02 acres of sewer easement.
RECOMMENDATION:
Staff recommend approval of VAC-2025-0017 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 directly east of Harmon Field and 600 feet northeast of the
Fayetteville High School building. The subject area contains ten parcels along S. Duncan Ave. containing a
total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of
uses from single-, two-, three-and four-family dwellings and larger apartment buildings. The existing structures
were built between 1926 and 1986, and the subject area 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 August 20, 2025, subject to a Bill of Assurance (RZN-2024-0028) limiting
some uses of the property. A large-scale development was approved by the Planning Commission in May
2025 with a total of 3,000 square feet of commercial space, 294 multi-family residential units and associated
parking (LSD-2025-0007).
Request: The applicant proposes to vacate one existing sewer easement totaling 985 square feet (0.02 acres)
which diagonally crosses parcels 765-04824-000 and 765-04825-000 before terminating at the west property
line.
DISCUSSION:
The applicant submitted the required approval from the Water and Sewer division with no objections. With
submittal of the required vacation forms and utility consent, staff recommends approval.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
NA
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Request Letter, 7. Petition to Vacate
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2486
AN ORDINANCE TO APPROVE VAC-25-17 FOR PROPERTY LOCATED WEST OF SOUTH
DUNCAN AVE AND WEST TREADWELL STREET IN WARD 2 TO VACATE 0.02 ACRES
OF SEWER EASEMENT
WHEREAS, the City Council has the authority under Ark. Code Ann. § 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 sewer 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
sewer 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 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.
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ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM
Ecological Design Group
216 West Birch St,
Rogers, AR 72756
October 9, 2025
Planning Commission
Fayetteville Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
RE: Utility Easement Vacation Request for Harmon Place
Planning Commission:
Please accept this Utility Easement Vacation request for the Harmon Place Multifamily development
located at South Duncan Avenue, Fayetteville, AR 72701. This Utility Easement Vacation request is to
remove existing utility easement dedications to the City of Fayetteville for public sanitary sewer that will
be decommissioned and removed to accommodate on-site developments. The easement in question is
approximately 985 sq. ft. for an existing sanitary sewer main that bisects the project site. 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,
Katelynn Hopkins
EIT
(479) 441-0231
PETITION TO VACATE UTILITY EASEMENT
PETITION TO VACATE A general utility easement LOCATED ON South Duncan Avenue,
CITY OF FAYETTEVILLE, ARKANSAS.
To: The Fayetteville City Planning Commission
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the street right-of-
way hereafter sought to be abandoned and vacated, lying on South Duncan Avenue, City
of Fayetteville, Arkansas, a municipal corporation, petition to vacate a utility easement
which is described as follows:
SEE LEGAL DESCRIPTION ATTACHED.
The abutting real estate affected by the abandonment of the utility easement along
South Duncan Avenue in the City of Fayetteville has been considered, and it has been
determined that the public interest and welfare will not be adversely affected by the
vacation of said utility easement.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the
above -described real estate, subject, however, to the existing utility easements as
required, and that the real estate be used for the respective benefit and purpose as
currently authorized by law.
The petitioners further request that the above described real estate be vested in the
abutting property owners as provided by law. OP ill FAY S Duncan
o. Delaware I�nn:i,��l pac�clecs�'�
Dated this 14 day of S J 2015
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SET IRON PIN WITH CAP
WATER METER
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FIRE HYDRANT
SEWER MANHOLE
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CALCULATED POINT
TELEPHONE PEDESTAL
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UTILITY EASEMENT
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10' VACATED ALLEY
ORD. #3090
10' VACATED ALLEY
ORD. #3090
20' PLATTED ALLEY
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EXISTING APARTMENTS
EXISTING APARTMENTS
EXISTING
HOUSE
EXISTING BUILDING
EXISTING BUILDING
10' SEWER EASEMENT
BOOK 486, PAGE 465
(TO BE VACATED)
10' ELECTRIC EASEMENT
FILE #2015-00014525
25' B.T.Z.
