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Home My WebLink AboutOrdinance 7008Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7008 File Number: 2026-1957 AN ORDINANCE TO APPROVE VAC-26-06 FOR PROPERTY LOCATED AT 1660 EAST CYPRESS LANE IN WARD 3 TO VACATE 15.60 SQUARE FEET 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 condition that any damage to or relocation of existing facilities will be at the property owner/developer’s expense. PASSED and APPROVED on June 16, 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: $109.44 Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 WI N W O O D D R H A CKBERRY DR ELMWO O D D R B O S TON PL AMBER D R C Y P R E S S L N OV E R C R E S T S T M I S S I O N B L V D C-1 R-A RSF-4 Neighborhood Link Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2026-0006 1661 E CYPRESS LN N 0 150 300 450 60075 Feet Subject Property 1:2,400 EXHIBIT A Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 UTILITY EASEMENT VACATION AT: 1661 E CYPRESS LANE, FAYETTEVILLE, AR 72703 THE BELOW DESCRIPTION CORRESPONDS WITH ALAN REID & ASSOCIATES JOB #26098-I SURVEY DESCRIPTION - UTILITY EASEMENT VACATION AREA A PART OF LOT SIX NUMBERED (6), CHARLESTON PLACE, A PLANNED UNIT DEVELOPMENT TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 16 AT PAGE 36 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT SIX (6), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N33°14'34"E 64.28 FEET TO AN EXISTING IRON REBAR AT THE NORTHEAST CORNER OF SAID LOT SIX (6), SAID POINT BEING ON A 175.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 33.42 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE OF AMBER DRIVE, THE CHORD FOR WHICH BEING N54°44'01'E 33.37 FEET, TO THE POINT OF TANGENCY; THENCE N49°40'22"W 17.02 FEET ALONG SAID RIGHT-OF-WAY LINE TO A POINT; THENCE LEAVING SAID RIGHT-OF-WAY LINE, S40°19'38"W 12.50 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE NORTHEASTERLY SIDE OF AN EXISTING HOUSE AND THE SOUTHERLY BOUNDARY OF A TWELVE AND ONE -HALF (12.50) FOOT WIDE BUILDING SETBACK AND UTILITY EASEMENT; THENCE N49°40 '22"W 12.92 FEET ALONG SAID SETBACK AND UTILITY BOUNDARY TO THE BEGINNING OF A 12.50 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 2.60 FEET ALONG SAID SETBACK AND UTILITY EASEMENT BOUNDARY, THE CHORD FOR WHICH BEING N55°11'44"W 2.59 FEET, TO A POINT ON THE NORTHWESTERLY SIDE OF A TWO STORY COVERED PORCH; THENCE LEAVING SAID BUILDING SETBACK AND UTILITY EASEMENT BOUNDARY, N46°34'15"E 2.25 FEET TO THE NORTHWEST CORNER OF SAID COVERED PORCH; THENCE S42°14'08"E 15.38 FEET ALONG THE NORTHEAST ERLY SIDE OF SAID PORCH AND HOUSE TO THE POINT OF BEGINNING, CONTAINING 15.60 SQUARE FEET, MORE OR LESS. Exhibit B Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1957 MEETING OF JUNE 16, 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-2026-0006: Vacation (1661 E. CYPRESS LN/LOVIN, 370): Submitted by ALAN REID & ASSOCIATES for property located at 1660 E. CYPRESS LN. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, and contains approximately 0.12 acres. The request is to vacate 15.60 square feet of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2026-0006 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. BACKGROUND: The subject property is located in east Fayetteville, approximately 75 feet north of Fairview Memorial Gardens. The subject site is developed with a single-family development that was built in 2004. The subject property is not within any overlay districts. The property is zoned RSF-4, Residential Single-Family, Four Units per Acre. This easement vacation runs along the Northeast portion of the property that runs along the single-family structure and front porch. Request: The applicant is requesting to vacate a portion of an existing general utility easement totaling 15.60 square feet at the Northeast corner of the dwelling unit at 1661 E. Cypress Ln. DISCUSSION: City staff recommends approval of the requested utility easement vacation. According to the applicant, the proposed vacation will remedy the existing encroachment into the general utility easement, as the home was constructed in 2004. The applicant has submitted