HomeMy WebLinkAboutOrdinance 6371I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIII IIII
Doc ID: 019543290005 Type: REL
Kind: ORDINANCE
Recorded: 00 $3531/10/2020 at 10:33:22 AM
1 Fee Amt: .Paqe i of 5
Washington County, AR
Kyle Sylvester Circuit Clerk
File2020-00041239
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6371 ARCHIVED
File Number: 2020-0816
VAC-2020-003 (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR PROPERTIES):
AN ORDINANCE TO APPROVE VAC 20-003 FOR PROPERTY LOCATED SOUTHEAST OF
RAZORBACK ROAD AND 15TH STREET TO VACATE A PORTION OF A WATER AND
SEWER 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 water and sewer
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
water and sewer 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 following conditions:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. The owner shall dedicate a general utility easement at least 10 feet in width along the path
Page 1
Printed on 10121120
Ordinance: 6371
File Number. 2020-0816
of the proposed, realigned water line.
PASSED and APPROVED on 10/20/2020
Attest: IK R
rn
Kara Paxton CityClerk Treasu r % FAYE�Evltt
rrr E .
ii"iG /ON ; O�,N``s�
Page 2 Printed on 10121120
VAC-2020-000003 Titan RBR Properties VAC-2020-000003
Close up view EXHIBIT 'A'
,
----------_
1;
ER
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
,
,
,
,
15TH ST
0
Subject Property
Feet
0 75 150 300 450
1 inch = 200 feet
RMF-24
I-1 Heavy Commercial and Light Industrial
1-2 General Industrial
C-2
Urban Thoroughfare
■ Neighborhood Services - Ltd.
600 Neighborhood Services - Gen.
P-1
� A01KI -11411101IN
IIWAN14k0*A
Bates
Assoc - ia - tes,l--nc.
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
August 18, 2020
RE: Legal Descriptions for Partial Water Easement Vacation
SURVEY DESCRIPTIONS:
PARCEL #765-14877-011:
A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN
EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI
RAILROAD WHICH IS N87008'58"W 118.84' FROM THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE
N87008'58"W 155.8F TO THE EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE
ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°25'52"E 170.19, TO AN EXISTING
NAIL, N31°27'23"E 153.97, N18-28'12"E 149.88' TO AN EXISTING NAIL, NOI°00'49"W 106.14'
TO AN EXISTING NAIL, N18-22'41"E 256.92' TO AN EXISTING NAIL, N20°27'06"E 150.49' TO
AN EXISTING NAIL, N08°48'12"E 105.83'TO AN EXISTING NAIL, N04°21'39"E 73.60' TO AN
EXISTING NAIL, NO2°53'05"E 90.53', N44°05'17"E 60.80' TO AN EXISTING NAIL ON THE
SOUTH RIGHT-OF-WAY OF 15TH STREET, THENCE ALONG SAID RIGHT-OF-WAY
S86045'23"E 76.99' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF
ARKANSAS & MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING: ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79, FOR A
CHORD BEARING AND DISTANCE OF S 14°52'49"W 821.02' TO AN EXISTING REBAR,
N79028'17W 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE OF S08032'44"W 457.49' TO
THE POINT OF BEGINNING, CONTAINING 2.28 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF WATER EASEMENT VACATION DESCRIPTION:
A PORTION OF A 15 FOOT WIDE WATER EASEMENT TO BE VACATED WHICH IS
LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING FROM AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE N87008'58"W 118.84' TO AN
EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE
OF N0803244"E 457.49' TO AN EXISTING REBAR, S79028'I7"E 24.84' TO AN EXISTING
REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5357.79' FOR A CHORD
BEARING AND DISTANCE OF N I 1 °40'04"E 220.99' TO THE TRUE POINT OF BEGINNING
AND RUNNING THENCE LEAVING SAID RIGHT-OF-WAY N03011'33"E 252.08' TO EAST
RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-WAY
N20027'06"E 18.87', THENCE LEAVING SAID RIGHT-OF-WAY N08°48'12"E 96.14' THENCE
S03011'33"W 281.69' TO THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF S13°18'22"W
85.42' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS.-
County, AR
WashingtonCounty,
was filed on
i certify this instfurnen
I 0�3322 AM
j1/10/,1_020 1 Estate
and recordedinPea 412'39
File Number 2020-.00()t clefK
Kyle Sylvester CIfcU.I
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
r (479) 575-8323
1111 Text File
File Number: 2020-0816
Agenda Date: 10120/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.5
VAC-2020-003 (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR PROPERTIES):
AN ORDINANCE TO APPROVE VAC 20-003 FOR PROPERTY LOCATED SOUTHEAST OF
RAZORBACK ROAD AND 15TH STREET TO VACATE A PORTION OF A WATER AND SEWER
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 water and sewer
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 water and
sewer 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 following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. The owner shall dedicate a general utility easement at least 10 feet in width along the path of the
proposed, realigned water line.
