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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6291
File Number: 2020-0190
CREEK MEADOWS ACCESS EASEMENT VACATION:
III III IIIIII III III IIII IIII IIIII IIIII IIII I II IIII IIIII II II I IIII III
Doc ID: 019163580005 Type: REL
Kind: ORDINANCE
Recorded: 04/17/2020 at 01:44:03 PM
Fee Amt: $35.00 Page i of 5
Washington County, AR
Kyle Sylvester Circuit Clerk
File2020_00012099
AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE CREEKVIEW MEADOWS
SUBDIVISION
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, a note on the subdivision plat for Legacy Heights Subdivision Phase 1 that was approved by the
City and recorded on April 18, 2007, reflects that a temporary access easement in favor of the City to
allow for temporary cul-de-sacs would be "automatically abandoned at the time of the street extensions
to the north" as development continued in the area; and
WHEREAS, the Easement Deed to the City of Fayetteville for those cul-de-sacs granted "a perpetual
easement for the purpose of constructing, maintaining, repairing and replacing a public street, utility
lines, sidewalks, and/or public drainage"; and
WHEREAS, the street extensions to the north have been constructed (with the appropriate dedication
of right of way) and the developer of Creekview Meadows subdivision, the property north of Legacy
Heights Phase One, has time -sensitive contracts for lots to be developed within portions of the
easements thought to have been automatically abandoned; and
WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to
vacate a public easement need not be presented to the Planning Commission before being submitted to
the City Council as long as the City Council makes certain findings by a vote of at least two -third of its
membership and the Mayor.
Page 1 Printed on 314120
File Number.' 2020-0190
Ordinance 6291
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 finds, pursuant to §
171.06(E)(1) of the Fayetteville Unified Development Code, that the access easement does not contain
any utilities within the areas to be vacated, the street connection to the north has been fully constructed to
City standards including the dedication of sufficient right of way, and the excess property encumbered by
the easement is no longer needed for any municipal purpose.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to §
171.06(E)(2) of the Fayetteville Unified Development Code, that special circumstances exist which require
prompt consideration of the vacation request and justify bypassing the Planning Commission.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates the access easement
as described and shown in Exhibits A, B and C attached to this Ordinance.
Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map, legal
description, and survey attached as Exhibits A, B, and C, shall be filed in the office of the Washington
County Circuit Clerk.
PASSED and APPROVED on 3/3/2020
Attest:
'���i}ttE}�rrfr�r
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Kara Paxton, City Clerk Treasurd : F{q y 7 �� • G
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Page 2 Printed on 314120
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Exhibit B EASEMENT DEED
STATE OF ARKANSAS
COUNTY OF Washington 'KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of ONE DOLLAR ($1.00) and other valuable
considerations to the undersigned; Carl Walker, (hereiniStyled Grantor) paid, the receipt of
which is hereby acknowledged, the said Grantor does hereby GRANT, BARGAIN, SELL, and
CONVEY unto the City of Fayetieville, Arkansas, a municipal corporation (herein styled
Grantee), its successors and assigns, a perpetual easement for the purpose of constructing,
maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public
drainage, to wit:
LEGAL DESCRIPTION
Part of the SW V4, SW '/4, of Section 11, T16N, R31 W in Washington County,
Arkansas and being described as follows; Commencing at the SW Comer of. said Section
11 thence N89°49'2I"E It 6.91 feet to the POB, thence N00°10'39"W 105.04 feet,
thence N89°49'2I'S 100.00 feet, thence S00°1019"E 105.04 feet, thence S89°49'21"W
100.00 feet to the POB, Containing 10,504 sq. ft.
AND ALSO
Commencing at the SW Corner of said Section 11 thence N89°4921"E 446.92
feet to the POB thence N00010'39"W 105.04 feet, thence N89°49'21-"E 100.00 feet,
thence S00°10'39"E 105.04 feet, thence S89049'21"W 100.00 feet to the POB,
Containing 10,504 sq. ft.
TO HAVE and TO HOLD said premises unto said Grantee, its successors and assigns
forever for the uses and purposes hereinabove described:
WITNESS the execution hereof this the day of 20_
ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF Washington BE IT REMEMBERED:
That on this date, before the undersigned, a Notary Public within and
,for
jsaid .County
and State, duly commissioned and acting personally appeared
and further states and acknowledged that he had so signed, executed and delievered said
instruments for the consideration, uses and purposes therein mentioned and set forth.
