HomeMy WebLinkAboutOrdinance 6484 IIIIHII I 11110101/I IIII IIIII IHII III0 I I I I I IIIII IIIII II I IIIII IIII III
Doc ID: 020151410005 Type: REL
Kind: ORDINANCE
of Fa.E, Recorded: 09/30/2021 at 03:26:13 PM
Fee Amt: $35.00 Page 1 of 5
/ ,`T Washington County, AR
.: ) Kyle Sylvesteri Circuit Clerk
h ..,,t .,; / File2021-00031 / 72
,I1f��'"n,Ns
113 West Mountain Street
Fayetteville,AR ARCH!VE D
Ordinance: 6484
File Number: 2021-0710
VAC-2021-025(SOUTH OF 240 E. ROCK ST./FLOWERS-DAVIS):
AN ORDINANCE TO APPROVE VAC 21-025 FOR PROPERTY LOCATED SOUTH OF 240
EAST ROCK STREET TO VACATE A PORTION OF A WATER/SEWER RIGHT OF WAY
GRANT
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 a water/sewer
right of way grant 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 a portion of a
water/sewer right of way grant 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 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 9/21/2021
Page 1 Printed on 9/22/21
Ordinance: 6484
File Number: 2021-0710
Approve j Attest:
l44e"-
Lioneld Jon.: ' .yor Kara Paxton, City Clerk Treasurer
Page 2 Printed on 9/22/21
VAC-2021-000025 Flowers-Davis
Close Up View EXHIBIT 'A'
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2 Planning Area
0 75 150 300 450 600 NM Downtown General
L _ _•Fayetteville City Limits
1._.I Design Overlay District 1 inch = 200 feet MI Neighborhood Conservation
P-1
VAC-2021 -000025
EXHIBIT 'B'
Page 1 of 2 BUlK 543 369
TRACT NO. RIGHT OF WAY GRANT •
STATE OF ARKANSAS )
COUNTY OF WASHINGTON ) KNOW ALL MEN BY THESEl'PRESth14 'S '•1
That for and in consideration of One and no/100 Dollars
and other valuable considerations to the undersigned, 9' 1 •'.,-;,C-P'vQ
Jim Warford
paid, the receipt of which is hereby acknowledged, the said Grantor.does heebyf'
GRANT, SELL AND CONVE'unto the City of Fayetteville, Arkans4s.4:gitinicepal
corporation(herein styled Grantee), its successors and assigns, ther,=ig•ht df.•w.ay
and easement to construct, lay, remove, relay, enlarge and operate sewer pipe
line or lines, no manholes, and appurtenances thereto, on, over, across, and
under the following described real estate, to-wit:
Lot 8, in Block 2, Hendry's Addition to the City of Fayetteville, Washington County,
Arkansas.
A permanent easement of 10 feet in width, being 5 feet on each side of a centerline, and
a temporary construction easement for a period of not to exceed one year from the
® date hereof, of 50 feet, being 25 feet on each side of a centerline, the centerline of both
easements being the centerline of a 6 inch sewer line as constructed, and more particularly
described as follows, to-wit: Beginning at a point in the South property line of said Lot 8
which point is approximately 48.6 feet west of the Southeast corner thereof, running thence
in a northwesterly direction to a point in the North property line, which point is approximate-
ly 17 feet east of the Northwest corner thereof.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so
long as such utility lines, manholes, and/or appurtenances thereto shall be main-
tained, with ingress to and egress from the real estate first hereinabove described
for the purpose of constructing, inspecting maintaining and repairing said lines,
manholes, and appurtenances of Grantee above described, and the removal, renewal,
and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the pur-
poses hereinbefore granted to the said Grantee, which hereby agrees to bury all
pipes to a sufficient depth so as not to interfere with cultivation of soil, except that
manholes will be constructed flush with the surface of the ground, and to pay any
damages which may arise to growing crops or fences from the construction, main-
tenance and operation and determined by three disinterested persons, one thereof
to be appointed by the said Grantor; one by the said Grantee; and the third by the
two so appointed as aforesaid, and the written award of such three persons shall be
final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way
other than fences not to exceed five (5) feet in height.
The consideration first above recited as being paid to Grantor by Grantee is in
full satisfaction of every right hereby granted. All covenants and agreements herein
contained shall extend to and be binding upon the respective heirs, legal repre-
sentatives, successors and assigns of the parties hereto.
OIt is hereby understood and agreed that the party securing this grant in behalf of
�� the Grantee is without authority to make any covenant or agreement not herein
expressed. /
WITNESS the execution hereof on this the(-day of September , 196 0
(:,/l.'1-,ice LYI
ACKNOWLEDGMENT t
STATE OF ARKANSAS )
COUNTY OF WASHINGTON ) ss
`�. BE IT REMEMBERED, that on this day, before me, a Notary Public within and
for said County and State, duly commissioned and acting, personally appeared
i Warford
to.•rhe we known as the person or persons who executed the foregoing Right of Way
•GA$ t, a . stated that he had executed the same for the consideration and
•upptog thi'`�i rein mentioned and set forth.
