HomeMy WebLinkAboutOrdinance 6438113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6438
File Number: 2021-035-
VAC-2021-018 (1000 W. BULLDOG BLVD./FHS PROPERTIES):
I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 019926390004 Type: REL
Kind: ORDINANCE
Recorded: 06/04/2021 at 04:09:20 PM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2021-00021348
AN ORDINANCE TO APPROVE VAC 21-0018 FOR PROPERTY LOCATED AT 1000 WEST
BULLDOG BOULEVARD TO VACATE A PORTION OF A 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 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 relocation of or damage to
existing utilities or existing facilities shall be at the owner/developer's expense.
PASSED and APPROVED on 5/18/2021
Page 1 Pdnted on W19/21
Ordinance. 6438
File Number: 2021-0355
Attest:
C, E R K
`.�... CITY•
Kara Paxton, City Clerk Trea`su �r YE�F j ;M_
S S
ON C00
Page 2 Printed on 5119121
VAC-2021-000018 F H S EXHIBIT 'A'
Close Up View I VAC-2021-000018
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"EXHIBIT B"
Legal Description
EXISTING 20 FOOT UTILITY EASEMENT TO BE VACATED
A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER (NW/4 SW/4), AND PART OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH,
RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY,
ARKANSAS, AND PART OF THE REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED
IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF THE I W DUNCAN'S
ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192,
IT'S IN A LOT OF PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE
SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT AND
EASEMENT BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-00000019; AND
THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE
SAID NW/4 SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4
SW/4, S87006'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE
N03007'01"E 39.99 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE SOUTHWEST
CORNER OF THE PARENT TRACT; THENCE ALONG THE WEST LINES OF THE PARENT
TRACT FOR THE FOLLOWING COURSES: NO3°07'01"E 422.64 FEET TO A SET 1/2"
REBAR WITH PLASTIC CAP; THENCE N86053'03"W 40.00 FEET TO A SET 1/2" REBAR
WITH PLASTIC CAP; THENCE S03007'01"W 20.00 FEET TO A SET 1/2" REBAR WITH
PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS (UA)
PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2000-087242;
THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY N86053'03"W 88.79 FEET
TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE
OF THE SAID REVISED OAK PARK PLACE, N02057'40"E 182.98 FEET TO THE EASEMENT
CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE;
THENCE LEAVING THE WEST LINE OF THE PARENT TRACT AND FOLLOWING THE SAID
SANITARY SEWER LINE FOR THE FOLLOWING COURSES: N80027'37"E 78.58 FEET;
THENCE N51018'08"E 315.63 FEET TO AN EXISTING SEWER MANHOLE; THENCE
S87051'29"E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N02038'17"E 227.16 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N34016'53"W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N11051'06"E 90.37 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N22013'46"W 88.30 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N41048'14"W 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE
NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF CLINTON DRIVE; THE
SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE WEST AND
NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162
SQUARE FEET, OR 0.509 ACRES.
Washington County, AR
certify this instrument was filed on
06/04/2021 04.09:20 PM
and recorded in Real Estate
File Number 2021-o0021348
Kyle Sylvester - Circuit Clerk
by _.
-�� City of Fayetteville, Arkansas 113 West Mountain Street
Y Y
Fayetteville, AR 72701
(479) 575-8323
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Text File
File Number: 2021-0355
Agenda Date: 5/18/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
VAC-2021-018 (1000 W. BULLDOG BLVD./FHS PROPERTIES):
AN ORDINANCE TO APPROVE VAC 21-0018 FOR PROPERTY LOCATED AT 1000 WEST
BULLDOG BOULEVARD TO VACATE A PORTION OF A 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 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 relocation of or damage to existing utilities
or existing facilities shall be at the owner/developer's expense.