City of Fayetteville, Arkansas Page 1 Printed on 1012112020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0816
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/2/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
VAC 2020-000003: Vacation (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR PROPERTIES,599): Submitted by BATES &
ASSOCIATES, INC. for property located SE OF RAZORBACK RD. & 15TH ST. The property is zoned RMF-24, RESIDENTIAL
MULTI FAMILY, 24 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES, GENERAL, & UT, URBAN THOROUGHFARE and
contains approximately 2.28 acres. The request is to vacate a 0.09 acre portion of a water & sewer easement.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Fund
Project Title
I
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
Q FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor, Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: October 2, 2020
CITY COUNCIL MEMO
SUBJECT: VAC 2020-000003: Vacation (SE OF RAZORBACK RD. & 15TH ST.ITITAN RBR
PROPERTIES,599): Submitted by BATES & ASSOCIATES, INC. for property
located SE OF RAZORBACK RD. & 15TH ST. The property is zoned RMF-24,
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, NS-G, NEIGHBORHOOD
SERVICES, GENERAL, & UT, URBAN THOROUGHFARE and contains
approximately 2.28 acres. The request is to vacate a 0.09 acre portion of a water.
& sewer easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2020-000003 as shown in the
attached Exhibits 'A' and 'B' and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense; and
2. Dedication of utility easement along the path of the proposed, realigned water line to a
minimum of 10 feet, up to a property line.
BACKGROUND:
The subject property includes an existing water and sewer easement within the larger lot on the
southeast corner of Razorback Road and 15`h Street. The overall property is exceptionally narrow,
ranging from approximately 45 feet to 161 feet in depth between Razorback Road and railroad
right-of-way to the east. The Town Branch riparian corridor bisect the property from east to west
which includes areas of floodway, floodplain, and streamside protection zone. A large scale
development for 34 dwelling units was approved on the property by the Planning Commission in
February of 2020.
DISCUSSION:
At the September 28, 2020 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval and the conditions as
recommended by staff. Although a recent ordinance change directs easement vacation requests
directly to the City Council, public notification was made for the Planning Commission prior to
enactment of the legislation. Accordingly, it was placed on the September 28, 2020 Planning
Commission agenda.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
VAC-2020-000003 Titan R B R Properties VAC-2020-000003
Close up view EXHIBIT 'A'
-,
I
15TH ST
I
1
I
I
I
I
I
UT I
CROWNE�DR
,
, p
r �
O
RMF-24 r
r
,
� �
R
d Subject Property
R1CHN►ONr,
r
r
r
r
r
,
,
NS-G
NORTH
Legend RMF-24
I-1 Heavy Commercial and Light Industrial
Planning Area1-2 C2Geneallndustral
t ' Fa etteville City Limits Feet ■■ Urban Thoroughfare
y y Neighborhood Services - Ltd.
Trail (Proposed) 0 75 150 300 450 600 Neighbonccod Services - Gen
P-1
Building Footprint 1 inch = 200 feet
VAC-2020-000003
EXHIBIT 'B'
��<i
Bates�t .
