HomeMy WebLinkAboutOrdinance 69871 13 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6987
File Number: 2026-722
AN ORDINANCE TO APPROVE VAC-25-34 FOR PROPERTY LOCATED NORTHEAST OF SOUTH
WASHINGTON AVENUE AND EAST MARTIN LUTHER KING, JR. BOULEVARD IN WARD I TO
VACATE O.II ACRES OF UTILITY EASEMENT
WHEREAS, the City Council has the authority under Ark. Code Ann. S 14-54-104 to vacate public grounds or
portions thereofwhich 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 I : 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:
l. Any damage to or relocation of existing facilities will be at the property owner/developer's expense.
2. A l0-foot diameter circle shall be required around each power pole for electrical easements.
PASSED and APPROVED on April 7 ,2026
Approved A ttest:
Rawn,Kara Paxton, City
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $123.12
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VAC-2025-0034
EXHIBIT 'A'
VAC-2025-0034
EXHIBIT ‘B’
LEGAL DESCRIPTIONS
20' UTILITY EASEMENT VACATION #1:
A PART OF LOT 44 OF THE COUNTY COURT PLAT OF SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02°32'34"E 320.96', THENCE S87°27'26"E
346.16', THENCE N03°57'39"E 8.01' TO THE EAST RIGHT-OF-WAY OF WASHINGTON
AVENUE MARKING THE TRUE POINT OF BEGINNING AND RUNNING THENCE
ALONG SAID RIGHT-OF-WAY N03°57'39"E 123.61', THENCE LEAVING SAID RIGHT-OF-
WAY S86°41'04"E 20.00', THENCE S03°57'39"W 123.41' TO THE NORTH RIGHT-OF-WAY
OF MARTIN LUTHER KING JR BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY
N87°16'10"W 20.00' TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
20' UTILITY EASEMENT VACATION #2:
A PART OF LOT 44 OF THE COUNTY COURT PLAT OF SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02°32'34"E 320.96', THENCE S87°27'26"E
346.16', THENCE N03°57'39"E 8.01' TO THE NORTH RIGHT-OF-WAY OF MARTIN
LUTHER KING JR. BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY S87°16'10"E
107.67' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING SAID
RIGHT-OF-WAY N03°58'13"E 122.51', THENCE S86°41'04"E 20.00', THENCE S03°58'13"W
122.31' TO THE NORTH RIGHT-OF-WAY OF MARTIN LUTHER KING JR. BOULEVARD,
THENCE ALONG SAID RIGHT-OF-WAY N87°16'10"W 20.00' TO THE POINT OF
BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS.
CITY COUNCIL MEMO
2026-722
MEETING OF APRIL 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Donna Wonsower, Senior Planner
SUBJECT: VAC-2025-0034: Vacation (NORTHEAST OF S. WASHINGTON AVE & E. MARTIN
LUTHER KING JR BLVD/EQUITY TRUST COMPANY CUSTODIAN, 524): Submitted by
WESLEY BATES for property located NORTHEAST OF S. WASHINGTON AVE. & E.
MARTIN LUTHER KING JR BLVD. in WARD 1. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 0.34 acres. The request is to
vacate 0.11 acres of utility easements.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2025-0034 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. A 10-foot diameter circle shall be required around each power pole for electrical easements.
BACKGROUND:
The subject property is in south Fayetteville just north of Jefferson Park at the intersection of E. Martin Luther
King Jr. Blvd. and S. Washington Ave. The property received its current zoning designation of DG, Downtown
General on July 15, 2008, with the passage of Ordinance 5153 by City Council.
Request: The applicant proposes to vacate two existing twenty-foot-wide public utility easements along the
eastern and western property boundaries. These easements were dedicated in 2003 but do not appear to have
been developed with any utilities in the interim.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all
the necessary approvals without objections. SWEPCO has requested easements surrounding existing power
poles, and any existing utilities would be at the owner/developer’s expense.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Request Letter , 7. Petition to Vacate, 8.
Survey
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323 Legislation Text
File #: 2026-722
AN ORDINANCE TO APPROVE VAC-25-34 FOR PROPERTY LOCATED NORTHEAST OF
SOUTH WASHINGTON AVENUE AND EAST MARTIN LUTHER KING, JR. BOULEVARD
IN WARD 1 TO VACATE 0.11 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. A 10-foot diameter circle shall be required around each power pole for electrical easements.