(, i EiSS.my hand and seal on this (p -- day of a remhpr , , 196 0 .
%f.,°•.I rgoiniiiiscion expires: `. /, / Z ' /'
•
:', TA Y PUBLIC
VAC-2021-000025 i
EXHIBIT 'B' •
Page2of2 p
•
BOOK 54o
TRACT NO. RIGHT OF WAY GRANT -
STATE OF ARKANSAS
COUNTY OF WASHINGTON ) KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of One and noJ100 Dollars
and other valuable considerations to the undersigned,
_Harvey Warford and Mildred Warford huehand and wife'•• J
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby
GRANT, SELL AND CONVEY unto the City of Fayetteville, Arkansas?. .a municipal
corporation(herein styled Grantee), its successors and assigns;•the right of way
and easement to construct, lay, remove, relay, enlarge and operate sewer pipe
line or lines, no manholes, and appurtenances thereto, on, over, across, and
under the following described real estate, to-wit:
West 1/2 of Lot 7 in Block 2, of Hendry's Addition to the City of Fayetteville, Washington
County, Arkansas.
A permanent easement of 10 feet in width, being 5 feet on each side of a centerline, and
a temporary construction easement for a period of not to exceed one year from the date
r hereof, of 50 feet, being 25 feet on each side of a centerline, the centerline of both
�r easements being the centerline of a 6 inch sewer line as constructed, and more particularly
described as follows, to-wit: Beginning at a point in the South line of said Lot 7, which
point in 17 feet east of the Southwest corner thereof, running thence northwesterly to
the Northwest corner of said Lot 7.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so
long as such utility lines, manholes, and/or appurtenances thereto shall be main-
tained, with ingress to and egress from the real estate first hereinabove described
for the purpose of constructing, inspecting maintaining and repairing said lines,
manholes, and appurtenances of Grantee above described, and the removal, renewal,
and enlargement of such at will, in whole or in part.
r- The said Grantor is to fully use and enjoy the said premises except for the pur-
poses hereinbefore granted to the said Grantee, which hereby agrees to bury all
pipes to a sufficient depth so as not to interfere with cultivation of soil, except that
manholes will be constructed flush with the surface of the ground, and to pay any
damages which may arise to growing crops or fences from the construction, main-
tenance and operation and determined by three disinterested persons, one thereof
to be appointed by the said Grantor; one by the said Grantee; and the third by the
two so appointed as aforesaid, and the written award of such three persons shall be
• final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way
other than fences not to exceed five (5) feet in height.
The consideration first above recited as being paid to Grantor by Grantee is in
full satisfaction of every right hereby granted. All covenants and agreements herein
contained shall extend to and be binding upon the respective heirs, legal repre-
sentatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of
the Grantee is without authority to make any covenant or agreement not herein
expressed.
WITNESS the execution hereof ou this the 9 i day of September . 1960
ACKNOWLEDGMENT 02
.f l.C�I,C�
STATE OF ARKANSAS )
COUNTY OF WASHINGTON ) ss
BE IT REMEMBERED, that on this day, before me, a Notary Public within and
for said.County and State, duly commissioned and acting, personally appeared
�, la�yey Warford and Mildred Warford husband and wife
.to,?ne well�iiljown as the person or persons who executed the foregoing Right`hf Way
Gs`ate jh@ kited that they hall executed the same for the consideration and
;purpose fl e3mmentioned and set forth.
y' a. 4# fSyisny hand and seal on this dayof , 196�.
ep y embez�/
•..id'•ly[y cotriOission expires:124i4pi, /. /I[.✓ fjy�l 'll�r-x.w�Q/
• CT49 CO3,•,
:,,,,,,,;,�:.• NOTA Y PUBLIC
Washington County, AR
I certify this instrument was filed on
09/30/2021 03:26:13 PM
and recorded in Real Estate
File Number 2021-00037772
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0710
Agenda Date: 9/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
VAC-2021-025 (SOUTH OF 240 E. ROCK ST./FLOWERS-DAVIS):
AN ORDINANCE TO APPROVE VAC 21-025 FOR PROPERTY LOCATED SOUTH OF 240 EAST
ROCK STREET TO VACATE A PORTION OF A WATER/SEWER RIGHT OF WAY GRANT
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 a water/sewer right of
way grant 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 a portion of a water/sewer
right of way grant 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 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 912212021
City of Fayetteville Staff Review Form
2021-0710
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-2021-000025: Vacation (SOUTH OF 240 E. ROCK ST./FLOWERS-DAVIS 524): Submitted by TOMMIE FLOWERS
DAVIS for property located SOUTH OF 240 EAST ROCK STREET. The property is zoned RMF-24, RESIDENTIAL MULTI
FAMILY, 24 UNITS PER ACRE and contains approximately 0.48 acres. The request is to vacate an approximately 0.05
acres of water and sewer easement.