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Washington County, AR
I certify this instrument was filed on
04/17/2020 01:44:03 PM
and recorded in Real Estate
File Number 2020-00012099
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
f ` Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0190
Agenda Date: 3/3/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
CREEK MEADOWS ACCESS EASEMENT VACATION:
AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE CREEKVIEW
MEADOWS SUBDIVISION
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, a note on the subdivision plat for Legacy Heights Subdivision Phase 1 that was approved by the
City and recorded on April 18, 2007, reflects that a temporary access easement in favor of the City to allow
for temporary cul-de-sacs would be "automatically abandoned at the time of the street extensions to the north"
as development continued in the area; and
WHEREAS, the Easement Deed to the City of Fayetteville for those cul-de-sacs granted "a perpetual
easement for the purpose of constructing, maintaining, repairing and replacing a public street, utility lines,
sidewalks, and/or public drainage"; and
WHEREAS, the street extensions to the north have been constructed (with the appropriate dedication of right
of way) and the developer of Creekview Meadows subdivision, the property north of Legacy Heights Phase
One, has time -sensitive contracts for lots to be developed within portions of the easements thought to have
been automatically abandoned; and
WHEREAS, pursuant to Section 171.06(E) of the Fayetteville Unified Development Code a request to vacate
a public easement need not be presented to the Planning Commission before being submitted to the City
Council as long as the City Council makes certain findings by a vote of at least two -third of its membership and
the Mayor.
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 finds, pursuant to § 171.06(E)(1)
of the Fayetteville Unified Development Code, that the access easement does not contain any utilities within the
areas to be vacated, the street connection to the north has been fully constructed to City standards including the
dedication of sufficient right of way, and the excess property encumbered by the easement is no longer needed
City of Fayetteville, Arkansas Page f Printed on 31*2020
File Number. 2020-0190
for any municipal purpose.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby finds, pursuant to § 171.06(E)(2)
of the Fayetteville Unified Development Code, that special circumstances exist which require prompt
consideration of the vacation request and justify bypassing the Planning Commission.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby vacates the access easement as
described and shown in Exhibits A, B and C attached to this Ordinance.
Section 4: A copy of this Ordinance duly certified by the City Clerk, along with the map, legal description, and
survey attached as Exhibits A, B, and C, shall be filed in the office of the Washington County Circuit Clerk.
City of Fayetteville, Arkansas Page 2 Printed on 31412020
C. 4
AGENDA SESSION WALK ON 02/25/2020
Legistar ID No.:
ULX
AGENDA REQUEST FORM
FOR: Council Meeting of March 3, 2020
FROM: Council Member Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO VACATE TWO ACCESS EASEMENTS WITHIN THE
CREEKVIEW MEADOWS SUBDIVISION
APPROVED FOR AGENDA:
Member
Matthew Petty '
Assistant City Attorney Blake Pennington
Approved as to form
Date
ZVzw zp
Date
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 3, 2020
TO: Mayor; Fayetteville City Council
FROM: Jonathan Curth, Development Review Manager
DATE: March 3, 2020
CITY COUNCIL MEMO
SUBJECT: Vacation (N OF SABINE PASS RD. & DREWRYS BLUFF RD./LEGACY
HEIGHTS, 436). The properties are zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE and contain approximately 0.48 acres. The request
is to vacate two access easements.
RECOMMENDATION:
Staff recommends approval of a vacation of the two access easements shown in the attached
Exhibits 'A', `B', and 'C'.
BACKGROUND:
The subject property includes a portion of multiple lots and public right-of-way within the recently -
platted Creekview Meadows subdivision. To the south of Creekview Meadows, Legacy Heights
Phase I was platted in 2007. As a part of Legacy Heights Ph. I, two street stub -outs to the north
were provided at the north end of Sabine Pass and Drewry's Bluff roads for future connectivity.
Beyond the end of these street stub -outs, gravel turnarounds within access easements were
required to accommodate large City vehicles. Although intended to be dedicated temporarily, both
easements were dedicated to the City of Fayetteville in perpetuity. Following connection of Sabine
Pass and Drewry's Bluff to the Creekview Meadows Subdivision, the purpose of the turnarounds
was eliminated.
Proposal: The applicant proposes to vacate the two existing access easements, located along
Sabine Pass and Drewry's Bluff, between the Creekview Meadows and Legacy Heights Ph. I
subdivisions.
DISCUSSION:
The request was not heard by the Planning Commission and is proposed as a walk-on item for
the March 3rd City Council meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Exhibit C
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
VACATION
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Exhibit BEASEMENT DEED
STATE OF ARKANSAS
COUNTY OF Washington KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of ONE DOLLAR ($1.00) and other valuable
considerations to the undersigned; Carl Walker , (herein; Styled Grantor) paid, the receipt of
which is hereby acknowledged, the said Grantor does hereby GRANT, BARGAIN, SELL, and
CONVEY unto the City of Favetteville, Arkansas, a mupicipal corporation (herein styled
Grantee), its successors and assigns, a perpetual easemett for the purpose of constructing,
maintaining, repairing and replacing a public street, utility lines, sidewalks, and/or public
drainage, to wit:
LEGAL DESCRIPTION
Part of the SW V4, SW'/4, of Section 11, T16N, R31 W in Washington County,
Arkansas and being described as follows; Commencing at the SW Corner of said Section
11 thence N89°49'21"E 116.91 feet to the POB, thence N00°10'39"W 105.04 feet,
thence N89°49'21"E 100.00 feet, thence S00°10'39"E 105.04 feet, thence S89049'21"W
100.00 feet to the POB, Containing 10,504 sq, ft.
