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Home My WebLink AboutOrdinance 7011Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7011 File Number: 2026-2024 AN ORDINANCE TO APPROVE VAC-26-05 FOR PROPERTY LOCATED AT 4307 WEST CACTUS PLACE IN WARD 1 TO VACATE 239 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 July 7, 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: 4175B64C-BF90-82CD-83E6-AB17E6123A1E BRONCO DR B R O N C O D R AM A R I L L O A V E BANDERA ST GO O D S E L L L N RA T T L E S N A K E LN ALLEY 4762 CA L I C O A V E AL L E Y 47 6 1 BENCHMARK LN CACTUS PL ALLEY 4775 WA G O N W H E E L A V E RO U N D A BOUT 1 0 0 4 R U P P L E RD R U P P L E R D RUPPLE RD RUPP L E R D NC CS RSF-18 RI-U P-1 Regional Link Alley Residential Link Planned Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2026-0005 4307 W CACTUS PL N 0 150 300 450 60075 Feet Subject Property 1:2,400 EXHIBIT A Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E GIS Approved 05/20/2026Exhibit B Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-2024 MEETING OF JULY 7, 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-2026-0005: Vacation (4307 W CACTUS PL/SCHUBER MITCHELL HOMES LLC, 516 & 517): Submitted by KARIN YORK for property located at 4307 W CACTUS PL. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and CS, COMMUNITY SERVICES and contains approximately 0.17 acres. The request is to vacate 239 square feet of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2026-0005 as shown in the attached Exhibits 'A' and 'B' and with the following condition: 1. Any damage or relocation of any existing facilities will be at the property owner's expense. BACKGROUND: The subject property is located in west Fayetteville, less than 1/4 mile north-west of John L. Colbert Middle School. The subject site is tied to the Towne West Subdivision, Phase VIII (FPL-2025-0004) that was approved in August 2025. The subject property is split-zoned, NC, Neighborhood Conservation and CS, Community Services and it planned to be developed with a single-family house. The subject property is not within any overlay districts. Request: The applicant is requesting to vacate a portion of an existing general utility easement totaling 239 square feet at the northeast portion of the proposed dwelling unit at 4307 W Cactus Pl. DISCUSSION: City staff recommends approval of the requested utility easement vacation. Approval of the request will facilitate construction of a detached, single-family dwelling. The applicant has noted that there is a low voltage box from Cox that is located at the eastern edge of the property which will remain in easement. All relevant utility providers have submitted written consent with no objections. Staff recommends approval subject to the single condition outlined above. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Letter of Intent, 7. Petition to Vacate, 8. Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Survey Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-2024 AN ORDINANCE TO APPROVE VAC-26-05 FOR PROPERTY LOCATED AT 4307 WEST CACTUS PLACE IN WARD 1 TO VACATE 239 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: 4175B64C-BF90-82CD-83E6-AB17E6123A1E 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 2026-2024 Item ID 7/7/2026 City Council Meeting Date - Agenda Item Only VAC-2026-0005: Vacation (4307 W CACTUS PL/SCHUBER MITCHELL HOMES LLC, 516 & 517): Submitted by KARIN YORK for property located at 4307 W CACTUS PL. in WARD 1. The property is split-zoned NC, NEIGHBORHOOD CONSERVATION and CS, COMMUNITY SERVICES and contains approximately 0.17 acres. The request is to vacate 239 square feet of a general utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 6/9/2026 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: 4175B64C-BF90-82CD-83E6-AB17E6123A1E The Fayetteville City Council I am requesting a partial vacation of a utility easement on the left side of Lot 76 (4307 W. Cactus pl. Fayetteville AR, in the Towne West subdivision phase 8). There is an existing 10 foot easement in the left side of the lot and in order for my house to fit it will need to cross over the easement by 2.5 feet. The only item in the easement is a cox low voltage box which is located at the very edge of the property. Your cooperation is greatly appreciated. Sincerely Gary Edwards representative of Schuber Mitchell Homes. Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E