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HomeMy WebLinkAboutOrdinance 7033Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7033 File Number: 2026-3008 AN ORDINANCE TO APPROVE VAC-2026-0010 FOR PROPERTY LOCATED WEST OF 281 EAST ROCK STREET IN WARD 1 TO VACATE 268.50 SQUARE FEET OF GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 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 agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A, the legal description attached as Exhibit B, and the survey attached as Exhibit E to the Planning Division's agenda memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation is subject to the condition that any damage or relocation of any existing facilities will be at the property owner's expense. PASSED and APPROVED on September 15, 2026 ������`RK I rR Qj Approved: Attest: 'CiOff` sG� =v� FAYETTEVILLE��= �2'•-9,�kANSPC'�� Molly Rawn, Mayor Kara Paxton City Clerk Treasu GTN • • • ' ' \,``� This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $114.00 Page 1 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD VAC-2026-0010 Close Up View Q dal ~ I Z O CU i I MOUNTAIN ,ST I� W Q Z O H O z ROMST 7 i OUT U Urban Center Alley Residential Link Hillside -Hilltop Overlay District Planning Area Fayetteville City Limits — — — Trail (Proposed) Design Overlay District WEST of 281 E ROCK ST 75 u Subject Property Feet 0 75 150 300 1.2,400 W Q 450 600 K,ST EXHIBITA h :NTER-ST "41 W//// -1 W A�KER/ O NORTH Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD EXHIBIT B Part of Tract "A" of Lot 1, Block 2, Hendry's Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at a point marking the Northwest Corner of said Tract "A", lying on the South Right -of -Way line of East Rock Street; thence along the West line of said Tract "A", South 03155'46" West, 8.01 feet to the Point of Beginning; thence leaving said West line, South 88124'25" East, 67.14 feet to a point on the East line of said Tract "A"; thence along the East line of said Tract "A", South 03155'33" West, 4.08 feet; thence leaving said East line, North 88100'56" West, 67.12 feet to a point on the West line of said Tract "A"; thence along the West line of said Tract "A", North 03055'46" East, 3.68 feet to the Point of Beginning. Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD LINE BEARING L1 N00'00'12"W L2 SOO'00'00"E L3 S87'39'44"W L4 N00'00'00"W Y.i s s in zn F� N nnlmu1u1,,,..n,e: REL Doe ID: 0187 6850Kin001 Type: RVEY Recorded: 07/24/2019 at 03:58:58 PM Fee Amt: $15,00IrI'Pagee j of i IISTANCE wa "l "„jam --- Circuituiem Kyle Syvester n�j Qn 78.58' File2019-00021925 , 2.52' 134.26' -- - 765-06417-000 3.32' - HOUSING AUTHORITY CITY OF FAYETTEVILLE 765-1280 765-12807--000 765-12810-000 CITY OF FAYETTEVILLE ST. JAMES RODGERS, MARY RUTH RMF-24 MISSIONARY BAPTIST M LEGAL DESCRIPTION (765-06319-000): LOT NUMBERED ONE (1) IN BLOCK NUMBERED TWO (2), HENDRY'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. 101 OWNER: ADAM & AMELIA COX Exhibit E K 0 N � N N i II _x �'_ 00 � 0 ADDRESS:281 E. ROCK STREET 1 FAYETTEVILLE, ARKANSAS 72701 3 0' 30' 60' 90' 1 " = CITY OF FAYETTEVILLE 30' z 12 W o Y V W W w N cn F- W CERTIFICATE OF OWNERSHIP & DEDICATION: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNERSHIP, ALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO O DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE ( \ U L . REPAIR OF EXISTING FACILITIES, ALSO ESTABLISHED HEREBY IS THE RIGHT OF INGRESS AND EGRESS TO SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN Z pr- SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM THE HIN SAI NTS. 7 �' �`� — w ``' Q ------------------- — ---------- DATE OWNER DATE OWNER .e tw 0 J •• �A / f UJ � C) 0PAI #2563 ��1ga41F�°3P4� RMF-24 BUILDING SETBACKS:' LEGAL DESCRIPTION — TRACT A FRONT ....... 