HomeMy WebLinkAboutOrdinance 6338i .—�, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII
Doc ID: 019351630005 Type: REL
Kind: ORDINANCE yP
Recorded: 08/03/2020 at 01:27:30 PM
+` Fee Amt: $35.00 Page i of 5
Washington County, AR
Kyle Sylvester Circuit Clerk
File
2020-00026461
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6338
File Number: 2020-0535
VAC 20-7095 (900 N. LEVERETT AVE./LEVERETT AVE. APTS):
AN ORDINANCE TO APPROVE VAC 20-7095 FOR PROPERTY LOCATED AT 900 NORTH
LEVERETT AVENUE TO VACATE PORTIONS OF TWO WATER/SEWER EASEMENTS
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 portions of water/sewer
are 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 portions of
the water/sewer easements 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 shall not be effective until the proposed re-routed 8 inch sewer main is
installed and approved.
PASSED and APPROVED on 7/21/2020
Page 1 Printed on 7122120
Ordinance 6338
File Number 2020-0535
Approved:'- , /ill /
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VAC20-7095 LEVERETT APTS.
Close Up View
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Subject Property
RMF-40
Legend
Planning Area
_ _ " Feet
t Fayetteville City Limits
Y Y
Shared Use Paved Trail 0 75 150 300 450
Building Footprint 1 inch = 200 feet
EXHIBIT 'A'
20-7095
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NORTH
RMF-24
RMF-40
1-1 Heavy Commercial and Light Industrial
Residential -Office
C-1
■ C-2
Community Services
600 W Neighborhood Conservation
Commercal, Industrial, Residential
EXHIBIT 'B'
20-7095
PARCEL #765-06437-000:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND
ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS S02°45'24"W 664.22' AND
S87031'06"E 20.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND
RUNNING THENCE N0202913"E 163.85' TO AN EXISTING REBAR, THENCE S87009'53"E
399.86' TO AN EXISTING COTTON SPINDLE, THENCE N15°41'37" W 231.99', THENCE
N14039'37" W 251.04' TO AN EXISTING REBAR, THENCE S86059'27"E 34.85', THENCE
S 11056'03"E 166.55' TO AN EXISTING REBAR, THENCE S87° 17'03"E 188.91' TO AN
EXISTING REBAR ON THE WEST BANK OF SKULL CREEK, THENCE ALONG SAID WEST
BANK THE FOLLOWING: S 13°07' 19"E 29.95', S 14°07'38"E 87.45', S 19043'09"E 81.50',
S 12°43'55"E 177.42' TO AN EXISTING REBAR, S06025'56"E 105.64' TO AN EXISTING REBAR,
THENCE S06025'56"E 104.30', THENCE S07015'24"E 105.92' TO AN EXISTING REBAR,
THENCE LEAVING SAID WEST BANK S8605945"W 155.93', THENCE S02°49'49"E 237.97,
THENCE N87029' 11 "W 233.01', THENCE NO2°47' 19"E 114.90', THENCE N87029' 11 "W 193.00',
THENCE N02047'19"E 118.69, THENCE S8702644"E 36.06', THENCE N0204711911E 230.00, TO
AN EXISTING REBAR, THENCE N87031'06"W 158.52' TO THE POINT OF BEGINNING,
CONTAINING 8.26 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST
NORTH STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE, SUBJECT
TO THAT PORTION IN NORTH LEVERETT AVENUE MASTER STREET PLAN RIGHT-OF-
WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL
OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF 20' AND 16' SEWER EASEMENT TO BE VACATED DESCRIPTION:
A PORTION OF AN EXISTING 29 AND 16' SEWER EASEMENT TO BE VACATED WHICH IS
LOCATED IN A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE
NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG
THE WEST LINE THEREOF S02045'24"W 664.22', THENCE LEAVING SAID WEST LINE
S87031'06"E 20.00' TO AN EXISTING REBAR, THENCE NO2°20' 13"E 163.85' TO AN EXISTING
REBAR, THENCE S87°09'53"E 399.86TO AN EXISTING COTTON SPINDLE, THENCE
N89046'15"E 62.21' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE
N02015'27"W 66.89', THENCE N01 °29' 16"W 229.17', THENCE S87017'03"E 21.06', THENCE
S01 029' 16"E 227.49', THENCE S02015'27"E 62.77', THENCE S77001'47"W 21.37' TO THE POINT
OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS.