the required written consent forms from the appropriate utility providers with no objection. One condition of approval has been recommended, as outlined above. BUDGET/STAFF IMPACT: N/A Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 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: 37324E2B-84DA-8EF6-838D-EC29D8403816 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1957 AN ORDINANCE TO APPROVE VAC-26-06 FOR PROPERTY LOCATED AT 1660 EAST CYPRESS LANE IN WARD 3 TO VACATE 15.60 SQUARE FEET 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 condition that any damage to or relocation of existing facilities will be at the property owner/developer’s expense. Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 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 2026-1957 Item ID 6/16/2026 City Council Meeting Date - Agenda Item Only VAC-2026-0006: Vacation (1661 E. CYPRESS LN/LOVIN, 370): Submitted by ALAN REID & ASSOCIATES for property located at 1661 E. CYPRESS LN. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, and contains approximately 0.12 acres. The request is to vacate 15.60 square feet of a general utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT SERVICES (620) Division / Department 5/28/2026 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: 37324E2B-84DA-8EF6-838D-EC29D8403816 Docusign Envelope ID: 37324E2B-84DA-8EF6-838D-EC29D8403816 TO VACATE A GENERAL UTILITY EASEMENT LOCATED IN LOT SIX (6}, CHARLESTON PLAGE, A PLANNED UNIT DEVELOPMENT TO THE CITY FAYETTEVILLE, AS SHOWN IN PLAT BOOK 16 AT PAGE 36 OF THE LAND RECORDS WASHINGTON COUNTY, ARKANSAS To:The Fayetteville City Council I,undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be and vacated, lying in lot six numbered (6), charleston place, a planned unit Development, Cig of Arkansas, a municipal corporation, petition to vacate an easement which is described as follows see attached drafted suruey drawing far a visual).. SURVEY DESCRIPTION - UTILIry EASEMENT VACATION AREA A PART OF LOT SIX NUMBERED (6), CHARLESTON PLACE, A PLANNED UNIT DEVELOPMENT TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 16 AI PAGE 36 OF THE LAND RECORDS OF WASHINGION COUNTY, ARKANSAS' BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SA1D LOT StX (6), SAID POINT BEING AN EXISTING fRON REBA& THENCE N33"14'34'E 64.28 FEET TO AN EXISTING IRON REBAR AT rHE NORTHEAST CORNER OF SAID LOT StX (6), Sq|D pOtNT BETNG ON A 175.00 FOOT RADTUS CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 33.42 FEET ALONG SAID CURVE AND RIGHT.OF-WAY LINE OF AMBER DRIVE, THE CHORD FOR WHICI'I BEING N54'44'01'E 33.37 FEET, TO THE POINT OF TANGENGY; THENCE N49'40'22'W 17.02 FEET ALONG SAID RTGHT-OF-WAY LINE TO A POINT; THENCE LEAVTNG SAID RIGHT-OF-WAy LINE, 540'19'38,W 12.50 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE INTERSECTION OF THE NORTHEASTERLY slDE 0F AN EXISTING HoUSE AND THE SOUTHERLY BOUNDARY OF A TWELVE AND ONE-HALF (12.50) FOOT W|DE BUILDING SETBACK AND UTlLlry EASEMENT; THENCE N49"40'22'W 12.92 FEET ALONG SA|D SETBACK AND UTtLtry BOUNDARY TO THE BEGINNING OF A 12.50 FOOT RADTUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 2.60 FEETALONG SAID SETBACKAND UTILITY EASEMENT BOUNDARY, THE CHORD FOR WHICH BEING N55"11'44'W 2.59 FEET, TO A POINT ON THE NORTHWESTERLY SIDE OF A TWO STORY COVERED PORCH; THENCE LEAVING SAID BUILDING SETBACK AND UTILTY EASEMENT BOUNDARY, N46"34'15'E 2.25 FEET TO THE NORIHWEST CORNER OF SAID COVERED PORCH; THENCE S42'14'08'E 15.38 FEETALONG lHE NORTHEASTERLv SIDE OF SAID PORCH AND HOUSE TO THE POINT OF BEGINNING, CONTAINING 15.60 SQUARE FEET, MORE OR LESS. no other abutting real estate is affected by said abandonment of the utility easement and that the public and welfare would not be adversely affected by the abandonment of the above-described portion of the easement. the undersigned petitioner respectfully pray that the governing body of the City of Fayetteviile, abandon and vacate the above-described real estate, and as to that particular land the owner and owners be tee from the easements of the public for the use of said utilig easement. 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