HomeMy WebLinkAboutOrdinance 6482 1111111111111111110111111011111111111M11113111
II
Doc ID: 020151390004 Type: REL
Kind: ORDINANCE
Recorded: 09/30/2021 at 03:25:42 PM
F pYF Fee Amt: $30.00 Page 1 of 4
of �� Washington County, AR
\ Kyle Sylvester Circuit Clerk
File 2021-00037770
\�qk A.ryS pS t
113 West Mountain Street ARC
/— I 0
Fayetteville,AR 72701 • I �/ EE4
(479)575-8323
Ordinance: 6482
File Number: 2021-0672
VAC-2021-023(793 W. DICKSON ST./WHITESIDE ST. R-O-W):
AN ORDINANCE TO APPROVE VAC 21-023 FOR PROPERTY LOCATED AT 793 WEST
DICKSON STREET TO VACATE PORTIONS OF ALLEY RIGHT-OF-WAY AND STREET
RIGHT-OF-WAY
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 an alley
right-of-way and street right-of-way is not required for corporate purposes.
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 vacates the
portions of street and alley right-of-way 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 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 damage to or relocation of existing utilities or existing facilities shall be at the owner/developer's
expense.
Page 1 Printed on 9/22/21
Ordinance: 6482
File Number. 2021-0672
2. A general utility easement shall be dedicated over the vacated right-of-way for Whiteside Street to
ensure existing utility infrastructure can be accessed and maintained.
PASSED and APPROVED on 9/21/2021
Approv d: Attest:
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Page 2 Printed on 9/22/21
VAC-2021-000023 Vacation for Whiteside St. ROW
VAC-2021-000023
Close Up View EXHIBIT 'A'
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—DICKSON ST DICKSON
ST
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Subject Property
WILLIAM ST
> 'WHITESIDE ST
Q
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/ , V
;'- . / "
>, / , RMF-40
>
re
"FAIRVIEW ST.., a
II O
R\rr-24
x
Institutional Master Plan IIIIRM F-24
Urban Center RMF-40
Hillside-Hilltop Overlay District _ C-3
!Planning Area
Feet Main Street Center
_ _Fayetteville City Limits Downtown General
0 75 150 300 450 600
- - - Trail(Proposed) P-1
1 inch = 200 feet
i-__I Design Overlay District
VAC-2021-000023
EXHIBIT `B'
Legal Description for Alley and Street Right-of-Way
A tract of land in part of the SE1/4 NW1/4 of Section 16, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northwest corner of the said SE1/4 NW1/4; Thence S 62°57'09" E, a distance of 95.88
feet to the intersection of the Easterly right of way line of Duncan Avenue and the Southerly right of way
line of Dickson Street; Thence S 87°36'35" E along the Southerly right of way line of said Dickson Street, a
distance of 173.24 feet to the Point of Beginning; Thence continuing S 87°36'35" E along the Southerly
right of way line of said Dickson Street, a distance of 9.3 feet; Thence S 01°53'47" W along the west
boundary of two tracts of land filed at Bk 886 - Pg 72 and at Bk 1285 - Pg 15 (2nd description), a distance
of 349.10 feet to the Northerly right of way line of West Whiteside Street; Thence N 87°36'34" W along the
Northerly right of way line of said West Whiteside Street, a distance of 1.15 feet; Thence S 02°23'26" W, a
distance of 30.00 feet to the Southerly right of way line of said West Whiteside Street; Thence N 87°36'34"
W along the Southerly right of way line of said West Whiteside Street, a distance of 185.07 feet to the
Easterly right of way line of aforesaid Duncan Avenue; Thence N 02°29'35" E along the Easterly right of
way line of said Duncan Avenue, a distance of 30.00 feet to the intersection of the Easterly right of way line
of said Duncan Avenue and the Northerly right of way line of said West Whiteside Street; Thence S
87°36'34" E along the Northerly right of way line of said West Whiteside Street, a distance of 176.87 feet;
Thence N 01°53'47" E along the east boundary of a tract of land filed at Bk 881, Pg 437, a distance of
349.10 feet to the Point of Beginning, containing 0.20 acres more or less.