Washington County. AR
I certify this insrument was filed on
08/()3/2020 01t�27i'30 PM
Real Estate
and recorded in
V,
File Number 2020 -00026461
Kyle Sylvester - Circuit Clerk
by
-� City of Fayetteville, Arkansas 113 West Mountain Street
i Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0535
Agenda Date: 7/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 11
VAC 20-7095 (900 N. LEVERETT AVE./LEVERETT AVE. APTS):
AN ORDINANCE TO APPROVE VAC 20-7095 FOR PROPERTY LOCATED AT 900 NORTH
LEVERETT AVENUE TO VACATE PORTIONS OF TWO WATER/SEWER EASEMENTS
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 portions of water/sewer are 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 portions of the
water/sewer easements 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 shall not be effective until the proposed re-routed 8 inch sewer main is installed and
approved.
City of Fayetteville, Arkansas Page 1 Printed on 712212020
City of Fayetteville Staff Review Form
2020-0535
Legistar File ID
7/21/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 7/2/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC 20-7095: Vacation (900 N. LEVERETT AVE./LEVERETT AVE. APTS., 444): Submitted by BATES & ASSOCIATES, INC.
for property located at 900 N. LEVERETT AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS
PER ACRE and contains approximately 0.14 acres. The request is to vacate a portion of a sewer easement.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 21, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Harry Davis, Current Planner
DATE: July 2, 2020
CITY COUNCIL MEMO
SUBJECT: VAC 20-7095: Vacation (900 N. LEVERETT AVE./LEVERETT AVE. APTS.,
444): Submitted by BATES & ASSOCIATES, INC. for property located at 900 N.
LEVERETT AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY,
40 UNITS PER ACRE and contains approximately 0.14 acres. The request is to
vacate a portion of a sewer easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 20-7095 as shown in the attached
Exhibits 'A' and 'B' and with the following conditions of approval:
1. The proposed re-routed 8-inch main must be installed and approved prior to the vacation
of this easement.
BACKGROUND:
The subject property is at 900 North Leverett Avenue and includes approximately 8.28 acres
between North Street, Leverett Avenue, and Bell Avenue. The property is currently developed
with several multi -family buildings and has part of the Razorback Greenway along the eastern
boundary. The applicant proposes to vacate a portion of an existing water and sewer easement
that runs north -south through much of the subject property (see Exhibit 'A'). The area to be
vacated in the northern part of the property totals approximately 0.14 acres and is necessary to
facilitate infill development associated with an approved large scale development (LSD 20-7065).
DISCUSSION:
At the June 22, 2020 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval, with the conditions as
recommended by staff. The request was tabled at the June 8, 2020 Planning Commission meeting
to allow staff time to evaluate impacts on existing public mains. The Engineering and Utilities
Department now support the requested vacation of this water/sewer easement. The sewer model
provided by RJN does not show significant impacts to the 15- and 18-inch mains with the
proposed re-route of the existing 8-inch main.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC2O-7095
Close Up View
— HAZEL- S T—
LEVERETT APTS.
EXHIBIT W
20-7095
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Subject Property
Legend
Planning Area
1 _ _ _
' Fayetteville City Limits Feet
Y Y
Shared Use Paved Trail 0 75 150 300 450
Building Footprint 1 inch = 200 feet
R,NIF-24 �
JADAMS ST
Ll
LL
RMF-24
RMF-40
1-1 Heavy Commercial and Light Industrial
Residential -Office
C-1
IM C-2
Community Services
600 M Neighborhood Conservation
M Commercial, Industrial, Residential
EXHIBIT 'B'
20-7095
PARCEL #765-06437-000:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND
ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS S02°45'24"W 664.22' AND
S87031'06"E 20.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND
RUNNING THENCE N0202913"E 163.85' TO AN EXISTING REBAR, THENCE S87009'53"E
399.86TO AN EXISTING COTTON SPINDLE, THENCE N15°41'37" W 231.99', THENCE
N14039'37" W 251.04' TO AN EXISTING REBAR, THENCE S86059'27"E 34.85', THENCE
S 11 056'03"E 166.55' TO AN EXISTING REBAR, THENCE S87° 17'03"E 188.91' TO AN
EXISTING REBAR ON THE WEST BANK OF SKULL CREEK, THENCE ALONG SAID WEST
BANK THE FOLLOWING: S 13°07' 19"E 29.95', S 14007'38"E 87.45', S 19°43'09"E 81.50',
S 12043'55"E 177AT TO AN EXISTING REBAR, S06025'56"E 105.64' TO AN EXISTING REBAR,
THENCE S06025'56"E 104.301, THENCE S07015'24"E 105.92' TO AN EXISTING REBAR,
THENCE LEAVING SAID WEST BANK S8605945"W 155.93', THENCE S0204949"E 237.97',
