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Home My WebLink About295-25 RESOLUTIONPage 1 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 295-25 File Number: 2025-2470 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO SIGN A RELEASE OF NOTICE FOR PROPERTY LOCATED AT 2301 WEST MARTIN LUTHER KING JR. BOULEVARD TO REMOVE A POTENTIAL CLOUD ON TITLE WHEREAS, in 1980, the Fayetteville Planning Commission approved a waiver of the City’s preliminary and final plat requirements that allowed property located at 2301 W. Martin Luther King, Jr. Boulevard to be developed without frontage on a public street; and WHEREAS, a Notice was filed in the land records of Washington County, Arkansas that a future sale of the property could require conformity with the requirements that were waived for that project; and WHEREAS, the waiver was later rendered null and void because the property was rezoned and was no longer subject to the same frontage requirement and because W. Best Friend Way Street was constructed after the property’s subdivision providing it with street frontage; and WHEREAS, despite City staff’s determination that the waiver and notice have been rendered null and void, a prospective purchaser has requested that the City formally release the notice to avoid any potential cloud on the title. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a Release of Notice, a copy of which is attached to this Resolution, for property located at 2301 West Martin Luther King Jr. Boulevard. PASSED and APPROVED on December 16, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2470 MEETING OF DECEMBER 16, 2025 TO:Mayor Rawn and City Council THRU:Keith Macedo, Chief of Staff FROM:Devin Howland, Director of Economic Development SUBJECT: Release of Notice for Property Located at 2301 W. Martin Luther King Jr. Boulevard RECOMMENDATION: Staff recommends approval of a resolution authorizing Mayor Rawn to sign the attached Release of Notice concerning a waiver of preliminary and final plat requirements issued in 1980, which are no longer applicable under the City’s current C-2 (Thoroughfare Commercial) zoning district. BACKGROUND: Staff received a request for the City to sign the attached Release of Notice from a prospective purchaser currently exploring the acquisition of property located at 2301 W. Martin Luther King Jr. Boulevard. During the purchaser’s due diligence, they discovered the attached Notice, a 1980 waiver of preliminary and final plat requirements (specifically related to lot width). The Notice states that any future purchaser should consult the City of Fayetteville’s Planning Administrator to ensure awareness of any requirements stemming from the waiver. DISCUSSION: The 1980 waiver originated from subdivision standards established under Ordinance 1750, adopted in 1970 and requiring any property developed to have frontage on a public street. The waiver was granted by the Planning Commission on May 12, 1980, and allowed for a lot subdivision without street frontage. At that time, the Planning Commission’s authority to grant such a variance stemmed from Ordinance 2555. Two factors have since rendered the waiver null and void. First the property is currently zoned C-2 Thoroughfare Commercial), a zoning district that does not impose lot width requirements and permits subdivision without street frontage where water and sewer service are available. Second, W. Best Frind Way St. was constructed after the property’s subdivision, giving it street frontage. Consultation with Development Services, specifically the City’s Planning Director, confirmed that staff has no objection to the City signing the attached Release of Notice, which has been requested by both the purchaser and seller. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: 3. Staff Review Form, 4. Fayetteville AR Termination of Notice - Final Draft, 5. #13_DB 1022 PG 188_Notice of Plat Waiver_15-Jul-1980 (002) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 File #: 2025-2470 A RESOLUTION TO AUTHORIZE MAYOR RAWN TO SIGN A RELEASE OF NOTICE FOR PROPERTY LOCATED AT 2301 WEST MARTIN LUTHER KING JR. BOULEVARD TO REMOVE A POTENTIAL CLOUD ON TITLE WHEREAS, in 1980, the Fayetteville Planning Commission approved a waiver of the City’s preliminary and final plat requirements that allowed property located at 2301 W. Martin Luther King, Jr. Boulevard to be developed without frontage on a public street; and WHEREAS, a Notice was filed in the land records of Washington County, Arkansas that a future sale of the property could require conformity with the requirements that were waived for that project; and WHEREAS, the waiver was later rendered null and void because the property was rezoned and was no longer subject to the same frontage requirement and because W. Best Friend Way Street was constructed after the property’s subdivision providing it with street frontage; and WHEREAS, despite City staff’s determination that the waiver and notice have been rendered null and void, a prospective purchaser has requested that the City formally release the notice to avoid any potential cloud on the title. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a Release of Notice, a copy of which is attached to this Resolution, for property located at 2301 West Martin Luther King Jr. Boulevard. 11/17/2025 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: FundAccountNumber Project Title City of Fayetteville Staff Review Form 2025-2470 Item ID 12/16/2025 City Council Meeting Date - Agenda Item Only Staff is recommending approval of a Resolution authorizing Mayor Rawn to sign the attached Release of Notice for property located at 2301 W. Martin Luther King Jr. Boulevard. N/A for Non-Agenda Item Action Recommendation: Submitted By Devin Howland ECONOMIC DEVELOPMENT (050) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: 1 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE ONLY RELEASE OF NOTICE THIS RELEASE OF NOTICE (this “Release”) is made as of the _____ day of 2025 by the City of Fayetteville, Arkansas, a municipal corporation City”). WHEREAS, on July 15, 1980, the City filed that certain Notice which was recorded at Book 1022 Page 188 of the records of Washington County, Arkansas (the “Notice”) regarding the property described on Exhibit A, attached hereto and made a part hereof; and WHEREAS, the City desires to terminate and release of record the Notice because the current zoning of the property has rendered the underlying requirements subject to the Notice obsolete. NOW, THEREFORE, the City is recording this Release to place the public on notice that the Notice is hereby terminated and released of record as of the date hereof. IN WITNESS WHEREOF, the City has executed this Release as of the day and year first above written. GRANTOR: THE CITY OF FAYETTEVILLE, ARKANSAS, a Municipal corporation By: Molly Rawn, Mayor ATTEST: By: _______________________________________ Kara Paxton, City Clerk Treasurer WK HFHPEHU STATE OF ARKANSAS ) SS. COUNTY OF WASHINGTON ) On this the day of D(?jC`P VV)bG - , 2025, before me, a Notary Public, personally appeared Molly Rawn and Kara Paxton, the Mayor and City Clerk -Treasurer of the City of Fayetteville, Arkansas, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the foregoing instrument and acknowledged that he/she/they executed the same for the purposes herein set forth. WITNESS my hand and seal as such Notary Public on this ( day of\abe,2025. SARAH BAUERS OFFICIAL SEAL -NOTARY PUBLIC BENTON COUNTY ARKANSAS COMMISSION # 00007569 S MY COMMISSION EXPIRES 8.21-2035 Document prepared by: Joshua Mistler Associate General Counsel Drury Development Corporation 13075 Manchester Road, Suite 200 St. Louis, Missouri 63131 J1 I NOTARY P I Printed Name: My Commission Expires: is Send Recorded Document to Joshua Mistler Associate General Counsel Drury Development Corporation 13075 Manchester Road, Suite 200 St. Louis, Missouri 63131 3 Exhibit A To Release of Notice Lot 3, Block 1, of the Concurrent Plat of Fayetteville Center Subdivision. C ' F 4 .44sh/eaPReco"� N O T I C E A(/ �7U,. C//q if0 �(1 M/ 4 2� Notice is hereby given that a first waiver of the preliminary ndG/TC�n�lf�A'°/f final plat requirements of Ordinance No. 1750 (Appendix C, Code of Ordinances, Fayetteville, Arkansas), has been granted by the Fayetteville Planning Commission at a meeting held May 12, 1980. This waiver applies to the following described real estate located in Washington County, Arkansas, to -wit: Lot 9, Block 1, of the Concurrent Plat of Fayetteville Center Subdivision. Further sale or division of the above described property may require conformity with the provisions of said ordinance. Before purchase of any portion of the above -described property, you should consult the Planning \ Administrator, City Administration Building, Fayetteville, Arkansas,for the detailed requirements of this ordinance. DATED this 11th day of July , 1980. Re: The Parnell Group, Inc. Planning Administ a or - Wilkins/Parnell Partnership City of Fayetteville, Arkansas ACKNGWLEDGMENT STATE OF ARKA.NSAS ) ) SS COUNTY OF WASHINGTON ) Now on this 11th day of July _L 1980, came before me, the undersigned Notary Public, within and for the aforesaid County and State, Bobbie Jones, known to me to be the Planning Administrator for the City of Fayetteville, Arkansas, a municipal corporation, and stated that she had executed the foregoing instrument for the consideration and purposes therein mentioned and set forth. /f WITNESS my hand and seal this ` day of , 1980. Notary Public My Commission Expires: of i9P p' Gti; rgah� n .........., q CTC, ri , 001022