City of Fayetteville, Arkansas Page 1 Printed on 511912021
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2021-0355
Legistar File ID
5/18/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/30/2021 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2021-000018: Vacation (1000 W. BULLDOG BLVD./FHS PROPERTIES, 522): Submitted by MCCLELLAND
ENGINEERING, INC. for property located at 1000 W. BULLDOG BLVD. The property is zoned P-1, INSTITUTIONAL and
area to be vacated contains approximately 0.51 acres. The request is to vacate a portion of a general utility
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
I ARKANSAS
W
MEETING OF MAY 18, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: April 30, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000018: Vacation (1000 W. BULLDOG BLVD./FHS PROPERTIES,
522): Submitted by MCCLELLAND ENGINEERING, INC. for property located at
1000 W. BULLDDOG BLVD. The property is zoned P-1, INSTITUTIONAL and area
to be vacated contains approximately 0.51 acres. The request is to vacate a portion
of a general utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2021-000018 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;
BACKGROUND:
The subject property includes an existing utility easement located to the west of the Alan Fahring
Activity Center at Fayetteville Public High School. The High School intends to redevelop their
athletic center and associated parking, which will require vacating the existing 20-foot wide
easement, relocating, and re -platting a new 25-foot wide general utility easement.
Request: The applicant proposes a vacation of the 20-foot wide general utility easement as
indicated in the attached exhibits, totaling approximately 0.51 acres. Approval of the vacation will
allow for the relocation of an existing sewer main to avoid conflicts with future construction.
DISCUSSION:
In mid-2020, the City Council amended the Unified Development Code to allow vacations of utility
easements to proceed directly to Council without first being heard by the Planning Commission.
With submittal of the required vacation forms and utility approval, staff recommends approval.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Request Letter
Petition to Vacate
VAC-2021-000018
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VAC-2021-000018
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"EXHIBIT B"
Legal Description
EXISTING 20 FOOT UTILITY EASEMENT TO BE VACATED
A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER (NW/4 SW/4), AND PART OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH,
RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY,
ARKANSAS, AND PART OF THE REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED
IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF THE I W DUNCAN'S
ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192,
IT'S IN A LOT OF PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE
SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT AND
EASEMENT BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-00000019; AND
THE EASEMENT BEING MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE
SAID NW/4 SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4
SW/4, S87°06'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE
N03007'01"E 39.99 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE SOUTHWEST
CORNER OF THE PARENT TRACT; THENCE ALONG THE WEST LINES OF THE PARENT
TRACT FOR THE FOLLOWING COURSES: N03007'01"E 422.64 FEET TO A SET 1/2"
REBAR WITH PLASTIC CAP; THENCE N86°53'03"W 40.00 FEET TO A SET 1/2" REBAR
WITH PLASTIC CAP; THENCE S03°07'01"W 20.00 FEET TO A SET 1/2" REBAR WITH
PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS (UA)
PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2000-087242;
THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY N86053'03"W 88.79 FEET
TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE
OF THE SAID REVISED OAK PARK PLACE, N02057'40"E 182.98 FEET TO THE EASEMENT
CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE;
THENCE LEAVING THE WEST LINE OF THE PARENT TRACT AND FOLLOWING THE SAID
SANITARY SEWER LINE FOR THE FOLLOWING COURSES: N80°27'37"E 78.58 FEET;
THENCE N51018'08"E 315.63 FEET TO AN EXISTING SEWER MANHOLE; THENCE
S87051'29"E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N02038'17"E 227.16 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N34016'53"W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N11051'06"E 90.37 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N22013'46"W 88.30 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N41048'14"W 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE
NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF CLINTON DRIVE; THE
SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE WEST AND
NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162
SQUARE FEET, OR 0.509 ACRES.
lflMcCLELLAND 1580 East Stearns Street
CONSULTING Fayetteville, AR 72703 "CE�(479) 443.2377 P 1 (479) 443.9241 F
ENGINEERS, INC. nice us.ccm
April 28, 2021
Planning Commission
City of Fayetteville
125 West Mountain Street
Fayetteville, AR. 72701
Re: General Utility Easement Vacation / Alan Fahring Activity Center / 61 S. Harmon Ave.
Dear Planning Commission Members,
This letter is in regards to the utility easement vacation request concerning a 182 l.f. section of
20' wide general utility easement just to the west of the Alan Fahring Activity Center located
at 61 S. Harmon Avenue in Fayetteville, AR. The Fayetteville Public Schools plan on expanding
the Bulldog Academic & Athletic Center to the east and the proposed facilities expansion will
conflict with the existing utility easement and associated sewer main. The existing parking lot
will be renovated with the future BARC Center expansion.
This vacation request is associated with a separate Utility Main Extension permit that proposes
to relocate the existing sewer main to avoid conflicts with future construction. A new 25'
general utility easement will be rededicated over the relocated sewer main.
It is the belief of the applicant that the vacation of the above -mentioned general utility
easement will not adversely impact public interest and welfare. We appreciate your time and
consideration of this endeavor.