Associa-i-es,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
August 18, 2020
RE: Legal Descriptions for Partial Water Easement Vacation
SURVEY DESCRIPTIONS:
PARCEL #765-14877-01 l:
A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN
EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI
RAILROAD WHICH IS N87008'58"W 118.84' FROM THE SOUTHEAST CORNER OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE
N87008'58"W 155.81' TO THE EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE
ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°25'52"E 170.19' TO AN EXISTING
NAIL, N31027'23"E 153.97', NI8°28'12"E 149.88' TO AN EXISTING NAIL, NO1°00'49'W 106.14,
TO AN EXISTING NAIL, NI 8022'41 "E 256.92' TO AN EXISTING NAIL, N20°27'06"E 150.49' TO
AN EXISTING NAIL, N08048'12"E 105.8370 AN EXISTING NAIL, N04°21'39"E 73.60, TO AN
EXISTING NAIL, N02053'05"E 90.53', N44005'17"E 60.80' TO AN EXISTING NAIL ON THE
SOUTH RIGHT-OF-WAY OF 15TH STREET, THENCE ALONG SAID RIGHT-OF-WAY
S86045'23"E 76.99' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF
ARKANSAS & MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING: ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79' FOR A
CHORD BEARING AND DISTANCE OF SI4°52'49"W 821.02' TO AN EXISTING REBAR,
N79028' 17" W 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE OF S08032'44"W 457.49' TO
THE POINT OF BEGINNING, CONTAINING 2.28 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF WATER EASEMENT VACATION DESCRIPTION:
A PORTION OF A 15 FOOT WIDE WATER EASEMENT TO BE VACATED WHICH IS
LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING FROM AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF
SAID FORTY ACRE TRACT AND RUNNING THENCE N87008'58"W 118.84' TO AN
EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE
OF N08032'44"E 457.49' TO AN EXISTING REBAR, S79°28'17"E 24.84' TO AN EXISTING
REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5357.79' FOR A CHORD
BEARING AND DISTANCE OF N 11 040'04"E 220.99' TO THE TRUE POINT OF BEGINNING
AND RUNNING THENCE LEAVING SAID RIGHT-OF-WAY N03011'33"E 252.08' TO EAST
RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-WAY
N20027'06"E 18.87', THENCE LEAVING SAID RIGHT-OF-WAY N08048'12"E 96.14' THENCE
S03011'33"W 281.69' TO THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF SI3°l8'22"W
85.42' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS._
CITY OF
% kQ FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: September 28, 2020 (Updated with Planning Commission Results)
SUBJECT: VAC 2020-000003: Vacation (SE OF RAZORBACK RD. & 16TH
ST./TITAN RBR PROPERTIES,599): Submitted by BATES &
ASSOCIATES, INC. for property located SE OF RAZORBACK RD. & 15TH
ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24
UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES, GENERAL, &
UT, URBAN THOROUGHFARE and contains approximately 2.28 acres.
The request is to vacate a 0.09 acre portion of a water & sewer easement.
RECOMMENDATION:
Staff recommends forwarding VAC-2020-000003 to the City Council with a recommendation of
approval and conditions based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC-2020-000003 to the City Council with a recommendation for approval
with the conditions recommended by staff."
BACKGROUND:
The subject property includes an existing water and sewer easement within the larger lot on the
southeast corner of Razorback Road and 15' Street. The overall property is exceptionally narrow,
ranging from approximately 45 feet to 161 feet in depth between Razorback Road and railroad
right-of-way to the east. The Town Branch riparian corridor bisect the property from east to west
which includes areas of floodway, floodplain, and streamside protection zone. A large scale
development for 34 dwelling units was approved on the property by the Planning Commission in
February of 2020. Surrounding land use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Surface Parkin Lot
1-2, Heavy Commercial
South
Multi-famil Residential;
RMF-24, Residential Multi -family, 24 Units per Acre
West
Multi -family Residential;
City Park;
Undeveloped
UT, Urban Thoroughfare;
P-1, Institutional;
NS-L, Neighborhood Services, Limited
East
RV Park
P-1, Institutional
Proposal: The approved large scale development requires abandonment of an existing water
main and its realignment elsewhere on the site. Construction plans were approved for the utility
work and the applicant now proposes vacating portions of the existing water and sewer easement.
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
department with the following response:
City of Fayetteville
Water/Sewer
Public Comment:
No public comment has been received.
Response
No objections and no comment.
RECOMMENDATION: Staff recommends forwarding VAC-2020-000003 to the City Council with
a recommendation for approval subject to the following conditions:
Conditions of Approval:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. Dedicate utility easement along the path of the proposed, realigned water line to a
minimum of 10 feet, up to a property line.
