HomeMy WebLinkAboutOrdinance 6995Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6995
File Number: 2026-1342
AN ORDINANCE TO APPROVE VAC-26-02 FOR PROPERTY LOCATED AT 600 WEST MEADOW
STREET IN WARD 2 TO VACATE 0.06 ACRES OF GENERAL 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 general 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 general 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 water/sewer lines within the vacated easement shall be granted a 20-foot utility easement centered
on the existing utility.
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
PASSED and APPROVED on May 5, 2026
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $121.60
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Oak Ridge
Trail
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CENTER ST
UNIVERSITY
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MEADOW ST
SPRING ST
P O WERHOUSE
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451
MOUNTAIN ST
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RPZD
Neighborhood Link
Institutional Master Plan
Urban Center
Unclassified
Alley
Planning Area
Fayetteville City Limits
Shared-Use Paved Trail
Design Overlay District
Close Up View
VAC-2026-0002 600 W MEADOW ST
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
EXHIBIT A
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
PARCEL 765-28103-000
UA PROPERTIES LLC
EASEMENT VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 2012-00002209:
UNITS 101, 102, 103, 104, 105, 106, 108, 109, 110, 201, 202, 203, 206, 207, 208, 209, 210, 301, 303, 304,
306, 308, 309 & 310 OF THE METRO DISTRICT LOFTS HORIZONTAL PROPERTY REGIME TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN AND SET FORTH IN THE MASTER DEED TO THE METRO DISTRICT
LOFTS HORIZONTAL PROPERTY REGIME FILED FOR RECORD AS LAND DOCUMENT NO. 2008-00003023
AND AMENDMENT TO MASTER DEED TO METRO DISTRICT LOFTS HORIZONTAL PROPERTY REGIME FILED
FOR RECORD AS LAND DOCUMENT NO. 2008-00017322 OF THE RECORDS OF WASHINGTON COUNTY,
ARKANSAS, SAID HORIZONTAL PROPERTY REGIME BEING FORMERLY DESCRIBED AS FOLLOWS, TO-WIT:
A PART OF THE SE1/4 OF THE NW1/4 OF SECTION 16, T-16-N, R-30-W, WASHINGTON COUNTY,
ARKANSAS, AND A PART OF BLOCK 8 AND A PART OF GREGG AVENUE (ABANDONED), ALL IN THE
ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT
OF SAID TOWN ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF SAID BLOCK 8; THENCE N8959'13"W, ALONG THE NORTH I INE OF
SAID BLOCK 8, 103.44 FEET TO A CHISELED "X", SAID POINT BEING 8.5 FEET WEST AND PERPENDICULAR
TO THE CENTERLINE OF THE OLD O.& C.C. MAIN TRACT OF THE ST. LOUIS-SAN FRANCISCO RAILWAY
COMPANY; THENCE N8959'13"W, 42.59 FEET TO A CHISELED "X" ON THE EAST BOUNDARY OF A VACATED
PORTION OF SPRING STREET, AS PER ORDINANCE 1513; THENCE S 0046'15"E, ALONG SAID EAST
BOUNDARY, 6.03 F EET; THENCE N8958'40'W, 184.51 FEET TO A SET 1/2" IRON REBAR ON THE WEST LINE
OF GREGG AVENUE (ABANDONED); THENCE N0046'15"W, ALONG THE WEST LINE OF GREGG AVENUE (A
BANDONED), 28.00 FEET TO AN EXISTING IRON IN THE CENTER OF SPRING STREET (VACATED); THENCE
N8959'13"W, 17.00 FEET TO AN EXISTING IRON IN THE CENTER OF GREGG AVENUE (ABANDONED);
THENCE S0046'15"E, 24.88 FEET ALONG T HE CENTER OF GREGG AVENUE (ABANDONED) TO AN
EXISTING IRON; THENCE N8959'13"W, 17.00 FEET TO AN EXISTING IRON AT THE INTERSECTION OF THE
WEST LINE OF GREGG AVENUE (ABANDONED) AND THE EAST RIGHT OF WAY OF THE ARKANSAS &
MISSOURI RAILROAD; THENCE $2550'27"W, ALONG S AID RAILROAD RIGHT-OF-WAY, 53.40 FEET TO THE
TRUE POINT OF BEGINNING; THENCE ALONG SAID RAILROAD RIGHT-OF-WAY THE FOLLOWING BEARINGS
AND DISTANCES: S2550'27"W, 64.27 FEET; S2449'28"W, 74.92 FEET; $2246'21"W, 82.43 FEET;
S1958'05"W 78.66 FEET; S1637'32"W, 19.29 FEET TO AN EXISTING IRON WHICH IS 2.00 FEET SOUTH OF
AN EXISTING CONCRETE RETAINING WALL; THENCE LEAVING SAID RAILROAD RIGHT-OF-WAY AND
RUNNING PARALIEL WITH AND 2.00 FEET SOUTH OF SAID RETAINING WALL, N8923'28"E, 151.62 FEET TO
AN EXISTING IRON ON THE WEST LINE OF GREGG AVENUE; THENCE N0046'15"W, ALONG THE WEST LINE
OF GREGG AVENUE 14.96 FEET TO A POINT ON THE NORTH LINE OF MEADOW STREET; THENCE
N8949'06"E, ALONG THE NORTH LINE OF MEADOW STREET; THENCE N8949'06"E, ALONG THE NORTH
LINE OF MEADOW STREET, 59.28 FEET TO A SET 1/2" IRON REBAR; THENCE LEAVING THE NORTH LINE OF
MEADOW STREET N0007'37" E, 184.83 FEET TO A SET 1/2" IRON REBAR; THENCE N02°20'07"W, 11.90
FEET TO A SET 1/2" IRON REBAR; THENCE N8806'08"W, 10.37 FEET: THENCE N00°11'55"E, 24.16 FEET TO
A SET 1/2" IRON R EBAR; THENCE N6544'57"W, 35.96 FEET; THENCE N3642 '03"W, 39.62 FEET TO A SET
1/2" IRON REBAR; THENCE N64°16'28"W, 22.43 FEET TO THE POINT OF BEGINNING, CONTAINING 0.94
ACRES, MORE OR LESS. SUBJECT TO COVENANTS, EASEMENTS AND RIGHTS OF WAY, IF ANY. SUBJECT TO
ALL PRIOR MINCRAL RESERVATIONS AND OIL AND GAS LEASES. SUBJECT TO TAXES AND OTHER LIENS.