0-25' BUILD TO ZONE SIDE OTHER) ........ 8 FEET , • ' E F A PART OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED TWO (2) HENDRY'S SIDE 1 AND 2 FAMILY).. FEET I i a �, �s �� ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID REAR �OTHER) ........ 20 FEET €• • ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO Vn : t REAR SINGLE FAMILY) ....... 5 FEET I 15,�NM � ; .• ,� RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY T-?DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT ONE (1), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N88'00 12 E 67.12 FEET ALONG THE NORTH LINE OF SAID LOT ONE (1) TO A SET 1/2" IRON ®+raaaaata` REBAR; THENCE S00'00 12 E 78.58 FEET TO A SET 1/2" IRON REBAR ON THE \ SOUTH LINE OF SAID LOT ONE (1); THENCE S87'52'36"W 67.13 FEET TO AN L ____ — — EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF SAID LOT ONE (1); -- THENCE NORTH 78.73 FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS. SURVEY DESCRIPTION - TRACT 'B' I I APPROVED FOR RECORDATION A PART OF LOT NUMBERED ONE (1) IN BLOCK NUMBERED TWO (2), HENDRY'S I FAYETTEVILLE PLANNING ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADMINISTRATION ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO 3 ZA�4 RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY By:_Date DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER .OF SAID LOT ONE (1), SAID POINT BEING AN EXISTING IRON REBAR; THENCE N88'00'12"E FLOOD DESIGNATION: 67.12 FEET ALONG THE NORTH LINE OF SAID LOT ONE (1) TO A SET 1/2" IRON THIS PROPERTY DOES NOT LIE IN ZONE 'A/AE' (SPECIAL FLOOD HAZARD REBAR FOR THE TRUE POINT OF BEGINNING; THENCE N88'00'12"E 67.12 FEET TO AREAS INUNDATED BY 100-YEAR FLOOD) AS DETERMINED FROM THE AN EXISTING IRON. REBAR AT THE NORTHEAST CORNER OF SAID LOT ONE (1); F.I.R.M. MAP OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED THENCE SOUTH 78.43 FEET TO AN, EXISTING IRON REBAR AT THE SOUTHEAST AREAS,. MAP NUMBER 05143CO220 F, EFFECTIVE DATE MAY 16, 2008. CORNER OF SAID LOT ONE (1); THENCE S87'52'36"W 67.12 FEET ALONG THE SOUTH LINE OF SAID LOT ONE (1) TO A SET 1/2" IRON REBAR; THENCE PLAT NOTES: N00'00'12"W 78.58 FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, EXCEPT AS SPECIFICALLY STATED OR. SHOWN ON THIS PLAT, THIS SURVEY DOES MORE OR LESS' NOT PURPORT TO REFLECT ANY OF THE FOLLOWING WHICH MAY BE APPLICABLE TO THE SUBJECT REAL ESTATE: RNE COR. MF-24 LOT 1 BLOCK 2. s s s s HENDRY'S ADD. CURB & GUTTER . ROC_K STREET - - 25' R� (ASPHALT, MSP! LOCAL STREET)25.— �� _ --_ AS PER MSP W w' �rE S88'00' 1 2» W 21.s' W w W w W 50.00' S W E S. W 5CONCRETE SIDEWALK. • S s s ---=r15 pip � N88.00' 1 2"E 11.5' E N88.00' 1 2"E MSP RIW ED. PER THIS PLAT 134.24 2 T s NW COR: ' 67.12 28.9' LOT 1 281.05' R W 2.3' 67.12 L3 5' ELEC. U.E'S� PS 28.9' �� BLOCK 1 15 ELEC. ESMT. 0 F za.a O o HILLS ADD. 0'-25' B.T.Z. 00 , D c,a �j r- I r`'� 765'-06402-000 r` 0'-25' B.T.Z. RMF-24� u--� I J = -+ ST. JAMES 765-06327-000 M MAYFIELD, AMY -� - T - - o ®N W I m �y MISSIONARY BAPTIST w TRACT 'A' I � 0 x "t `' o �i 0.12t ACRES I m r o' '' c< m( m m l -i D E O RMF-24 <C NI 765-06319-000 1'6 o rn G N ® RMF-24 = C° LOT 1 tOVERED RAISED p"'F BLOCK 2 mIDECKm J I� O I HENDRY'S