AND ALSO
Commencing at the SW Corner of said Section 11 thence N89°49'21 "E 446.92
feet to the POB thence N00°10'39"W 105.04 feet, thence N89049'21"E 100.00 feet,
thence S00°I0'39"E 105.04 feet, thence S89°49'21"W 100.00 feet to the POB,
Containing 10,504 sq. ft.
TO HAVE and TO HOLD said premises unto said Grantee, its successors and assigns
forever for the uses and purposes hereinabove described.
WITNESS the execution hereof this the day of 20_
.r
ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF Washington BE IT REMEMBERED:
That on this date, before the undersigned, a Notary Public within and rfor
1said
nCounty
and State, duly commissioned and acting personally appeared
and further states and acknowledged that he had so signed, executed and delievered said
instruments for the consideration, uses and purposes therein mentioned and set forth.
WITNE!
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00 JORGENSEN
/—►� ASSOCIATES
A Civil Engineering -+ Sltiveymy
February 21, 2020
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Blake Pennington, Assistant City Attorney
Re: Final Plat for Creekview Subdivision
Dear Mr. Pennington;
124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
Fax: 479,582 4807
www iorgensenassoc com
Please accept this request to officially vacate an access easement located on the Final Plat of Legacy
Heights Subdivision Phase 1(File #0023-00000285) as well as on easement document #2005-000563666. When
our firm platted Legacy Heights Subdivision, the city requested that we file an easement that was supposed to
be a temporary access easement and abandoned upon future street extension and to be noted on the Final plat
(Note 5 located in the middle top portion of the recorded plat). It is apparent that the intent was to allow there
to be a temporary easement that would expire upon street extension. The streets associated with the Creekview
Subdivision are now installed and as per the original Final Plat, the temporary access easement should be
abandoned. However, we'd like to officially rectify the ambiguity within the language of the easement document
and request that the City Council vacate this easement.
We thank you for your consideration and please call with any questions.
Sincerely;
akei gensen
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting
Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed
and published in Washington County and Benton County, Arkansas,
and of bona fide circulation, that from my own personal knowledge
and reference to the files of said publication, the advertisement of -
City of Fayetteville -Clerks Office
Ord 6291
Was inserted in the Regular Edition on:
March 12, 2020
Publication Charges: $176.80
Bill � _SA
Brittany Smith
Subscribed and sworn to before me
This day of '(�, 2020.
&i-VVnca,5�
Notary Public
My Commission Expi
:'S`.•"' k CATHERINE
TAGGS
"°*^A `:,: PAY COMMISSION ti 12402772 �e
"aka sP: EXPIRES: February 28, 2p25
Washington County
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance 6291
File Number: 2020-0190
CREEK MEADOWS ACCESS EASEMENI
VACATION.
AN ORDINANCE TO VACATE TWO
ACCESS EASEMENTS WITHIN THE
CREEKVIEW MEADOWS SUBDIVISION
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, a note on the subdivision plat for
Legacy Heights Subdivision Phase I that was
approved by the City and recorded on April
18, 2007, reflects that a temporary access
easement in favor of the City to allow for
temporary cul-de-sacs would be
"automatically abandoned at the time of the
street extensions to the north" as development
continued in the area, and
WHEREAS, the Easement Deed to the City
of Fayetteville for those cul-de-sacs granted "a
perpetual easement for the purpose of
constructing, maintaining, repairing and
replacing a public street, utility lines,
sidewalks, and/or public drainage% and
WHEREAS, the street extensions to the north
have been constructed (with the appropriate
dedication of right of way) and the developer
of Creekview Meadows subdivision, the
property north of Legacy Heights Phase One,
has time -sensitive contracts for lots to be
developed within portions of the easements
thought to have been automatically
abandoned'and
WHEREAS, pursuant to Section 171.06(E) of
the Fayetteville Unified Development Code a
request to vacate a public casement need not
be presented to the Planning Commission
before being submitted to the City Council as
long as the City Council makes certain
findings by a vote of at least two -third of its
membership and the Mayor.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section I: That the City Council of the City of
Fayetteville, Arkansas hereby finds, pursuant
to § 171.06(EX 1) of the Fayetteville Unified
Development Cade, that the access easement
does not contain any utilities within the areas
to be vacated, the street connection to the
north has been fully constructed to City
standards including the dedication of sufficient
right of way, and the excess property
encumbered by the easement is no longer
needed for any municipal purpose
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby finds, pursuant
to § 171.06(EX2) of the Fayetteville Unified
Development Code, that special circumstances
exist which require prompt consideration of
the vacation request and justify bypassing the
Planning Commission.
Section 3: That the City Council of the City of
Fayetteville, Arkansas hereby vacates the
access easement as described and shown in
Exhibits A, B and C attached to this
Ordinance.
Section 4: A copy of this Ordinance duly
certified by the City Clerk, along with the
map, legal description, and survey attached as
Exhibits A, B, and C, shall be filed in the
office of the Washington County Circuit
Clerk.
PASSED and APPROVED on 3/3/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75244444 Mar 12,2020
