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Home My WebLink AboutOrdinance 6950Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6950 File Number: 2025-2517 AN ORDINANCE TO APPROVE VAC-25-30 FOR PROPERTY LOCATED AT 3383 NORTH GULLEY ROAD IN WASHINGTON COUNTY TO VACATE 0.10 ACRES OF WATER 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 water 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 water 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. 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 $PRXQW3DLG 0$<:22'5' :,1*)227'5 *8 / / ( < 5 ' 8QFODVVLILHG 3ODQQLQJ$UHD &ORVH8S9LHZ 9$&1*8//(<5' - )HHW 6XEMHFW3URSHUW\ EXHIBIT A A permanent easement 25.00 feet in width, being 12.50 feet on each side of the centerline of this permanent easement across the East side of Grantor’s above described property. The centerline of this permanent easement shall be the centerline of the waterline as constructed, said easement also described as commence at the intersection of Grantor’s North property line and the West right of way line, as presently located, of Gulley Road and run thence North 87° 22' 09” West along said North property line a distance of 11.92 feet to the “TRUE POINT OF BEGINNING” of this permanent easement description; thence leaving said North property line South 02° 52' 20” West a distance of 40.30 feet; thence South 00° 38' 12” West a distance of 135.79 feet to Grantor’s South property line; thence North 87° 22' 09” West along said South property line a distance of 12.51 feet to said centerline of said waterline as constructed; thence continue North 87° 22' 09” West along said South property line a distance of 12.51 feet; thence leaving said South property line North 10° 30' 12” East a distance of 135.34 feet; thence North 02° 52' 32” East a distance of 40.75 feet to said North property line; thence South 87° 22' 09” East along said North property line a distance of 12.50 feet to said centerline of said waterline as constructed; thence continue South 87° 22' 09” East along said North property line a distance of 12.50 feet to the point of beginning, containing 4,403 square feet, or 0.10 acres, more or less. EXHIBIT B Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2517 MEETING OF DECEMBER 16, 2025 TO:Mayor Rawn and City Council THRU:Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM:Jessica Masters, Planning Director SUBJECT: VAC-2025-0030: Vacation (3383 N. GULLEY ROAD/CITY OF FAYETTEVILLE, 219): Submitted by CITY OF FAYETTEVILLE for property located at 3383 N. GULLEY ROAD in WASHINGTON COUNTY. The property is zoned under WASHINGTON COUNTY ZONING and contains approximately 2.5 acres. The request is to vacate a 0.10-acre portion of a water easement. RECOMMENDATION: City Planning staff recommend approval of a request to vacate the subject easement as described in exhibits A and B. BACKGROUND: The subject property is east of the Fayetteville city limits on N. Gulley Road, approximately ¾ mile north of E. Mission Boulevard. (Hwy 45). Though located in Washington County, the property is adjacent to the City of Fayetteville’s eastside water tank, and an exclusive water easement owned by the City of Fayetteville currently occupies this property. DISCUSSION: Request: The request is to vacate this existing water easement. Due to new improvements to the eastside water tank, a waterline will be relocated farther to the east to avoid interference with the existing lateral septic lines. The existing property owner has already granted consent to the additional easement, and no other signatures are necessary from any other private franchise utilities. A review by the Legal Department indicated that vacating the easement falls under City Council's authority despite its location in unincorporated Washington County. Public Comment: Staff did not receive any public comment relating to the request. 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, 9. New Easement Exhibit Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2517 AN ORDINANCE TO APPROVE VAC-25-30 FOR PROPERTY LOCATED AT 3383 NORTH GULLEY ROAD IN WASHINGTON COUNTY TO VACATE 0.10 ACRES OF WATER 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 water 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 water easement as described in Exhibit B attached to the Planning Department’s memo. 