ADD. I ml TRACT 'B' I a CONCIR CAI _ z I 0.24t ACRES I 0.12f ACRES .DRIVE is 5.0' 14 �-67.135s.G 134.25' 28.1� 765-06403-000 S87*5236 W z ST. JAMES 765-06329-000 �7 � .I j MISSIONARY BAPTIST FLOWERS, JOSIE LEE; 24.0 _ FLOWERS, GREGORY; I N:635649.656 RMF-24 FLOWERS-DAVIS, TOMMIE E:675325.862 N:635645.419 765-06320-000 E:675460.045 MAHONEY, RYAN EDWARD & RMF-24 MAHONEY-VAZQUEZ, TANIA P. I EASEMENTS. OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE TIME OF MAKING OF THIS SURVEY; RESTRICTIVE COVENANTS; SUBDIVISION RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE. THIS SURVEY IS VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND SIGNATURE OF THE SURVEYOR. THIS SURVEY MEETS OR EXCEEDS THE CURRENT "ARKANSAS MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS". DECLARATION IS MADE TO THE ORIGINAL PURCHASER OF THE SURVEY. IT IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUBSURFACE AND ENVIRONMENTAL CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS A PART OF THIS SURVEY. N v -P NOTE: UNDERGROUND ELECTRIC SERVICE LINE CROSSING TRACT 'A' SHALL BE RELOCATED TO THE NORTHEAST CORNER OF TRACT 'A' TO SERVE BOTH TRACTS. BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM (NORTH ZONE) STATE LAND SURVEYOR FILE CODE 500-14N-30W-0-06-240-72-1005 W W �JJ LLI 00 Q N� O . C-1w ac 0 a a U C0 9 of C-O ��Of �' �' o rn �az0 0 Z Z) �Q od m M 0 VICINITY MAP LEGEND CITY PLAT PAGE #524 000M , �k�z < ® AC UNIT 0 FIBER OPTICS SIGN RIGHT-OF-WAY MON. �2ar,�� - 2 •^• BACKFLOW VALVE i7 ARE HYDRANT OO SANITARY SEWER CLEANOUT BOLLARD POST FIRE SPRINKLER 0 SANITARY SEWER MANHOLE e BUGGY AXLE tf1 FLAG POLE i SATELLITE DISH © CABLE BOX 0 FOUND AXLE 0 SEPTIC TANK LID © CABLE TV PEDESTAL 9 GAS LINE SIGN 0 SET 1/2" IRON REBAR m x• CHISLED 'X' IN CURB O GAS METER ❑ SET STAKE ON LINE + COMPUTED POINT G GAS REGULATOR A STATE MONUMENT E CONC. MONUMENT 0 GAS REGULATOR ■ STONE MONUMENT M C.O.E. MONUMENT O GENERATOR ® STORM DRAIN MANHOLE y DOWN GUY 0 GROUND LIGHT � STREET SIGN O DRAIN GRATE 0 IRRIG. CONTROL VALVE 0 T-POST co p ELECTRIC BOX S JUNCTION BOX p TELEPHONE BOX (/) _ z 0 ELECTRIC METER LAMP POST (D TELEPHONE PEDESTAL Z O 0 ELECTRIC PEDESTAL MAIL BOX # TEMPORARY BENCHMARK Q [if U) 0 EXIST. ALUM, CAPPED MON, IC( OBSERVATION WELL p TRAFFIC SIGNAL BOX - U EXIST. COTTON SPINDLE AlI- PARKING SIGN ® TRANSFORMER BOX (n W OO EXISTING IRON PIPE 0 PAY PHONE Q TREE > LLJ • EXISTING IRON REBAR 0 POWER POLE J9 WATER LINE SIGN W � ♦ EXIST. NAIL IN FENCE POST 0 PROPANE TANK ® WATER METER � ♦ EXISTING R/W MONUMENT RAILROAD SPIKE WATER SPIGOT ® FENCE POST( READING IN ROAD ►. WATER VALVE 0 IHI EXIST. IRON IN CONCRETE — - — CENTERLINE ROAD EASEMENT LINE Lij - - - - RIGHT-OF-WAY LINE ---- BUILDING SETBACK LINE Q — x — BARBED-WIRE FENCE —ow— OVERHEAD ELECTRIC LINE Q -o — CHAIN -LINKED FENCE — E — UNDERGROUND ELECTRIC LINE d -x—�- PRIVACY FENCE — G — GAS LINE O -I} WIRE FENCE — ss — SANITARY SEWER LINE JOB NO. MAJOR CONTOUR INTERVAL — s — STORM SEWER LINE MINOR CONTOUR INTERVAL — T — TELEPHONE LINE r BUILDING LINE — u — WATER LINE 16220 — w — FIBER -OPTICS LINE PROPERTY LINE SHEET 1 OF 1 DITCH/WATER LINE File Number: 201900021925 Page 1 of 1�I - Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD CITY OF FAYETTEVILLE CITY COUNCIL MEMO JPP r ARKANSAS 2026-3008 MEETING OF SEPTEMBER 15, 2026 TO: Mayor Rawn and City Council THROUGH: Jennifer Walker, Chief of Staff Britin Bostick, Interim Development Services Director Jessica Masters, Planning Director FROM: Citlali Samano, Planner SUBJECT: VAC-2026-0010: Vacation (WEST OF 281 E ROCK ST/AARON RICHARD AND MEGAN- ROSA CALDWELL, 524) Submitted by AARON CALDWELL for WEST OF 281 E ROCK ST in WARD 1. The property is zoned UN, URBAN NEIGHBORHOOD and contains approximately 0.12 acres. The request is to vacate 268.50 square feet of General Utility Easement. RECOMMENDATION: Staff recommends approval of VAC-2026-0010 as shown in the 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 central Fayetteville approximately 100 feet west of the intersection of E. Rock Street and S. Willow Avenue. The subject site is undeveloped and is within the Enduring Green Network. The property is zoned UN, Urban Neighborhood. The easement was originally dedicated in 2019 as a 15-foot electrical easement along the northern frontage of the parcel. Request: The applicant is requesting to partially vacate the electrical easement for the southern portion, a strip of roughly four feet in depth and extending 67.1 feet across the tract, equaling to approximately 268.50 sq ft. DISCUSSION: City staff recommends approval of the requested utility easement vacation. According to the applicant, the easement was dedicated to accommodate an underground electric line that has since been relocated. Vacating the easement would resolve an unbuildable area on the property, facilitating future development of an otherwise vacant, urban lot. 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 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 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2026-3008 AN ORDINANCE TO APPROVE VAC-2026-0010 FOR PROPERTY LOCATED WEST OF 281 EAST ROCK STREET IN WARD 1 TO VACATE 268.50 SQUARE FEET OF GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 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 agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A, the legal description attached as Exhibit B, and the survey attached as Exhibit E to the Planning Division's agenda memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation is subject to the condition that any damage or relocation of any existing facilities will be at the property owner's expense. Page 1 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD City of Fayetteville Staff Review Form 2026-3008 Item ID 9/15/2026 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Britin Bostick 9/1/2026 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2026-0010: Vacation (WEST OF 281 E ROCK ST/AARON RICHARD AND MEGAN-ROSA CALDWELL, 524) Submitted by AARON CALDWELL for WEST OF 281 E ROCK ST in WARD 1. The property is zoned UN, URBAN NEIGHBORHOOD and contains approximately 0.12 acres. The request is to vacate 268.50 square feet of General Utility Easement. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20221130 Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD Petition to Vacate a Portion of a 15-Foot Utility Easement at 275 East Rock Street (Parcel 765-06319-000), Part of Tract "A", Lot 1, Block 2, Hendry's Addition Dear Members of the City Council and Planning Commission, I respectfully submit this letter in support of my application to vacate a portion of the 15- foot utility easement encumbering my property at 275 East Rock Street, described as part of Tract "A" of Lot 1, Block 2, Hendry's Addition to the City of Fayetteville (Parcel 765-06319- 000). This request concerns a single easement: the 15-foot-wide utility easement dedicated across the tract on the 2019 tract -split plat recorded as Film 2019-00021925, shown on that