Washington County,AR
I certify this instrument was filed on
09/30/2021 03:25:42 PM
and recorded in Real Estate
File Number 2021-00037770
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0672
Agenda Date: 9/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
VAC-2021-023 (793 W. DICKSON ST./WHITESIDE ST. R-O-W):
AN ORDINANCE TO APPROVE VAC 21-023 FOR PROPERTY LOCATED AT 793 WEST
DICKSON STREET TO VACATE PORTIONS OF ALLEY RIGHT-OF-WAY AND STREET
RIGHT-OF-WAY
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 an alley right-of-way and
street right-of-way 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 portions of
street and alley right-of-way 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 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 damage to or relocation of existing utilities or existing facilities shall be at the owner/developer's
expense.
2. A general utility easement shall be dedicated over the vacated right-of-way for Whiteside Street to ensure
existing utility infrastructure can be accessed and maintained.
City of Fayetteville, Arkansas Page 1 Printed on 912212021
City of Fayetteville Staff Review Form
2021-0672
Legistar File ID
9/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/3/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2021-000023: Vacation (793 W. DICKSON ST./WHITESIDE ST. R-O-W, 483): Submitted by DEVELOPMENT
CONSULTANTS, INC. for right of way located at 793 W. DICKSON ST. The right of way is within property that is zoned
RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.20 acres. The request is to
vacate portions of existing alley and street rights of way.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 21, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Current Planner
DATE: September 3, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000023: Vacation (793 W. DICKSON STJWHITESIDE ST. R-O-W,
483): Submitted by DEVELOPMENT CONSULTANTS, INC. for right of way
located at 793 W. DICKSON ST. The right of way is within property that is zoned
RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains
approximately 0.20 acres. The request is to vacate portions of existing alley and
street rights of way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2021-000023 as shown in the
attached Exhibits Wand `B' and with the following conditions of approval:
1. A utility easement shall be dedicated over the vacated right-of-way for Whiteside Street to
ensure access and maintenance for existing utility infrastructure.
2. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property includes 0.13 acres of unbuilt right-of-way connecting W. Whiteside Street
to W. Williams Street, as well as a 0.07-acre alley connecting W. Whiteside Street to W. Dickson
Street. Washington County records suggest that the street and alley were platted in 1908 as part
of the County Court Plats. A parking lot was constructed around the alley in 1980 which severed
the street connection between W. Whiteside Street and N. Duncan Avenue.
Request: The applicant proposes to vacate a portion of existing alley and street rights -of -way for
W. Whiteside Street. A 30-foot utility easement would be dedicated in place of the street right-of-
way since there are multiple known utilities in that area.
Staff Findings: Staff supports the vacation request as indicated. Typically, City Plan 2040 and its
specified goal of maintaining complete, compact, and connected developments would lean staff
towards a recommendation of denial for historically platted right-of-way serving a residential
neighborhood. That said, staff finds that since the property is surrounded by institutional uses and
property owners, the street and alley rights -of -way no longer serve the purpose of neighborhood
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
connectivity. All surrounding properties are owned by the University of Arkansas, so any future
development in this area will be largely institutional in nature.
The applicant has submitted the required vacation forms to the relevant City departments and
franchise utility companies with the following responses. Adjacent property owner consent is also
required for vacation, which the applicant has also provided.