Sincerely, i6j��
Zach Hixson
Project Manager
zhixson@mce.us.com
UTILITY EASEMENT VACATION PETITION
PETITION TO VACATE A UTILITY EASEMENT LOCATED ADJACENT TO THE NORTH LINE OF
BLOCKS 7 AND 8 IN THE I.W. DUNCAN'S ADDTION TO THE 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 parts of the I.W. Duncan's
Addition and Oak Park Place S/D abutting the 20' wide general utility easement hereinafter sought to be
abandoned and vacated, lying in Fayetteville, Arkansas, a municipal corporation, petition to vacate said
right-of-way which is described as follows:
A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER (NW/4 SW/4), AND PART OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY
OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AND PART OF THE REVISED OAK PARK
PLACE SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART
OF THE I W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4,
PAGE 192, IT'S IN A LOT OF PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE
SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT AND EASEMENT
BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-00000019: AND THE EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NW/4
SW/4 OF SECTION 16; THENCE, ALONG THE SOUTH LINE OF THE NW/4 SW/4,
S87°06'56"E 349.18 FEET; THENCE LEAVING THE SOUTH LINE NO3°07101"E 39.99 FEET TO A SET 1/2"
REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE PARENT TRACT; THENCE
ALONG THE WEST LINES OF THE PARENT TRACT FOR THE FOLLOWING COURSES:
NO3°07'01"E 422.64 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE
N86°53'03"W 40.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE
S03°07'01"W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER
OF THE UNIVERSITY OF ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY
DOCUMENT 2000-087242; THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY
N86°53'03"W 88.79 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP; THENCE, ALONG THE
EXTENDED EAST LINE OF THE SAID REVISED OAK PARK PLACE, NO2°57'40"E 182.98 FEET TO THE
EASEMENT CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE;
THENCE LEAVING THE WEST LINE OF THE PARENT TRACT AND FOLLOWING THE SAID SANITARY
SEWER LINE FOR THE FOLLOWING COURSES: N80°27'37"E 78.58 FEET; THENCE
N51 °18'08"E 315.63 FEET TO AN EXISTING SEWER MANHOLE; THENCE S87°51'29"E 192.29 FEET TO
AN EXISTING SEWER MANHOLE; THENCE NO2°38'17"E 227.16 FEET TO AN EXISTING SEWER
MANHOLE; THENCE N34°16'53"W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N11°51'06"E 90.37 FEET TO AN EXISTING SEWER MANHOLE; THENCE N22°13'46"W 88.30 FEET TO
AN EXISTING SEWER MANHOLE; THENCE N41 °48'14"W 30.85 FEET TO THE CENTERLINE POINT OF
TERMINATION ALONG THE NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF
CLINTON DRIVE; THE SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE
WEST AND NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162
SQUARE FEET, OR 0.509 ACRES.
That the abutting real estate affected by said abandonment of the easement is Parcel 765-04827-000
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 request that the City of Fayetteville, Arkansas, abandon and vacate the above described
real estate, and that the above described real estate be used for their respective benefit and purpose as
now approved by law.
Page 1 of 2
UTILITY EASEMENT VACATION PETITION
The petitioners further request that the above described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City of
Fayetteville, Arkansas, abandon and vacate the above described real estate, 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.
Dated this28 day of April , 2021
Zach Hixson, Representative of Applicant
Printed Name
Sig a re
Page 2 of 2
DemoergC�a eW
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 6438
Was inserted in the Regular Edition on:
May 23, 2021
Publication Charges: $100.32
&2g% •z+ait..
Brittany Smith
Subscribed and swprn to before me
This 2_4 day of /`t , 2021.
Notary Public
My Commission Expires: 0,1?.0/N
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC — ARKANSAS
My Commission Expires 02-20-2024
Commission No, 12397118
Ordinance: 6438
File Number: 2021-0355
VAC-2021-018 (1000 W. BULLDOG
BLVD./FHS PROPERTIES):
AN ORDINANCE TO APPROVE VAC
21-0018 FOR PROPERTY LOCATED
AT 1000 WEST BULLDOG
BOULEVARD TO VACATE A
PORTION OF A 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
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
relocation of or damage to existing
utilities or existing facilities shall be at
the owner/developer's expense.
PASSED and APPROVED on
5/19/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75420985 May 23, 2021