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V490F CITY OF FAYETTEVILLE ARKANSAS November 3, 2025 Fayetteville City Council 113 W. Mountain Street Fayetteville, AR 72701 Re: Parcel No. 001-15585-000 3383 N. Gulley Road Dear Council Members: After construction commenced on the City's Eastside Water Improvement Project, it was determined that existing septic lateral lines encroached upon the area designated for the proposed new waterline. Consequently, it became necessary to relocate the waterline further east to avoid interference with those lateral lines. The property owner has agreed to execute a new easement contingent upon the City's approval of a vacation of the previously acquired easement. The easement requesting to be vacated is exclusive to the City of Fayetteville and, therefore, no consent is needed from any other utility company. A formal request for vacation is attached for your review and consideration. Please let me know if any additional information is required. Thank you for your time and attention to this matter. Sincerely, Tim Nyander Enclosures PETITION TO VACATE PETITION TO VACATE A WATER/SEWER EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION TWENTY-NINE IN TOWNSHIP SEVENTEEN NORTH OF RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS. T0: The Fayetteville City Planning Commission and The Fayetteville City Council The City of Fayetteville hereby petitions for the following described water/sewer easement, lying in the Southeast Quarter of the Southeast Quarter of Section Twenty -Nine in Township Seventeen North of Range Twenty -Nine West, Washington County, Arkansas, be abandoned and vacated: A permanent easement 25.00 feet in width, being 12.50 feet on each side of the centerline of this permanent easement across the East side of Grantor's above described property. The centerline of this permanent easement shall be the centerline of the waterline as constructed, said easement also described as commence at the intersection of Grantor's North property line and the West right of way line, as presently located, of Gulley Road and run thence North 87° 22' 09" West along said North property line a distance of 11.92 feet to the "TRUE POINT OF BEGINNING" of this permanent easement description; thence leaving said North property line South 02' 52' 20" West a distance of 40.30 feet; thence South 00° 38' 12" West a distance of 135.79 feet to Grantor's South property line; thence North 87' 22' 09" West along said South property line a distance of 12.51 feet to said centerline of said waterline as constructed; thence continue North 87' 22' 09" West along said South property line a distance of 12.51 feet; thence leaving said South property line North 10° 30' 12" East a distance of 135.34 feet; thence North 02° 52' 32" East a distance of 40.75 feet to said North property line; thence South 87° 22' 09" East along said North property line a distance of 12.50 feet to said centerline of said waterline as constructed; thence continue South 87' 22' 09" East along said North property line a distance of 12.50 feet to the point of beginning, containing 4,403 square feet, or 0.10 acres, more or less. Petitioner states that the above described real estate will not adversely affect the public interest and welfare and would also not be adversely affected by the abandonment of the above described water/sewer easement. The petitioner prays 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. The petitioner further prays that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioner respectfully prays 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 easements of the public for the use of said water/sewer easement. a� Dated this 22 day of OCC��u' 2025- Tim NyandAr, Utilities Director N 018-0031PROJECT NO: DRAWN BY: 07/10/19DATE: GLD EXHIBITEASEMENT DRAWING PERCEFUL - GR-7 GULLEY ROAD WATER LINE 1FAX 479.443.4340 TEL 479.443.3404 302 East Millsap Road Fayetteville, AR 72703 Parcel No. 001-15585-000 East Fayetteville Water System Improvements Tract No. FY373-Gulley Road-7 WATER/SEWER EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT Christine Perceful, Trustee of the Billy Paul Perceful and Christine M. Perceful Revocable Living Trust U/T/D August 14, 2009, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT. SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement to construct, lay, remove, relay, inspect, enlarge and/or operate a water and/or sanitary sewer pipe line or lines, manholes, grantee owned fiber optic equipment and appurtenances thereto, on, over, across, and under the following described land situated in the County of Washington, State of Arkansas. to -wit PROPERTY DESCRIPTION (Warranty Deed: 2009-027162) Part of the Southeast Quarter (SE X) of the Southeast Quarter (SE %) of Southeast Quarter (SE %) of Section Twenty -Nine (29) in Township Seventeen (17) North of Range Twenty-nine (29) West, described as follows, to - wit. Beginning at the Northeast corner of said forty acre tract, and running thence West 406 9 feet, thence South 343 feet, thence East 237.4 feet, thence North 167 feet, thence East 169 5 feet, thence North 176 feet to the point of beginning, containing three (3) acres, more or less. PERMANENT EASEMENT DESCRIPTION Part of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4 SE1/4) of Section 29, Township 17 North, Range 29 West, of the Fifth Principal Meridian, Washington County, Arkansas, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 1, Bridgewater Estates, as filed for record in File: 0023-00000082, January 2, 2004, thence by bearing and distance (basis of bearings, Grid North), South 87022'09" East a distance