DISCUSSION:
At the August 24, 2021 Planning Commission meeting, this item was forwarded to City Council
with a vote of 8-0-0, with a recommendation of approval and the conditions as outlined at the
beginning of this report. Commissioner Sparkman made the motion and Commissioner Winston
seconded. No public comment was received on this item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC-2021-000023 Vacation for Whiteside St. ROW
VAC-2021-000023
Close Up View I EXHIBIT 'A'
Subject Property
a9ra,r,r
W
FAIRVIEW-ST a
Institutional Master Plan
Urban Center
Hillside -Hilltop Overlay District
` Planning Area
— Fayetteville City Limits
— — — Trail (Proposed)
I Design Overlay District
DICKSON'ST
z
Q
V
z
Feet
0 75 150 300 450
1 inch = 200 feet
L
RMF-24
RMF-40
W
a
X
W
z
C-3
Main Street Center
■
600 Downtown General
P-1
VAC-2021-000023
EXHIBIT `B'
Legal Description for Alley and Street Right -of -Way
A tract of land in part of the SEIIA NW1/4 of Section 16, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northwest corner of the said SE1/4 NW1/4; Thence S 62°57'09" E, a distance of 95.88
feet to the intersection of the Easterly right of way line of Duncan Avenue and the Southerly right of way
line of Dickson Street; Thence S 87°36'35" E along the Southerly right of way line of said Dickson Street, a
distance of 173.24 feet to the Point of Beginning; Thence continuing S 87°36'35" E along the Southerly
right of way line of said Dickson Street, a distance of 9.3 feet; Thence S 01 °53'47" W along the west
boundary of two tracts of land filed at Bk 886 - Pg 72 and at Bk 1285 - Pg 15 (2nd description), a distance
of 349.10 feet to the Northerly right of way line of West Whiteside Street; Thence N 87°36'34" W along the
Northerly right of way line of said West Whiteside Street, a distance of 1.15 feet; Thence S 02°23'26" W, a
distance of 30.00 feet to the Southerly right of way line of said West Whiteside Street; Thence N 87°36'34"
W along the Southerly right of way line of said West Whiteside Street, a distance of 185.07 feet to the
Easterly right of way line of aforesaid Duncan Avenue; Thence N 02°29'35" E along the Easterly right of
way line of said Duncan Avenue, a distance of 30.00 feet to the intersection of the Easterly right of way line
of said Duncan Avenue and the Northerly right of way line of said West Whiteside Street; Thence S
87°36'34" E along the Northerly right of way line of said West Whiteside Street, a distance of 176.87 feet;
Thence N 01°53'47" E along the east boundary of a tract of land filed at Bk 881, Pg 437, a distance of
349.10 feet to the Point of Beginning, containing 0.20 acres more or less.
CITY OF
_' FAYETTEVILLE
"PAARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: August 23, 2021 Updated with results from 8/23/2021 PC hearing
SUBJECT: VAC-2021-000023: Vacation (793 W. DICKSON ST./WHITESIDE ST. R-
OW, 483): Submitted by DEVELOPMENT CONSULTANTS, INC. for right
of way located at 793 W. DICKSON ST. The right of way is within property
that is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER
ACRE and contains approximately 0.20 acres. The request is to vacate
portions of existing alley and street rights of way.
RECOMMENDATION:
Staff recommends forwarding VAC-2021-000023 to City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
"I move to forward VAC-2021-000023 to City Council with a recommendation of approval, with
conditions."
BACKGROUND:
The subject property includes 0.13 acres of unbuilt right-of-way connecting W. Whiteside Street
to W. Williams Street, as well as a 0.07-acre alley connecting W. Whiteside Street to W. Dickson
Street. Washington County records suggest that the street and alley were platted in 1908 as part
of the County Court Plats. A parking lot was constructed around the alley in 1980 which severed
the street connection between W. Whiteside Street and N. Duncan Avenue. Surrounding land use
and zoning is depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction
Land Use
Zoning
North
School(University
of Arkansas
P-1, Institutional
South
School(University
of Arkansas
RMF-40, Residential Multi -Family, 40 Units per Acre
East
School(University
of Arkansas
RMF-40, Residential Multi -Family, 40 Units per Acre
West
School(University
of Arkansas
RMF-40, Residential Multi -Family, 40 Units per Acre
Proposal: The applicant proposes to vacate a portion of existing alley and street rights -of -way for
W. Whiteside Street. A 30-foot utility easement would be dedicated in place of the street right-of-
way since there are multiple known utilities in that area.
DISCUSSION:
Staff supports the vacation request as indicated. Typically, City Plan 2040 and its specified goal
of maintaining complete, compact, and connected developments would lean staff towards a
recommendation of denial for historically platted right-of-way serving a residential neighborhood.
That said, staff finds that since the property is surrounded by institutional uses and property
owners, the street and alley rights -of -way no longer serve the purpose of neighborhood
connectivity. All surrounding properties are owned by the University of Arkansas, so any future
development in this area will be largely institutional in nature.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses. Adjacent property
owner consent is also required for vacation, which the applicant has also provided.