Page 1
City of Fayetteville Staff Review Form
2026-722
Item ID
4/7/2026
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Jonathan Curth 3/19/2026 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date
Action Recommendation:
Division / Department
VAC-2025-0034: Vacation (NORTHEAST OF S. WASHINGTON AVE & E. MARTIN LUTHER KING JR BLVD/EQUITY TRUST
COMPANY CUSTODIAN, 524): Submitted by WESLEY BATES for property located NORTHEAST OF S. WASHINGTON
AVE. & E. MARTIN LUTHER KING JR BLVD. in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and
contains approximately 0.34 acres. The request is to vacate 0.11 acres of utility easements.
Budget Impact:
Account Number Fund
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Project Title
Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget $ -
Item Cost $ -
Budget Adjustment $ -
Remaining Budget $ -
Purchase Order Number: Previous Ordinance or Resolution #
V20221130
Change Order Number: Approval Date:
Original Contract Number:
Comments:
To: Fayetteville City Planning Commission
And: Fayetteville City Council
Dear Commissioners and Council Members,
I am submitting the attached Petition to Vacate two existing 20-foot utility easements located on
Lot 44 of the County Court Plat in the City of Fayetteville.
These easements do not currently serve any utilities, do not connect to active infrastructure, and
are unnecessary for present or future utility needs. All applicable utility providers have reviewed
the request and have provided written approval to vacate the easements.
Vacating these easements will not adversely impact the public interest, health, safety, or welfare
and will allow the property to be used more effectively in accordance with applicable zoning and
development standards.
Thank you for your consideration of this request. Please let me know if any additional
information is needed.
Sincerely,
Wes Bates
PETITION TO VACATE A GENERAL UTILITY / WATER & SEWER EASEMENT
LOCATED IN (Lot 44, County Court Plat, SW¼ of Section 15, T-16-N, R-30-W),
CITY OF FAYETTEVILLE, ARKANSAS
TO:
The Fayetteville City Planning Commission
and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement hereinafter
sought to be abandoned and vacated, lying in Lot 44 of the County Court Plat of the SW¼ of
Section 15, Township 16 North, Range 30 West, City of Fayetteville, Washington County,
Arkansas, petition to vacate an easement which is described as follows:
Legal Description of Area to Be Vacated
20' UTILITY EASEMENT VACATION #1:
A PART OF LOT 44 OF THE COUNTY COURT PLAT OF SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02°32'34"E 320.96', THENCE S87°27'26"E
346.16', THENCE N03°57'39"E 8.01' TO THE EAST RIGHT-OF-WAY OF WASHINGTON
AVENUE MARKING THE TRUE POINT OF BEGINNING AND RUNNING THENCE
ALONG SAID RIGHT-OF-WAY N03°57'39"E 123.61', THENCE LEAVING SAID RIGHT-OF-
WAY S86°41'04"E 20.00', THENCE S03°57'39"W 123.41' TO THE NORTH RIGHT-OF-WAY
OF MARTIN LUTHER KING JR BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY
N87°16'10"W 20.00' TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE
OR LESS.
20' UTILITY EASEMENT VACATION #2:
A PART OF LOT 44 OF THE COUNTY COURT PLAT OF SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02°32'34"E 320.96', THENCE S87°27'26"E
346.16', THENCE N03°57'39"E 8.01' TO THE NORTH RIGHT-OF-WAY OF MARTIN
LUTHER KING JR. BOULEVARD, THENCE ALONG SAID RIGHT-OF-WAY S87°16'10"E
107.67' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING SAID
RIGHT-OF-WAY N03°58'13"E 122.51', THENCE S86°41'04"E 20.00', THENCE S03°58'13"W
122.31' TO THE NORTH RIGHT-OF-WAY OF MARTIN LUTHER KING JR. BOULEVARD,
THENCE ALONG SAID RIGHT-OF-WAY N87°16'10"W 20.00' TO THE POINT OF
BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment is located within Lot 44 of the
County Court Plat, City of Fayetteville, and that the public interest and welfare would not be
adversely affected by the abandonment of the portion of the above-described easement.
The petitioners pray that the City of Fayetteville abandon and vacate the real estate described
above, subject to existing utility and sewer easements as required, and that said real estate
be used for their respective benefit and purpose as allowed by law.
The petitioners further pray that title to the above-described real estate be vested in the abutting
property owners as provided by law.
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 the real estate sought to be abandoned be vested
in the abutting property owners as provided by law.
Dated this 27th day of December, 2025.
Printed Name: Wesley Bates, Applicant
Signature: _______________________________
Printed Name: Carla Clayton, Owner
Signature: _______________________________
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