25' B.T.Z.
25' B.T.Z.
10' VACATED ALLEY
ORD. #3090
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FOUND MAGNAIL FOUND MAGNAIL
FOUND 1/2" CAPPED
REBAR PLS #1118
FOUND 1/2" REBAR
FOUND 1/2" CAPPED
REBAR, ILLEGIBLE
FOUND 1/2" CAPPED
REBAR PLS #1118
DISTURBED, NOT HELD
FOUND
CHISELED "X"
POINT OF BEGINNING
PARCEL #765-04823-001
POINT OF BEGINNING
PARCEL #765-04824-000
FOUND 1" SHAFT
POINT OF COMMENCEMENT
PARCEL #765-04824-000
10' EASEMENT VACATION
PARCEL #765-04825-000
PART OF LOT 6, BLOCK 7
I. W. DUNCANS ADDITION
PLAT BOOK 4, PAGE 192
10,350 SQ. FEET ±
0.24 ACRES ±
PARCEL #765-04824-000
PART OF LOTS 3 & 6
ALL OF LOTS 4 & 5
EAST 10' OF VACATED ALLEY
ALL IN BLOCK 7
I. W. DUNCANS ADDITION
PLAT BOOK 4, PAGE 192
41,171 SQ. FEET ±
0.95 ACRES ±
PARCEL #765-04823-001
PART OF LOTS 2 & 3
EAST 10' OF A VACATED ALLEY
ALL IN BLOCK 7
I. W. DUNCANS ADDITION
PLAT BOOK 4, PAGE 192
5,272 SQ. FEET ±
0.12 ACRES ±
LOT 5
LOT 6
LOT 4
LOT 5
LOT 3
LOT 4
LOT 2
LOT 3
LOT 1
LOT 2
LOT 2
LOT 3
PARCEL #765-04817-000
WEST CENTER PARTNERS, LLC
402 OFFICE PARK DRIVE, SUITE 199
BIRMINGHAM, AL 35223
ZONED: RMF-40
PARCEL #765-04817-000
WEST CENTER PARTNERS, LLC
402 OFFICE PARK DRIVE, SUITE 199
BIRMINGHAM, AL 35223
ZONED: RMF-40
PARCEL #765-04826-000
FAYETTEVILLE SCHOOL DISTRICT #1
PO BOX 849
FAYETTEVILLE, AR 72702
ZONED: P-1
LOT 6
R/W VAC. ORD. #6803
EASEMENT VACATION
985 SQ. FEET ±
0.02 ACRES ±
26.87' EXISTING R/W
26.87' EXISTING R/W
26.87' EXISTING R/W
26.87' EXISTING R/W
POINT OF BEGINNING
EASEMENT VACATION
N87°07'15"W 195.53'
N87°07'15"W 64.50'
N02°52'45"E 25.00'S87°07'15"E 195.00'
N02°52'45"E 25.00'
84.00'
S87°07'15"E 10.00'
111.00'
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REVISIONS
NOTES:
1. PARCEL #765-04824-000
2. CURRENT ZONING: MSC
3. ROTATION BASED ON ARKANSAS STATE PLANE, NORTH ZONE, NAD83
4. BOUNDARY BASED ON:
I. WARRANTY DEED, FILE #93-17965
II. WARRANTY DEED, FILE #2016-00030689
III. WARRANTY DEED, FILE #2024-00019470
IV. PROPERTY LINE ADJUSTMENT, PLAT FILE #2013-00011396
V. EASEMENT PLAT FOR LOT 1, HARVEY HILL SUBDIVISION, PLAT FILE #0024-00000067
5. PER GRAPHIC PLOTTING ONLY, THE SUBJECT PROPERTY IS LOCATED WITHIN ZONE "X" AS SHOWN ON FEMA FIRM PANELS #05143C0208G & #05143C0216G,
BOTH BEARING AN EFFECTIVE DATE OF 1/25/2024 AND IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD ZONE.