PLANNING COMMISSION ACTION: Required YES
Date: September 28, 2020 O Tabled ® Forwarded O Denied
(Motion: Paxton, on the consent agenda
ISecond: Winston
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
VAC-2020-000003
Petition
to Vacate
PETITION
PETITION TO VACATE AN EASEMENT LOCATED AT THE CORNER OF WEST 15Tn STREET
AND SOUTH RAZORBACK ROAD, 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 the comer of West 15' Street and South Razorback Road, City of Fayetteville,
Arkansas, a municipal corporation, petition to vacate an easement which is described as follows:
A PORTION OF A 15 FOOT WIDE WATER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT: COMMENCING FROM AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N87°0858"W 118.84' TO AN EXISTING REBAR ON THE WEST RIGHT-
OF-WAY OF THE ARKANSASIMISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE
FOLLOWING: ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5078.7 P FOR A CHORD BEARING AND
DISTANCE OF N0803244"E 457.49' TO AN' EXISTING REBAR, S79°28'17"E 24.84' TO AN EXISTING REBAR,
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF
N I 1 °40'04"E 220.99' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING SAID RIGHT-OF-
WAY NO3'11'33" E 252.08' TO EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-
WAY N20027'06"E 18.87', THENCE LEAVING SAID RIGHT-OF-WAY N08°48'l2"E 96.14' THENCE S03°1 l'33"W
281.69' TO THE WEST RIGHT-OF-WAY OF THE ARKANSASIMISSOUR.I RAILROAD, THENCE ALONG SAID
RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING
AND DISTANCE OF S13018'22"W 85.4T TO THE POINT OF BEGINNING, CONTAINING 0.09 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 t v day of eS2�;Q—�' 2020.
�Yaygz tt ry\S
Print Name
Si cure
PARTIAL WATER EASEMENT VACATION EXHIBIT
I I
VAC-2020-000003
Vacation
Exhibit
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- _ _; Fayetteville City Limits
ARCHIVED
NORTHWEST ARKANSAS Ordinance:6341
l)en1OC1t
(6AZCtt
File Number: 2020-08I6
-j`1l:' VAC-2020-003(SE OF RAZORBACK
RD.&15TH ST.ITITAN RBR
PROPERTIES):
P.0 BOX 1E07.=AYETTEVILLE,AR,727C2••'•79-ds..2-17OC.F:,x ;79-695-11$• 'WWV,' cor AN ORDINANCE TO APPROVE VAC
20-003 FOR PROPERTY LOCATED
SOUTHEAST OF RAZORBACK
ROAD AND 15TH STREET TO
VACATE A PORTION OF A WATER
AFFIDAVIT OF PUBLICATION AND SEWER EASEMENT
WHEREAS,the City Council has the
authority under A.C.A.§ 14-54-104 to
I, Brittany Smith,do solemnly swear that I am the Accounting Legal Clerk of the vacwhiatech publicnot groundrequires orfor portionscorporate thereof
are d
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and purposes;and
published in said County, State of Arkansas; that I was so related to this WHEREAS,the City Council hes
tY determined that the following described
publication at and during the publication of the annexed legal advertisement portion of water and sewer easement is
not required for corate u .
the matter of: Notice pending in the Court, in said County,and at the dates of NOW,THEREFORE BEITrposes
the several publications of said advertisement stated below,and that during said ORDAINED BY THE CITY COUNCIL
periods and at said dates, said newspaper was and had a bona fide AF K CITY OF FAYETTEVILLE,
printedARKANSAS:
circulation in said County; that said newspaper had been regularly printed and Section 1: That the City Council of the
published in said County, and had a bona fide circulation therein for theperiod of City of Fayetteville,Arkansas hereby
tY vacates the portion of water and sewer
one month before the date of the first publication of said advertisement; and that easement as described in Exhibit B
said advertisement waspublished in the regular dailyissues of said newspaper attached to the Planning Department's
� memo.
as stated below. Section 2:A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the
City of Fayetteville Planning Department's memo shall be
Ord 6371 filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is
Was inserted in the Regular Edition on: subject to they relocation
conditions:f
g 1. Any relocation of or damage
October 25, 2020 to existing utilities or existing facilities
shall be at the owner/developer's
expense;and
Publication Charges: $114.00 2. The owner shall dedicate a
general utility easement at least 10 feet
in width along the path
of the proposed,realigned water line.
PASSED and APPROVED on
10/20/2020
Brittany Smith Approved:
Lioneld Jordan,Mayor
t„C,C)101- Attest:
/Q���s5���,ZO�� Kara Paxton,City Clerk Treasurer
Subscribed and sworn to before me tjP�� �t41 ,• 10/25/2020 75338331
This day of TO ,2020. ti� QIro`0-
(4400Af
�vds*4.
Notary Public
My Commission Expires: /C.66
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