THENCE N87029' I 1 "W 233.01', THENCE N02047' 19"E 114.90', THENCE N87029' 11 "W 193.00',
THENCE N02047'19"E 118.69, THENCE S87026'44"E 36.06', THENCE NO2°47'19"E 230.00' TO
AN EXISTING REBAR, THENCE N87031'06"W 158.52' TO THE POINT OF BEGINNING,
CONTAINING 8.26 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST
NORTH STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE, SUBJECT
TO THAT PORTION IN NORTH LEVERETT AVENUE MASTER STREET PLAN RIGHT-OF-
WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL
OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF 29 AND 16' SEWER EASEMENT TO BE VACATED DESCRIPTION:
A PORTION OF AN EXISTING 29 AND 16' SEWER EASEMENT TO BE VACATED WHICH IS
LOCATED IN A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE
NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG
THE WEST LINE THEREOF S02045'24"W 664.22', THENCE LEAVING SAID WEST LINE
S87031'06"E 20.00' TO AN EXISTING REBAR, THENCE NO2°20' 13"E 163.85' TO AN EXISTING
REBAR, THENCE S87009'53"E 399.86' TO AN EXISTING COTTON SPINDLE, THENCE
N89046' 15"E 62.2l' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE
N02015'27"W 66.89', THENCE N01 °29' 16"W 229.1 T, THENCE S87017'03"E 21.06', THENCE
S01 °29' 16"E 227.49', THENCE S02015'27"E 62.77', THENCE S77°01'47"W 21.37TO THE POINT
OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Harry Davis, Planner
MEETING DATE: June 22, 2020 UPDATED W PC RESULTS
SUBJECT: VAC 20-7095: Vacation (900 N. LEVERETT AVE./LEVERETT AVE.
APTS., 444): Submitted by BATES & ASSOCIATES, INC. for property
located at 900 N. LEVERETT AVE. The property is zoned RMF-40,
RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains
approximately 1.53 acres. The request is to vacate a portion of a sewer
easement.
RECOMMENDATION:
Staff recommends forwarding VAC 20-7095 to City Council recommending approval with
conditions.
RECOMMENDED MOTION:
"I move to forward VAC 20-7095 to City Council recommending approval with conditions as
recommended by staff."
June 22-1 Planning Commission Meeting:
At the June 8th Planning Commission meeting, this item was heard and tabled by the
Commission to allow the applicant time to meet Enaineerino and Utilities reauirements for the
proposed sewer main relocation. For the June 22Dd meeting, the applicant has provided an
updated study to Engineering and Utilities. Staff is able to recommend in favor of the proposed
relocation of the sewer main with the condition that the re-routed 8-inch main must be installed
and approved prior to the vacation of this easement.
BACKGROUND:
The subject property is at 900 North Leverett Avenue and includes approximately 8.28 acres
between North Street, Leverett Avenue, and Bell Avenue. The property is currently developed
with several multi -family buildings and has part of the Razorback Greenway along the eastern
boundary. Surrounding land use and zoning is depicted in Table 1.
Table 1:
Rnrrminriinn I nnri 11— nnr1 7nni—
Direction
Land Use
Zoning
Commercial, Multi -family, Recycling
RMF-40, Residential Multi -family, 40 Units per Acre;
North
Center
C-1, Neighborhood Commercial; R-O, Residential
Office
South
Commercial, Multi -family, Single-family
RMF-40, Residential Multi -family, 40 Units per Acre,
C-1, Neighborhood Commercial
RMF-40, Residential Multi -family, 40 Units per Acre,
West
Commercial, Multi -family, Single-family
C-1, Neighborhood Commercial, R-O, Residential
Office
East
Razorback Greenway, Commercial,
RMF-40, Residential Multi -family, 40 Units per Acre,
Scull Creek
CS, Community Services; I-PZD
Proposal: The applicant proposes to vacate a portion of an existing water and sewer easement
that runs north -south through much of the subject property (see applicant's exhibit). The area to
be vacated in the northern part of the property totals approximately 1.53 acres and is necessary
to facilitate infill development for more multi -family units (LSD 20-7065).
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses:
Utility Response
Cox Communications N/A
AEP/SWEPCO N/A
BlackHills Energy AR N/A
AT&T N/A
Ozarks Electric N/A
City of Fayetteville Response
Water/Sewer The Engineering and Utility Divisions support the requested
vacation of this water/sewer easement. The sewer model
provided by RJN does not show significant impacts to the 15/18"
mains with the proposed re-route of the existing 8" main.
The proposed re-routed 8-inch main must be installed and
approved prior to the vacation of this easement.
Solid Waste & Recycling N/A
Transportation N/A
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 20-7095 to City Council
recommending approval with conditions.
G:\ETC\Development Services Review\2020\Development Services\20-7095 VAC 900 N.
Leverett Ave. (Leverett Ave. Apts) 444\
Conditions of Approval:
1. The proposed re-routed 8" main must be installed and approved prior to the vacation of
this easement.
