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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 F r i s c o T r a i l F r isco Trail Razorback GreenwayConnector WE S T A V E SPRING ST CENTER ST UNIVERSITY AVE MEADOW ST SPRING ST P O WERHOUSE AVE A LLEY 451 MOUNTAIN ST G R E G G A V E WHITESIDE ST C-3 RMF-40 NC MSC P-1 DG 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 ES M T V A C 27 4 5 S Q . F T . 0. 0 6 A C . 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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 AS NOTED EB CD 12/16/2025 1 OF 1 EASEMENT VACATION EXHIBIT PR O P E R T Y L I N E LE G E N D RO A D C E N T E R L I N E EA S E M E N T L I N E RI G H T - O F - W A Y L I N E R/ W PA R C E L L I N E 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