Utility Response
Cox Communications No objections, provided any damage or relocation of existing Cox
facilities will be at expense of applicant.
AEP/SWEPCO No objections, provided the 30' x 185' right-of-way for Whiteside
Street remain as a utility easement.
Black Hills Energy AR No objections and no comment.
AT&T No objections, provided that a utility easement is designated for
utilities that are currently placed in the right-of-way for Whiteside
Street.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections and no comment.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: Staff has not received any public comment on this item.
RECOMMENDATION: Staff recommends approval of VAC-2021-000023 with the following
conditions;
Conditions of Approval:
1. A utility easement shall be dedicated over the vacated right-of-way for Whiteside Street to
ensure access and maintenance for existing utility infrastructure;
2. Any damage or relocation of existing facilities will be at the applicant's expense.
PLANNING COMMISSION ACTION: Required YES
Date: August 23, 2021
(Motion: Sparkman
(Second: Winston
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
O Tabled ® Forwarded O Denied
with conditions as
recommended by staff.
• Applicant Request Letter
• Applicant Petition to Vacate
• Site Exhibit — ROW to be vacated
• One Mile Map
• Close-up Map
• Current Land Use Map
Written request and narrative to accompany petition packet
to vacate an Alley and part of West Whiteside Street, City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
On behalf of the abutting landowners, I am petitioning the Fayetteville City Planning Commission and the Fayetteville
City Council to vacate a north -south 9.3' alley and a part of the east -west right of way of West Whiteside Street in part
of the SETA NW1/4 of Section 16, T-16-N, R-30-W in the City of Fayetteville, Arkansas.
This alley and right of way was platted on the County Court Plats filed at Plat Bk. 4, Pg. 5. Today there is no physical
alleyway or street located in the vicinity and it is not being used as an alley or street by the public. There are multiple
known utilities in the street right of way for which a Utility Easement will be retained in the vacated portion.
By vacating the alley and street right of way, the abutting owners would benefit, and no other landowner would be
adversely affected.
The alley and street right of way has not been used by the public for many years, if ever. The public interest and
welfare would not be adversely affected by vacating the alley.
Included in the Petition Packet is:
1 Application and Payment of applicable fees for processing the application $200.00.
2 This written description.
3 Petition to vacate the Alley.
4 Consent of Owner Form names and addresses of adjacent property owners.
5 Legal description and exhibit map of area to be vacated.
6 Survey
7 A copy of the plat on record in the county assessor's office with the required alley and street
vacation highlighted.
8 Assessor's parcel map.
9 Adjoining owner list.
10 Proof of written notification of all owners of property abutting the alley.
11 Comments from utilities companies and from Fayetteville City Utilities.
Allen Jay Young, Development Consultants, Inc.
PETITION TO VACATE AN ALLEY LOCATED IN BLOCK 2, OAKLAND PLACE ADDITION,
CITY OF FAYETTEVILLE, ARKANSAS.
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
I, Allen J Young, authorized agent for the owners of the real estate abutting the alley hereinafter sought to
be abandoned and vacated, lying in part of the SEl/4 NWIA of Section 16, Township 16 North, Range 30
West, City of Fayetteville, Washington County, Arkansas, a municipal corporation, petition to vacate an
alley and part of West Whiteside Street right of way which is described as follows:
A tract of land in part of the SE1/4 NW1/4 of Section 16, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as follows:
Commencing at the Northwest corner of the said SE1/4 NWi/4; Thence S 62°57'09" E, a distance of 95.88
feet to the intersection of the Easterly right of way line of Duncan Avenue and the Southerly right of way
line of Dickson Street; Thence S 87°36'35" E along the Southerly right of way line of said Dickson Street, a
distance of 173.24 feet to the Point of Beginning; Thence continuing S 87°36'35" E alongthe Southerly
right of way line of said Dickson Street, a distance of 9.3 feet; Thence S 01"53'47" W along the west
boundary of two tracts of land filed at Bk 886 - Pg 72 and at Bk 1285 - Pg 15 (2nd description), a distance
of 349.10 feet to the Northerly right of way line of West Whiteside Street; Thence N 87°36'34" W along
the Northerly right of way line of said West Whiteside Street, a distance of 1.15 feet; Thence S 02"23'26"
W, a distance of 30.00 feet to the Southerly right of way line of said West Whiteside Street; Thence N
87°36'34" W along the Southerly right of way line of said West Whiteside Street, a distance of 185.07 feet
to the Easterly right of way line of aforesaid Duncan Avenue; Thence N 02'29'35" E along the Easterly
right of way line of said Duncan Avenue, a distance of 30.00 feet to the intersection of the Easterly right of
way line of said Duncan Avenue and the Northerly right of way line of said West Whiteside Street; Thence
S 87"36'34" E along the Northerly right of way line of said West Whiteside Street, a distance of 176.87
feet; Thence N 01*53'47" E along the east boundary of a tract of land filed at Bk 881, Pg 437, a distance of
349.10 feet to the Point of Beginning, containing 0.20 acres more or less.
