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Home My WebLink AboutOrdinance 6949Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6949 File Number: 2025-2563 AN ORDINANCE TO APPROVE VAC-25-29 FOR PROPERTY LOCATED AT 618 NORTH RUPPLE ROAD IN WARD 4 TO VACATE 0.07 ACRES OF UTILITY 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 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 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 following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer’s expense. 2. Any and all conflicting water and sewer lines must be relocated and accepted by the City of Fayetteville. PASSED and APPROVED on December 16, 2025 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer 7KLVSXEOLFDWLRQZDVSDLGIRUE\WKH&LW\&OHUN7UHDVXUHURIWKH&LW\RI)D\HWWHYLOOH$UNDQVDV $PRXQW3DLG 0($ ' 2 : /$1'6 '5 7( 1 1 < 6 2 1 / 1 :2 5 ' 6 : 2 5 7 + /1 $//(< $//(< $//(< $/ / ( < $//(< $/ / ( < $//(< '$,6 < / 1 $//( < 58 3 3 / ( 5 ' 58 3 3 / ( 5 ' 5, 56) 5$ 53=' 16/ 3 5HJLRQDO/LQN $OOH\ 5HVLGHQWLDO/LQN 3ODQQLQJ$UHD )D\HWWHYLOOH&LW\/LPLWV 6KDUHG8VH3DYHG7UDLO &ORVH8S9LHZ 9$&15833/(5' - )HHW 6XEMHFW3URSHUW\ Exhibit "A' VAC-2025-0029 Exhibit B Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2563 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:Citlali Samano, Planner SUBJECT:VAC-2025-0029 618 N Rupple Rd (Utility Easement): Submitted by ENGINEERING SERVICES, INC. for property located at 618 N RUPPLE RD in WARD 4. The property is zoned and contains approximately 8.6 acres. The request is to vacate 0.07 acres of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2025-0029 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. Any and all conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville. BACKGROUND: The subject property is in west Fayetteville, north of Donald W. Reynolds Boys & Girls Club, and southeast of Fire Station #7 on the east side of Rupple Road. The property received its current zoning designation of P-1 on May 19, 2020 and an associated lot split was administratively approved by the Planning Department on April 7, 2020. Despite these actions, the property remains largely undeveloped. Request: The applicant proposes to partially vacate a newly acquired water and sewer utility easement on the property, totaling approxaimtely 3,028-square feet. This easement was obtained with the intent of routing a new sewer main extension though it. However, after development on the adjacent property was underway there was discovery that the location of the as-built sewer was incorrect and installed in another location. Since the easement was dedicated before construction, vacation of this portion is requested in order to acquire a new section of easement over the installed line. DISCUSSION: City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all the necessary approvals without objections, but with the conditions as outlined above. Any new easements necessary for the construction of the proposed multi-family development will be dedicated through an associated easement plat, which is currently under review. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Request Letter, 7. Petition to Vacate, 8. Survey Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2563 AN ORDINANCE TO APPROVE VAC-25-29 FOR PROPERTY LOCATED AT 618 NORTH RUPPLE ROAD IN WARD 4 TO VACATE 0.07 ACRES OF UTILITY 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 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 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 following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer’s expense. 2. Any and all conflicting water and sewer lines must be relocated and accepted by the City of Fayetteville. 11/26/2025 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2025-2563 Item ID 12/9/2025 City Council Meeting Date - Agenda Item Only VAC-2025-0029: Vacation (Rupple Rd): submitted by ENGINEERING SERVICES, INC. for property located at 618 N RUPPLE RD in WARD 4. The property is zoned and contains approximately 8.6 acres. The request is to vacate 0.07 acres of a utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: &RQVXOWLQJ(QJLQHHUV 6XUYH\RUV ZZZHQJLQHHULQJVHUYLFHVFRP -HUU\:0DUWLQ 62OG0LVVRXUL5G32%R[6SULQJGDOH$UNDQVDV(VWDEOLVKHG 2FWREHU )D\HWWHYLOOH3ODQQLQJ&RPPLVVLRQ 0HDGRZYLHZ(DVHPHQW9DFDWLRQ )D\HWWHYLOOH$UNDQVDV 9LDHPDLO SODQQLQJ#ID\HWWHYLOOHDUJRY 5H (DVHPHQW9DFDWLRQ 0HDGRZYLHZ6HQLRU/LYLQJ)DFLOLW\ 5XSSOH5RDG )D\HWWHYLOOH$5 &RPPLVVLRQHUV :HDUHUHTXHVWLQJDSRUWLRQRIDQHZO\DFTXLUHGZDWHUDQGVHZHUHDVHPHQWWREHYDFDWHG7KLV HDVHPHQWZDVREWDLQHGXQGHUWKHJXLVHRIURXWLQJDQHZVHZHUPDLQH[WHQVLRQWKURXJKLWEDVHGRIIVRPH FLW\DVEXLOWVDIWHUWKHSURMHFWJRWXQGHUZD\ZHZHUHDEOHWRVWDUWGLJJLQJDQGGLVFRYHUHGWKDWWKHORFDWLRQ RIWKHDVEXLOWVHZHUZDVLQFRUUHFWDQGORFDWHGLQDQRWKHUORFDWLRQ6LQFHZHZHUHUHTXLUHGWRDFTXLUHWKH HDVHPHQWEHIRUHFRQVWUXFWLRQZHQRZPXVWYDFDWHWKLVSRUWLRQDQGDFTXLUHDQHZVHFWLRQRIHDVHPHQW 9HU\WUXO\\RXUV 1LFKRODV%RKQLQJ =?/6'?0HDGRZYLHZ?(DVHPHQWV?(DVHPHQW9DFDWLRQ'RFV?7UDQVPLWWDO/HWWHUGRF[ 9HU\WUXO\\RXUV 1LFKRODV %RKQLQJ GIS Approved 11/05/2025 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. Dated thistl lay of O UDg12- , 20r Printed Name Signature ✓ Printed Name Signature TRACT 3-C PARCEL: 765-22362-002 RUPPLE RD, LLC TWO LEADERSHIP SQUARE 10TH FLOOR 211 NORTH ROBINSON OKLAHOMA CITY, OK 73102 TR A C T 3 - B PA R C E L : 7 6 5 - 2 2 3 6 2 - 0 0 1 RU P P L E R D , L L C TW O L E A D E R S H I P S Q U A R E 10 T H F L O O R 2 1 1 N O R T H R O B I N S O N OK L A H O M A C I T Y , O K 7 3 1 0 2 Springdale, Arkansas 12/26/2025 Ordinance: 6949 File Number: 2025-2563 AN ORDINANCE TO APPROVE VAC-25-29 FOR PROPERTY LO- CATED AT 618 NORTH RUPPLE ROAD IN WARD 4 TO VACATE 0.07 ACRES OF UTILITY EASE- MENT 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 utility 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 utility 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 and all conflicting water and sewer lines must be relocated and accepted by the City of Fayetteville. PASSED and APPROVED on December16,2025 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: $120.08 December 21, 2025 563769