PLANNING COMMISSION ACTION: Required YES
Date: June 22, 2020 O Tabled a Forwarded O Denied
Motion: Belden Motion to forward recommending approval, as a part of
consent agenda
Second: Winston
VMotion passes
ote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Enaineerina and Utilities memo
• Request Letter
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
G:\ETC\Development Services Review\2020\Development Services\20-7095 VAC 900 N.
Leverett Ave. (Leverett Ave. Apts) 444\
CITY OF
FAYETTEVILLE
ARKANSAS
To: Harry Davis, Planner
From: Josh Boccaccio, Staff Engineer
Corey Granderson, Utilities Engineer
Date: June 16, 2020
Subject: Planning Commission Engineering Comments for VAC 20-7095
STAFF MEMO
The Engineering and Utility Divisions support the requested vacation of this water/sewer
easement. The sewer model provided by RJN does not show significant impacts to the 15/18"
mains with the proposed re-route of the existing 8" main.
The proposed re-routed 8" main must be installed and approved prior to the vacation of this
easement.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
l
Bates r J
Associates,inc.
Civil Engineering • Land Surveying • Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704
PH: 479-442-9350' FAX: 479-521-9350
www.nwabatesinc.com
April 15, 2020
To the City of Fayetteville Planning Commission & City Council:
Our clients South CS Apartments LLC and MT Kirby Investments LLC are proposing to
vacate a portion of an existing sewer easement running through there property located at 900
N. Leverette Avenue.
The purpose for this request is that our clients are proposing to do a large-scale project on the
property, and they are needing to abandon a portion of an existing 8" sewer main running
through the property. The subject easements are a 16' Sewer Easement filed in book 520 at
page 429 and a 20' Sewer Easement filed in book 2006 at page 29247.
A new manhole will be placed on the property and a new sewer line will be constructed to tie
the portion of remaining 8" sewer line to an existing 18" sewer line running along the east side
of the property.
If you have any questions, comments, or concerns please do not hesitate to give me a call.
Thank you,
Andy Hooper
Bates & Associates
andy(cbbatesnwa.com
479-442-9350
DocuSign Envelope ID: 93FEC4FF-D2A9-4CAC-B87E-6729E4A84573
PETITION
PETITION TO VACATE AN EASEMENT LOCATED AT 900 NORTH LEVERETT AVENUE,
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 easements hereinafter sought to
be abandoned and vacated, lying at 900 N. Leverett Avenue, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
A PORTION OF AN EXISTING 20' AND 16SEWER EASEMENT TO BE VACATED WHICH IS
LOCATED IN A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -
WIT: COMMENCING FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND
RUNNING THENCE ALONG THE WEST LINE THEREOF S02045'24"W 664.22', THENCE
LEAVING SAID WEST LINE S87031'06"E 20.00' TO AN EXISTING REBAR, THENCE NO2°20'13"E
163.85' TO AN EXISTING REBAR, THENCE S87°09'53"E 399.86TO AN EXISTING COTTON
SPINDLE, THENCE N89°46'15"E 62.2P TO THE TRUE POINT OF BEGINNING AND RUNNING
THENCE N02015'27"W 66.89', THENCE N01029'16"W 229.17', THENCE S87017'03"E 21.06',
THENCE S01029'16"E 227.49', THENCE S02°15'27"E 62.77', THENCE S77°01'47"W 21.37' TO THE
POINT OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easement located in the 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 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 approve 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 of said real estate sought to 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.
Dates this day of , 2020. 4/8/2020
T.J. Lefler
Print Name
DocuWgnod by:
DC7755091BC645A..
Signature
PARTIAL SEWER EASEMENT VACATION EXHIBT
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P.G. BQX i6C ,=AVET 7E`:iLLLE. AR, 7e102 • As2.17000 • FAX: 479-695.1118 Y:ADG.CCOW
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6338
Was inserted in the Regular Edition on:
July 26, 2020
Publication Charges: $97.28
Brittany Smith
Subscribed and worn to before me
This 2q day o 020.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
EXY .N:� r�n9
Ordinance! 6338
File Number: 2020-0535
VAC 20-7095 (900 N. LEVERETT
AVE./LEVERETT AVE. APTS):
AN ORDINANCE TO APPROVE VAC
20-7095 FOR PROPERTY LOCATED
AT 900 NORTH LEVERETT AVENUE
TO VACATE PORTIONS OF TWO
WATER/SEWER EASEMENTS
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
portions of water/sewer are 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 portions of the water/sewer
easements 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 shall not be
effective until the proposed re-routed 8
inch sewer main is installed and
approved.
PASSED and APPROVED on
721 /2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75298986 72620