plat as an electric easement. I ask the Council to vacate only the southern portion of that easement, a strip of roughly four feet in depth extending 67.1 feet across the tract, beginning approximately eight feet south of the north property line and running to the south line of the easement. The area is set out precisely in the accompanying survey exhibit prepared by Satterfield Land Surveyors, P.A. (see map and legal description). The northern portion of the easement is not part of this petition and remains in place, as do every other easement, right-of-way, and property line on the tract. The easement was dedicated to accommodate an underground electric line then crossing the tract. That line has since been relocated to the northeast corner of the property, exactly as contemplated by the note on the recorded 2019 survey. No utility facility of any kind remains within the strip proposed for vacation, and each franchise utility has confirmed that it has no objection to its release. What is left in that strip is an easement that burdens ground it no longer serves. It contains no utility, protects no active facility, and advances no public purpose, yet it continues to restrict the buildable area of a modest urban lot and stands in the way of constructing my home. Vacating it takes nothing from the City or its franchise utilities. The corridor along East Rock Street remains protected by the retained northern portion of the easement, which this petition leaves untouched. For these reasons I respectfully request that the Council approve the partial vacation described in the attached exhibit. I appreciate the Council's consideration and am glad to provide any further information the City may require. Respectfully, Aaron R. Caldwell 4261 NE Meadow Creek Cir, APT 101 Fayetteville, AR 72703 913-940-0265 arcaldwell49@gmail.com Docusign Envelope ID: 4119F2C6-911 F-8E7A-8147-A511541 E8EFD PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN Parcel 765-06319 000, Hendry's Addition, Fayetteville, AR, 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, block, subdivision), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: EASEMENT AREA TO BE VACATED Part of Tract "A" of Lot 1, Block 2, Hendry's Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at a point marking the Northwest Corner of said Tract "A", lying on the South Right -of -Way line of East Rock Street; thence along the West line of said Tract "A", South 03°55'46" West, 8.01 feet to the Point of Beginning; thence leaving said West line, South 88°24'25" East, 67.14 feet to a point on the East line of said Tract "A"; thence along the East line of said Tract "A", South 03°55'33" West, 4.08 feet; thence leaving said East line, North 88°00'56" West, 67.12 feet to a point on the West line of said Tract "A"; thence along the West line of said Tract "A", North 03°55'46" East, 3.68 feet to the Point of Beginning. That the abutting real estate affected by said abandonment of the easement are Tract "A" of Lot 1, Block 2, Hendry's Addition (Parcel 765-06319-000), across which the easement lies, and the adjoining Tract "B" of Lot 1, Block 2, Hendry's Addition (Parcel 765-06319-001), abutting to the east, City of Fayetteville, used by the public for a period of many years, 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, 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 alley. Dated this 31 day of July, 2026. Aaron Caldwell Printed Name Aare i ,B caz4".& Signature Megan Rosa -Caldwell Printed Name Signature