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HomeMy WebLinkAboutOrdinance 6967Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6967 File Number: 2026-108 AN ORDINANCE TO APPROVE VAC-25-32 FOR PROPERTY LOCATED AT 902 SOUTH SCHOOL AVENUE AND 1020 SOUTH SCHOOL AVENUE IN WARD 1 TO VACATE 0.36 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 or sewer lines must be relocated and accepted by the City of Fayetteville and new easements shall be dedicated as necessary. PASSED and APPROVED on February 3, 2026 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: $ 124.64 FriscoTrail Walker ParkTrail CH U R C H AV E 11TH ST FE E D M I L L P L EN G L I S H P L 9TH ST LO C U S T A V E WE S T A V E SCHOOLAVE RMF-24 I-1 P-1 DG NC CS MSC Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2025-0032 902 S. SCHOOL AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 Book 986, Page 769 Easement Easement Description: A permanent easement of 25 feet of equal and uniform width of the entire west side of the following described real estate and a temporary construction easement of 40 feet of equal and uniform width off the entire west side of the following estate: Property Description: Lot # 8 in Block 6 in Fergusons Addition to the City of Fayetteville, Less the part taken up by U.S. Highway #71 and part of Lot 9, of Block 6 of Fergusons Addition to the City of Fayetteville, more particularly described as follows: to-wit: Beginning at a point which is 25 feet ease of the Southwest Corner of said Lot nine (9) running then East 119 feet or to the Southeast corner of said Lot: thence North 40 feet then West 119 feet: thence South 40 feet to the point of beginning, all said lands the same as shown and designated upon the record plat of said addition on file in the office of the Circuit Clerk of Washington County. Book 1100, Page 665 Easement Ten (10) feet of equal and uniform width off of the entire west side of the following described real estate: Lot 10 and 10 feet of equal and uniform width off of the North side of Lot 9 and 10 feet of equal and uniform width off of the south side of Lot 11 all in Block 6 of revised plat of Block 5 and 6 in Ferguson’s Addition to City of Fayetteville, as shown in the record book at page 142 thereof, save and except any part thereof taken up with U.S. Highway 71 from and since the 4th day of April, 1930. Also part of Lot 11 in Block 6 in Ferguson’s Additon to the City of Fayetteville, Arkansas, as the same is known and designated upon the recorded plat of said Addition and more particularly described as follows: Beginning at a pint which is 25 feet East of the Northwest Corner of said Lot running then East 119 feet to or to the East line of said Lot 11 thence South 40 feet; thence West 119 feet; thence North 40 feet to the point of Beginning, as per plat of said Addition on file in the office of the Circuit Clerk of Washinton County, Arkansas. EXHIBIT B Ordinance 3332 Bk 1262, Page 472 Easement Beginning at the Northeast corner of Lot 18 in Ferguson’s Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25’ south of the Northeast corner of Lot 15 in said Addition; thence East 12’; thence North to a point 12’ East of the point of beginning; thence W 12’ to the point of beginning. Ordinance 3847 Bk 94, Page 72518 The remainder of the platted Alley in Block 6 of Ferguson’s Addition in the City of Fayetteville, Arkansas as designated on the revised plat of Blocks 5 and 6 in said addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas. *NOTE: Ordinance No. 3332, passed and approved February 16, 1988 vacated and abandoned the following: Beginning at the Northeast corner of Lot 18 in Ferguson’s Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25’ south of the Northeast corner of Lot 15 in said Addition; thence East 12’; thence North to a point 12’ East of the point of beginning; thence W 12’ to the point of beginning. EXHIBIT B Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-108 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only VAC-2025-0032: Vacation (902 S. SCHOOL AVENUE AND 1020 S. SCHOOL AVENUE/PINWHEEL PROPERTIES LLC AND STEVENS PROPERTIES FAYETTEVILLE LLC, 563): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 902 S. SCHOOL AVE AND 1020 S. SCHOOL AVE. in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 5.16 acres. The request is to vacate 0.36 acres of utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 1/15/2026 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 -$ -$ Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-108 AN ORDINANCE TO APPROVE VAC-25-32 FOR PROPERTY LOCATED AT 902 SOUTH SCHOOL AVENUE AND 1020 SOUTH SCHOOL AVENUE IN WARD 1 TO VACATE 0.36 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 or sewer lines must be relocated and accepted by the City of Fayetteville and new easements shall be dedicated as necessary. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-108 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Citlali Samano, Planner SUBJECT: VAC-2025-0032: Vacation (902 S. SCHOOL AVENUE AND 1020 S. SCHOOL AVENUE/PINWHEEL PROPERTIES LLC AND STEVENS PROPERTIES FAYETTEVILLE LLC, 563): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 902 S. SCHOOL AVE AND 1020 S. SCHOOL AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 5.16 acres. The request is to vacate 0.36 acres of utility easement. RECOMMENDATION: Staff recommends approval of VAC-2025-0032 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, and any new easements shall be dedicated as necessary. BACKGROUND: The subject property is in south Fayetteville, west of Walker Park and south of Frisco Trail on W 9th St. The property received its current zoning designation of DG, Downtown General on July 15, 2008, in conjunction with the larger Walker Park Neighborhood Master Plan rezoning (Ordinance 5153). Request: The applicant proposes to vacate existing public utility and water/sewer utility easements on the property. These easements were dedicated through multiple documents and do not align with the installed utilities, resulting in a series of non-uniform and, in many areas, unused easements. The easements extend across eleven (11) parcels: ten at 1020 S. School owned by Stevens Properties Fayetteville LLC, and one parcel at 902 S. School Avenue owned by Pinwheel Properties LLC. A Property Line Adjustment (PLA) application is currently under review to consolidate these parcels in conjunction with a proposed Large-Scale Development (LSD-2025-0016). The total easement area consists of three distinct segments encompassing 15,741.58 square feet, or approximately 0.36 acres. DISCUSSION: City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov the necessary approvals without objections. New uniform easements will be dedicated to align with adequate service provision for the associated large-scale development. A new sewer main will be re-routed and manholes will be constructed to replace the portion sought to be vacated. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Request Letter, 7. Petition, 8. Survey January 13, 2026 City of Fayetteville 113 West Mountain Street Fayetteville, AR 727014 In the matter of the property located at 902 and 1020 S. School, Fayetteville. This property is being developed by LSD-2025-0016. The owner is asking to vacate existing utility easements that are not being used by the large scale development, and will be dedicating new easements with the Property Line Adjustment PLA 2025-0046. If you have any questions or need additional information, please contact Mr. Young at 479-444-7880. Thank you, Allen Jay You WRITTEN REQUEST TO ACCOMPANY THE 20' WIDE UTILITY EASEMENT, A 25' WIDE UTILITY EASEMENT, AND TWO VARIED UTILITY EASEMENT VACATION LOCATED IN PART OF BLOCK 5 AND 6 OF FERGUSON ADDITON, CITY OF FAYETTEVILLE, ARKANSAS. Landowner: Pinwheel Properties LLC and Stevens Properties Fayetteville LLC To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate and abandon several utility easements and a 20' wide sewer easement in the area described below: Easement - Book 986, Page 769 Easement Description: A permanent easement of 25 feet of equal and uniform width of the entire west side of the following described real estate and a temporary construction easement of 40 feet of equal and uniform width off the entire west side of the following estate: Property Description: Lot # 8 in Block 6 in Fergusons Addition to the City of Fayetteville, Less the part taken up by U.S. Highway #71 and part of Lot 9, of Block 6 of Fergusons Addition to the City of Fayetteville, more particularly described as follows: to -wit: Beginning at a point which is 25 feet ease of the Southwest Corner of said Lot nine (9) running then East 119 feet or to the Southeast corner of said Lot: thence North 40 feet then West 119 feet: thence South 40 feet to the point of beginning, all said lands the same as shown and designated upon the record plat of said addition on file in the office of the Circuit Clerk of Washington County. Easement - Book 1100, Page 665 Ten (10) feet of equal and uniform width off of the entire west side of the following described real estate: Lot 10 and 10 feet of equal and uniform width off of the North side of Lot 9 and 10 feet of equal and uniform width off of the south side of Lot 11 all in Block 6 of revised plat of Block 5 and 6 in Ferguson's Addition to City of Fayetteville, as shown in the record book at page 142 thereof, save and except any part thereof taken up with U.S. Highway 71 from and since the 41h day of April, 1930. Also part of Lot 11 in Block 6 in Ferguson's Additon to the City of Fayetteville, Arkansas, as the same is known and designated upon the recorded plat of said Addition and more particularly described as follows: Beginning at a pint which is 25 feet East of the Northwest Corner of said Lot running then East 119 feet to or to the East line of said Lot 11 thence South 40 feet; thence West 119 feet; thence North 40 feet to the point of Beginning, as per plat of said Addition on file in the office of the Circuit Clerk of Washinton County, Arkansas. Easement - Ordinance 3332 Bk 1262, Page 472 Beginning at the Northeast corner of Lot 18 in Ferguson's Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25' south of the Northeast corner of Lot 15 in said Addition; thence East 12'; thence North to a point 12' East of the point of beginning; thence W 12' to the point of beginning. Ordinance 3847 Bk 94, Page 72518 The remainder of the platted Alley in Block 6 of Ferguson's Addition in the City of Fayetteville, Arkansas as designated on the revised plat of Blocks 5 and 6 in said addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas. *NOTE: Ordinance No. 3332, passed and approved February 16, 1988 vacated and abandoned the following: Beginning at the Northeast corner of Lot 18 in Ferguson's Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25' south of the Northeast corner of Lot 15 in said Addition; thence East 12'; thence North to a point 12' East of the point of beginning; thence W 12' to the point of beginning. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. The existing utility easement was dedicated through multiple documents and do not follow the installed utilities. This has created a series of easements that are non-unform and unused in many areas. A new, uniform easement will be dedicated with the proposed large scale development (LSD-2025-0016) that will encompass the built utilities. Also, a new sewer main and manholes will be constructed to re-route the sewer and a new sewer easement is being dedicated to replace the portion sought to be vacated. The public interest and welfare would not be adversely affected by granting this vacation request. A llen ay You , Uev e C ts, Inc. XXXXX X X X X X X X X X X X X X X X X G X X X X X X X X UGE UGE UGE UGE UGE UGE UGE X XXX UTILITY EASEMENT (BK 1100, PG 665) PUBLIC UTILITY LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 S 1 2 LOT 18 LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 N 1 2 LOT 18 20.0' SEWER EASEMENT LOT 9 LOT 10 LOT 11 LOT 12 LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 BLO C K 6 BLO C K 5 N 87°33'39" W 10.00' N 02°26'21" E 9.88' (R E G I O N A L L I N K - H I G H A C T I V I T Y - 96 ' R . O . W . P E R M A S T E R S T R E E T P L A N ) (RESIDENTIAL LINK PER M.S.P.) (R E S I D E N T I A L L I N K PE R M . S . P . ) S 87°33'39" E 8.48' PART OF BLOCK 5 & PART OF 6 OF BLOCK 6 FERGUSON ADDITION STEVENS PROPERTIES FAYETTEVILLE LLC WARRANTY DEED BK 2018, PAGE 33132 PARCEL ID: 765-05426-000, 765-05430-000, 765-05428-000, 765-05436-000, 765-05435-000, 765-05434-000, 765-05433-000, 765-05432-000, & 765-054431-000 ZONING:DG 3.43 ACRES L11 S 87°04'04" E 187.07' S 0 2 ° 3 0 ' 1 1 " W 37 . 3 4 ' L1 L2 S 52 ° 1 0 ' 0 7 " W 55.4 2 ' L3 S 2 5 ° 2 1 ' 5 6 " W 69 . 6 7 ' L4 S 0 1 ° 1 4 ' 3 4 " W 63 . 4 7 ' S 0 1 ° 4 1 ' 1 2 " E 57 . 5 2 ' S 0 8 ° 3 4 ' 3 1 " W 40 . 5 3 ' S 1 2 ° 3 1 ' 1 9 " E 80 . 6 6 ' S 1 5 ° 4 4 ' 5 8 " W 52 . 9 9 ' S 2 1 ° 0 4 ' 4 4 " W 68 . 2 3 ' L5 N 87°04'04" W 288.51' L6 L7 L8 C1 L9 N 0 2 ° 2 6 ' 2 1 " E 2 0 7 . 1 8 ' S 61° 4 9 ' 5 2 " E 1 4 4 . 9 9 ' L10 L12 L13 L14 N 0 2 ° 3 0 ' 1 1 " E 2 7 7 . 4 9 ' C2 PART OF BLOCK 6 FERGUSON ADDITION PINWHEEL PROPERTIES LLC WARRANTY DEED BK 2011, PAGE 2605 PARCEL ID: 765-05438-000 ZONING: DG 1.73 ACRES N 0 2 ° 2 6 ' 2 1 " E 1 6 3 . 8 5 ' S 87°04'04" E 320.00' OR D I N A N C E N O . 5 5 8 5 FI L E # 2 0 1 3 - 0 0 0 1 9 7 4 0 OR D I N A N C E N O . 6 1 9 3 FI L E # 2 0 1 9 - 0 0 0 1 8 2 4 6 LO C U S A V E N U E (U N D E V E L O P E D ) 6 0 ' R / W ORDINANCE NO. 3847 (BK 94, PG 72518) 12' ALLEY VACATION 20' UTILITY EASEMENT 10' UTILITY EASEMENT (BK 1002, PG 840) 10'x55' EASEMENT (BK 987, PG 19) 25' EASEMENT (BK 986, PG 760) PUBLIC UTILITY MULTI-USE TRAIL ESMT. (INST #2013-015914) C/ L C/L C/L ORDINANCE NO. 3332 12' ALLY VACATION 20' UTILITY EASEMENT 10' UTILITY EASEMENT (BK 1002, PG 840) (PLATTED BUT NOT IMPROVED) 30' R.O.W. DEVELOPMENT CONSULTANTS INCORPORATED EASEMENT VACATIONE-1 PART OF BLOCKS 5 & 6 OF FERGUSON ADDITION FAYETTEVILLE, ARKANSAS PROJECT TITLE:PROJECT NO: SHEET NO: SHEET TITLE: 2025 11-16-2025 1" = 1000' DATE: SCALE: COPYRIGHT:REVISIONS 25-143 I N C O R P O R A T E D C O N S U L T A N T S D E V E L O P M E N T EASEMENT VACATION Reviewed By Citlali Samano Planning Department csamano@fayetteville-ar.gov 479-575-8263 Form vl.55 NVCEIVEn\ A R 2/9/2026 Li riled CRY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 574804 PO #: Matter of: ORD 6967 AFFIDAVIT•STATE OF ARKANSAS 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 WASHINGTON/BENTON 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 6967 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$124.64. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/08/26;NWA nwaonline.com 02/08/26 74fr ��\` cEfj �q�=l'Li \\� G.l B Rq Legal Clerk J� �s5 oriF F9 -% g ./(5) State ofARKANSAS,County of Sebastian _ .,� �pTR 1 cr,•,N Subscribed and sworn to before me on this 9th day of February,2026 �Cn '. pig\\C //itinin‘ NOTJJARY PUBLIC Ordinance:6967 File Number: 2026-108 AN ORDINANCE TO APPROVE VAC-25-32 FOR PROPERTY LO- CATED AT 902 SOUTH SCHOOL AVENUE AND 1020 SOUTH SCHOOL AVENUE IN WARD 1 TO VACATE 0.36 ACRES OF UTILITY 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 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: Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 1. Any and all conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville and new easements shall be dedicated as necessary. PASSED and APPROVED on February 3,2026 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:$124.64 February 8,2026 574804