EXHIBIT B
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-1342
MEETING OF MAY 5, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Wesley Frank, Planner
SUBJECT: VAC-2026-0002: Vacation (600 W. MEADOW ST/UA PROPERTIES LLC, 483 & 484):
Submitted by MCLELLAND CONSULTING ENGINEERS for property located at 600 W.
MEADOW ST. in WARD 2. The property is zoned MSC, MAIN STREET CENTER, and
contains approximately 0.94 acres. The request is to vacate 0.06 acres of a general
utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2026-0002 as shown in the attached Exhibits 'A' and 'B' and with the
following conditions:
1. Any damage or relocation of any existing facilities will be at the property owner's expense; and
2. Any and all water/sewer lines within the vacated easement shall be granted a 20-foot utility easement
centered on the existing utility.
BACKGROUND:
The subject property is located in central Fayetteville at the Metro District Lofts at the west end of Meadow
Street. The subject site is developed with a multi-family development built in 2007, and is located in the
Downtown Master Plan area and Downtown Design Overlay District. The property is zoned MSC, Main Street
Center.
Request: The applicant requests vacation of a portion of an existing general utility easement totaling 0.06 of an
acre at the south end of the property at 600 W Meadow St. The vacation request follows utility relocation work
done in conjunction with a multi-family, student-oriented project under construction to the south.
DISCUSSION:
City staff recommends approval of the requested utility easement vacation. According to the applicant, the
proposed vacation will allow for additional square footage that would be used in the development of a trash
enclosure. The applicant has submitted the required written consent forms from the appropriate utility providers
with no objection. Two conditions of approval have been recommended, as outlined above.
BUDGET/STAFF IMPACT:
N/A
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Request Letter, 7. Petition to Vacate, 8.
Survey
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-1342
AN ORDINANCE TO APPROVE VAC-26-02 FOR PROPERTY LOCATED AT 600 WEST
MEADOW STREET IN WARD 2 TO VACATE 0.06 ACRES OF GENERAL 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 general 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
general 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 water/sewer lines within the vacated easement shall be granted a 20-foot utility
easement centered on the existing utility.
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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
2026-1342
Item ID
5/5/2026
City Council Meeting Date - Agenda Item Only
VAC-2026-0002: Vacation (600 W. MEADOW ST/UA PROPERTIES LLC, 483 & 484): Submitted by MCLELLAND
CONSULTING ENGINEERS for property located at 600 W. MEADOW ST. in WARD 2. The property is zoned MSC,
MAIN STREET CENTER, and contains approximately 0.94 acres. The request is to vacate 0.06 acres of a general
utility easement.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
4/15/2026
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 -$
-$
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
EASEMENT VACATION DESCRIPTION:
A VARIABLE WIDTH VACATION OF PART OF A 20’ UTILITY EASEMENT PER DOCUMENT 2005-53850 IN THE
OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING (POB ESMT VAC) AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WEST
MEADOW STREET AND THE WEST RIGHT OF WAY LINE OF TERMINUS OF WEST MEADOW STREET;
THENCE ALONG SAID WEST LINE, S02°42'43"W, 7.98 FEET;
THENCE LEAVING SAID WEST LINE, S85°35'02"W, 60.44 FEET;
THENCE N87°47'07"W, 17.25 FEET;
THENCE N01°29'19"E, 20.00 FEET;
THENCE S87°47'07"E, 28.77 FEET;
THENCE N57°09'47"W, 33.68 FEET;
THENCE N01°29'19"E, 22.14 FEET;
THENCE N15°32'33"E, 1.15 FEET;
THENCE S57°09'47"E, 66.95 FEET;
THENCE N02°05'51"E, 8.81 FEET;
THENCE S87°21'40"E, 20.42 FEET;
THENCE S02°42'43"W, 20.00 FEET;
TO THE POINT OF BEGINNING (POB ESMT VAC), CONTAINING 2,745 SQ. FT., OR 0.06 ACRES.
SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, OR COVENANTS OF RECORD.
GIS Approved
03/25/2026
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
1580 E. Sterns St.
Fayetteville, AR 72703
479-443-2377/Fax 479-443-9241
www.mce.us.com
February 17, 2026
Development Services
RE: 600 W Meadow St. Utility Easement Vacation
Development Services,
We are pleased to submit our request to vacate a portion of an existing utility easement along the south
side of the property.
During the development of the new apartment building to the south of this property various underground
utilities were relocated. A section of sanitary sewer line was capped and abandoned in place as a part of
this reroute.
Our request is to vacate the portion of the utility easement that surrounds this abandoned pipe in an effort
to build a trash encloser over it. Per city code, this area of easement must be vacated in order to
construct the vertical structure of the trash enclosure. After the new trash enclosure is constructed, the
existing enclosure that sits further into the site will be demolished. This will provide easier access to the
dumpster for the Solid Waste team and cut down on the length that the truck will need to reverse to exit
the property.
We are committed to ensuring this project aligns with the city’s standards and vision. Should you have
any questions or require further information, please feel free to contact us directly.
Thank you for your consideration. We look forward to working together on this important development for
the property at 600 W Meadow St.
Sincerely,
Eric Bartels, PLA
McClelland Consulting Engineers, Inc.
Land Development Project Manager
479-443-2377
ebartels@mce.us.com
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
EASEMENT VACATION PETITION
PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN block 8 of the
Metro District Lofts Subdivision, 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 block 8 of the Metro District Lofts
Subdivision, CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation, petition to
vacate an easement which is described as follows:
EASEMENT VACATION DESCRIPTION:
A VARIABLE WIDTH VACATION OF PART OF A 20’ UTILITY EASEMENT PER DOCUMENT 2005-53850
IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING (POB ESMT VAC) AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WEST
MEADOW STREET AND THE WEST RIGHT OF WAY LINE OF TERMINUS OF WEST MEADOW STREET;
THENCE ALONG SAID WEST LINE, S02°42'43"W, 7.98 FEET;
THENCE LEAVING SAID WEST LINE, S85°35'02"W, 60.44 FEET;
THENCE N87°47'07"W, 17.25 FEET;
THENCE N01°29'19"E, 20.00 FEET;
THENCE S87°47'07"E, 28.77 FEET;
THENCE N57°09'47"W, 33.68 FEET;
THENCE N01°29'19"E, 22.14 FEET;
THENCE N15°32'33"E, 1.15 FEET;
THENCE S57°09'47"E, 66.95 FEET;
THENCE N02°05'51"E, 8.81 FEET;
THENCE S87°21'40"E, 20.42 FEET;
THENCE S02°42'43"W, 20.00 FEET;
TO THE POINT OF BEGINNING (POB ESMT VAC), CONTAINING 2,745 SQ. FT., OR 0.06 ACRES.
SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, OR COVENANTS OF RECORD.
That the abutting real estate aHected by said abandonment of the easement are 16-16-30
County Court Plat Subdivision, City of Fayetteville used by the public for a period of many
years, and that the public interest and welfare would not be adversely aHected by the
abandonment of the portion of the above described easement.
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above
described real estate, subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefit and purpose as now approved by law.
The petitioners further pray that 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 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
easement.
Dated this 17th day of February, 2026.
Printed Name
Signature
MitchkWeigel:kPO"kManager
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370
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CONSULTING
ENGINEERS, INC.
McCLELLAND
D E S I G N E D T O S E R V E
HTTP://WWW.MCE.US.COM
REVISIONS
REV DATE DESCRIPTION
SCALE:
DATE:
DRAWN BY:PROJ. MANAGER:
PROJ. NUMBER:
REVISION:
#### W:\2024\0-BUSINESS DEVELOPMENT\FAYETTEVILLE\TRINITAS\DUMPSTER EXHIBIT\EASEMENT\TRINITAS EASEMENT VACATION EXHIBIT.DWG
C 2025
1580 E. STEARNS ST.
FAYETTEVILLE, AR 72703
(479) 443-2377
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N
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SE
T
B
A
C
K
L
I
N
E
PA
R
T
O
F
2
0
0
5
-
5
3
8
5
0
T
O
R
E
M
A
I
N
PA
R
T
O
F
2
0
0
5
-
5
3
8
5
0
V
A
C
A
T
E
D
P
E
R
T
H
I
S
D
O
C
U
M
E
N
T
20
2
4
-
1
8
9
0
9
(
T
O
R
E
M
A
I
N
)
0
SC
A
L
E
1
"
=
2
0
'
40
20
10
TRINITAS DUMPSTER ENCLOSURE RELOCATION
EASEMENT VACATION EXHIBIT
FAYETTEVILLE, ARKANSAS
Docusign Envelope ID: 53AFC179-D95E-8C7C-816A-763379733370