That the abutting real estate affected by said vacation of the alley and part of West Whiteside Street right of
way are the lands owned by the University of Arkansas Board of Trustees filed at Bk 886— Pg 72, Bk 1285
— Pg IS, Bk 630 — Pg 42, Bk 2008 — Pg 2028, Bk 2008 — Pg 3662 and Bk 881 — Pg 437, City of
Fayetteville and the alley and part of West Whiteside Street right of way has not been 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 above described alley and part of West Whiteside Street right of way.
The Petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described alley
and part of West Whiteside right of way, subject, however, to the existing utility easements and sewer
easements within the 30' wide West Whiteside Street as required, and that the above described real estate
be used for it's respective benefit and purpose as now approved by law.
The Petitioners further pray that the above described real estate be fully vested in the abutting property
owners as provided by law.
WHEREFORE, the 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
within the 30' wide West Whiteside Street, 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 owner be free
from the public for the use of said alley.
Dated this 13day of r'� 20 21
Printed name
Signature
nnnrn
SON=
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VAC-2021-000023 Vacation for Whiteside St. ROW A&
Current Land Use NORTH
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Institutional Q
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DICKSO
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Subject Property — J
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f Institutional
' / I �w ,► Institutional :l
Parking Deck jw
Cemetery
CENTER
GL�N� ON OFt ,Ir _ __r. _ _ fly
Alloy
Neighborhood Link FEMA Flood Hazard Data
Institutional Master Plan
Urban Center 100-Year Floodplain
— — — Trail (Proposed) Feet
Floodway
Stream
Planning Area 0 112.5 225 450 675 900
— !Fayetteville City Limits 1 inch = 300 feet
j_ _ _ I Design Overlay District
II)em(= uette
P.!' 3CX 1607, ` %Ei`E' iLL , AP, 727C2 • .,9•d 2 1'00 F4X 479-695-II'S - bVYrl'd �4YADG.Cv^M
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 6482
Was inserted in the Regular Edition on:
September 26, 2021
Publication Charges: $126.16
A d;ft 5,:,a..
Brittany mith
Subscribed and sworn to before me
This Z7day of- --L-, 2021.
J
Notary Public 1 I
My Commission Expires: y�44_
**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. 123971 i8
Ordinance: 6482
File Number: 2021-0672
VAC-2021-023 (793 W. DICKSON
ST./WHITESIDE ST. R-O-W):
AN ORDINANCE TO APPROVE VAC
21-023 FOR PROPERTY LOCATED
AT 793 WEST DICKSON STREET TO
VACATE PORTIONS OF ALLEY
RIGHT-OF-WAY AND STREET
RIGHT-OF-WAY
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 an alley right-of-way and
street right-of-way is not required for
corporate purposes.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
vacates the portions ofstrect and alley
right-of-way 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 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:
I . Any damage to or relocation
of existing utilities or existing facilities
shall be at the owner/developers
expense.
2. A general utility easement
shall be dedicated over the vacated right-
of-way for Whiteside Street to ensure
existing utility infrastructure can be
accessed and maintained.
PASSED and APPROVED on
9/21/2021
Approved:
Lioncld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City
Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount paid:
$126.16
75470026 Sept26,2021