ZONING & SETBACKS:
ZONED: MSC, MAIN STREET / CENTER
SETBACKS:
FRONT: 25' BUILD-TO ZONE
SIDE: NONE
REAR: 5'
REAR (FROM CENTERLINE OF ALLEY): 12'
PARCEL #765-04824-000:
A PART OF LOT 3, ALL OF LOTS 4 AND 5, A PART OF LOT 6, A PORTION OF A VACATED ALLEY, ALL IN BLOCK 7, I. W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, AS SHOWN IN PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS AND A PORTION OF THE NORTHERN HALF OF VACATED WEST TREADWELL STREET, ALL LOCATED IN FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID BLOCK 7, AND RUNNING N02°52'45"E 55.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING
LOCATED ON THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING THENCE N87°07'15"W 150.00 FEET; THENCE S02°52'45"W 80.00 FEET TO A
POINT LOCATED ON THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN STREET; THENCE N87°07'15"W 111.00 FEET; THENCE N02°52'45"E 25.00 FEET TO THE
INTERSECTION OF THE WESTERN AND SOUTHERN RIGHT OF WAY OF A PLATTED ALLEY, AND RUNNING ALONG SAID SOUTHERN RIGHT OF WAY S87°07'15"E 10.00
FEET TO THE EASTERN RIGHT OF WAY OF SAID PLATTED ALLEY, AND RUNNING ALONG SAID EASTERN RIGHT OF WAY N02°52'45"E 186.60 FEET; THENCE LEAVING
SAID ALLEY RIGHT OF WAY S86°46'29"E 251.00 FEET TO THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY
S02°52'45"W 130.08 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.95 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF
RECORD.
10' SEWER EASEMENT VACATION:
A TEN FOOT WIDE SEWER EASEMENT, BEING LOCATED IN PART OF LOT 5 AND 6, BLOCK 7, I. W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN
PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST
TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING THENCE N87°07'15"W 195.53 FEET TO THE POINT OF BEGINNING,
AND RUNNING THENCE N87°07'15"W 10.94 FEET; THENCE N21°05'00"W 85.02 FEET; THENCE N02°52'45"E 24.62 FEET; THENCE S21°05'00"E 111.96 FEET TO THE
POINT OF BEGINNING, CONTAINING IN ALL 0.02 ACRES, OR 985 SQUARE FEET, MORE OF LESS.
SURVEYORS CERTIFICATION:
I HEREBY CERTIFY THAT THE PLAN SHOWN AND DESCRIBED HEREON IS A TRUE AND
CORRECT SURVEY AND THAT THE MONUMENTS HAVE BEEN PLACED AS STATED HEREON.
DAVID L. JORGENSEN, ARLS #1118 DATE
FILE PATH: Z:\LOTS\2024088
PROJECT LOCATION:FAYETTEVILLE, AR
SHEET TITLE
SHEET NUMBER
HARMON PLACEEASEMENT VACATION
PROJECT TITLE:HARMON PLACE
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LEGEND
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DATE: 11/5/2024
DRAWN BY: JH
PROJECT #2024-088
SHEET SIZE: 22" x 34"
SCALE: 1" = 30'
VICINITY MAP - FAYETTEVILLE, AR
NOT TO SCALE FOR CLARITY
SITE
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030 15 30 60 120
12/26/2025
Ordinance: 6947
File Number: 2025-2486
AN ORDINANCE TO APPROVE
VAC-25-17 FOR PROPERTY LO-
CATED WEST OF SOUTH DUN -
CAN AVE AND WEST
TREADWELL STREET IN WARD 2
TO VACATE 0.02 ACRES OF
SEWER EASEMENT
WHEREAS, the City Council
has the authority under Ark.
Code Ann. § 14-54-104 to va-
cate public grounds or portions
thereof which are not required
for corporate purposes; and
WHEREAS, the City Council
has determined that the follow-
ing described portion of sewer
easement 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 Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of sewer easement as
described 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 ap-
proval is subject to the following
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
December 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: $121.60
December 21, 2025 563761