of 4.59 feet to the west right-of-way line of Gulley Road, as that currently exists; thence South 02°47'24" West along said west right-of-way line a distance of 120.94 feet; thence South 03°13'46" West continuing along said west right-of-way line a distance of 45.60 feet; thence leaving said west right-of-way line, North 43°34'21" West a distance of 24.67 feet: thence North 00' 41'18" East a distance of 104.26 feet; thence North 19°00'45" West a distance of 40.34 feet; thence North 03°40'59" East a distance of 7.76 feet to the south line of said Lot 1, Bridgewater Estates; thence along and coincident with said south line of Lot 1, South 87"22'09" East a distance of 32.30 feet to the Point of Beginning, containing 3,640 square feet, or 0.084 acres, more or less. TEMPORARY CONSTRUCTION AND GRADING EASEMENT DESCRIPTION: Also, a 20' wide temporary construction and grading easement, being 20' perpendicular to and parallel with, and having an east line along and coincident with the west line of the above described permanent easement, containing 3,728 square feet or 0.086 acres, more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. This temporary construction and grading easement as conditioned above, shall terminate when the hereinabove referenced project has been completed by the contractor and accepted by the City of Fayetteville, Arkansas. It is expressly understood that the above temporary construction and grading easement shall exclude any permanent structure presently located within said temporary construction and grading easement area. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, manholes and/or appurtenances thereto shall be maintained, together with free Ingress to and egress from the real estate first hereinabove described for the uses and purposes hereinabove set forth The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above high water. Water/Sewer Easement Page 2 The Grantor agrees not to erect any buildings or structures in said permanent easement. The Grantee shall have the right to construct additional pipelines upon the above described easement at any time in the future and agrees to pay any damages as a result of such future construction as set out in this easement. It is further understood that Grantee's easement shall be exclusive and that Grantor and/or Grantor's successors shall convey no parallel rights to any person, utility or corporation on, across or under said easement without the express written permission of Grantee. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document on behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this 7-1 S� day of October, 2025. Christine Perceful, Trustee �o—fthel Billy Paul Perceful and Christine M. Perceful Revocable Living Trust U/T/D August 14, 2009 ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED. that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Christine Perceful, Trustee of the Billy Paul Perceful and Christine M. Perceful Revocable Living Trust UITID August 14, 2009, to me well known as the person who executed the foregoing document, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this .21 Sr day of October, 2025. MY COMMISSION EXPIRES: ��\ SAMu,i'' �``,`�P•••TA+•� s PUBLIC v #1234592.8� � � LEGEND — — — — — — —EASEMENT LINE ROW RIGHT-OF-WAY POB POINT OF BEGINNING NTCE TEMPORARY CONSTRUCTION EASEMENT WATERLINE EASEMENT TEMPORARY CONSTRUCTION EASEMENT 0' 20' 40' Existing 20' I I I SCALE IN FEET Utility Easement — —I—PL- -----------1 of POB: SE Corner Lot 1 I I _ L1 L4 LS t Tract No.-FY373-Gulley Rd.-7 Parcel No. 001-15585-000 Waterline Easement Billy Paul $ Christine M Perceful 3,640line E Revocable Living Trust \ I 3,640 acres± Deed No.2009-27162 I I I �I I N V d} of LINE TABLE i 00 0 I # DIRECTION LENGTH W o L1 S87°22'09"E 4.59' I Z I o I� � I L2 N43°34'21"W 24.67' 20' TCE I L3 N19°00'45"W 40.34' 3,728 sq.ft.± I 0.086 acres± I I L4 NO3°40'59"E 7.76' L5 S87°22'09"E 32.30' I I fn vo cn Cn Parcel No. 001-15586-000 O O John H. Riggs File No. 2008-00026615 I This exhibit & sketch is not a boundary survey and does not meet the AR Standards of Practice for Property Boundary Surveys and Plats. It is intended to show proposed easements, and should not be used to locate property corners and/or property lines. 3'37 North Steele Boulevard EXHIBIT PROJECT NO: 024-03556 Easement DrawingSuite 310 Fayetteville, AR 72703 DRAWN BY: SBR Perceful - GR-7 OISS OrI® oIsson.cam Gulley Road Water Line TEL 479.443.3404 A Olsson -Survey DATE 10.20.2025 Arkansas COA #1010 12/26/2025 Ordinance: 6950 File Number: 2025-2517 AN ORDINANCE TO APPROVE VAC-25-30 FOR PROPERTY LO- CATED AT 3383 NORTH GULLEY ROAD IN WASHINGTON COUNTY TO VACATE 0.10 ACRES OF WATER 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 water 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 water 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. ASSED and APPROVED on De- cember 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: $ 98.80 December 21, 2025 563776