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
FROM: Jonathan Curth, Development Services Director
DATE: September 3, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000025: Vacation (SOUTH OF 240 E. ROCK ST./FLOWERS-DAVIS
524): Submitted by TOMMIE FLOWERS DAVIS for property located SOUTH OF
240 EAST ROCK STREET. The property is zoned RMF-24, RESIDENTIAL MULTI
FAMILY, 24 UNITS PER ACRE and contains approximately 0.48 acres. The
request is to vacate an approximately 0.05 acres of water and sewer easement.
RECOMMENDATION:
Staff recommends approval of VAC-2021-000025 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 is located south of the Yvonne Richardson Center, on the south side of Rock
Street between Willow and Mill Avenues to the east and west respectively. The overall site
includes two parcels and is undeveloped. Three water and sewer easements, totaling
approximately 0.13 acres encumber the property. A portion of the Spout Spring Branch crosses
the northwestern extent of the property after crossing under Rock Street.
Request: The applicant proposes a vacation of two water and sewer easements, totaling
approximately 2,290 square feet (0.05 acres). The applicant intends to develop the property with
cottage housing.
DISCUSSION:
The applicant submitted the required approval from the public utility provider with no objections.
As noted by the applicant, they are currently in discussions with the Utility Department regarding
the remaining 20-foot water and sewer easement on the property. An existing 8-inch sanitary
main currently resides there. With submittal of the required vacation forms and utility approval,
staff recommends approval.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Plat
• Request Letter
• Petition to Vacate
VAC-2021-000025
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BOOK 543 369
TRACT NO. RIGHT OF WAY GRANT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON) KNOW ALL MEN BY THESE'!PRE5EN�'SC''
That for and in consideration of One and no/100 Dollars ---------------
and other valuable considerations to the undersigned,
Jim Warford
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby'
GRANT, SELL AND CONVEg unto the City of Fayetteville, Arkans�sy Ia:ximunieipal
corporation (herein styled Grantee), its successors and assigns, the .Crig'hti of.'i"y
and easement to construct, lay, remove, relay, enlarge and operate sewer pipe
line or lines, no manholes, and appurtenances thereto, on, over, across, and
under the following described real estate, to -wit:
Lot 8, in Block 2, Hendry's Addition to the City of Fayetteville, Washington County,
Arkansas.
A permanent easement of 10 feet in width, being 5 feet on each side of a centerline, and
a temporary construction easement for a period of not to exceed one year from the
date hereof, of 50 feet, being 25 feet on each side of a centerline, the centerline of both
easements being the centerline of a 6 inch sewer line as constructed, and more particularly
described as follows, to -wit: Beginning at a point in the South property line of said Lot 8
which point is approximately 48.6 feet west of the Southeast corner thereof, running thence
in a northwesterly direction to a point in the North property line, which point is approximate.
ly 17 feet east of the Northwest corner thereof.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so
long as such utility lines, manholes, and/or appurtenances thereto shall be main-
tained, with ingress to and egress from the real estate first hereinabove described
for the purpose of constructing, inspecting maintaining and repairing said lines,
manholes, and appurtenances of Grantee above described, and the removal, renewal,
and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the pur-
poses hereinbefore granted to the said Grantee, which hereby agrees to bury all
pipes to a sufficient depth so as not to interfere with cultivation of soil, except that
manholes will be constructed flush with the surface of the ground, and to pay any
damages which may arise to growing crops or fences from the construction, main-
tenance and operation and determined by three disinterested persons, one thereof
to be appointed by the said Grantor; one by the said Grantee; and the third by the
two so appointed as aforesaid, and the written award of such three persons shall be
final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way
other than fences not to exceed five (5) feet in height.
The consideration first above recited as being paid to Grantor by Grantee is in
full satisfaction of every right hereby granted. All covenants and agreements herein
contained shall extend to and be binding upon the respective heirs, legal repre-
sentatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of
the Grantee is without authority to make any covenant or agreement not herein
expressed.
WITNESS the execution hereof oil this the day of September 196 0
ACKNOWLEDGMENT
STATE OF ARKANSAS ) ss
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day, before me, a Notary Public within and
for said County and State, duly commissioned and acting, personally appeared
®:me ,vie !'known as the person or persons who executed the foregoing Right of Way
t� i � stated that
.I he had executed the same for the consideration and
Ru�p�ytiirein mentioned and set forth. •Yk.
E5S.my hand and seal on this 10 day of 1960,
`nM1^A4 gorn fission expires:
.H
TA Y PUBLIC
9-
I
I
C
BOOK 543
TRACT NO. RIGHT OF WAY GRANT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON) KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of One and no/100 Dollars ---------------
and other valuable considerations to the undersigned,
Harvey Warford arid-MUdred Warford. h„chand a„d —if,
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby
GRANT, SELL AND CONVE'9 unto the City of Fayetteville, Arkansas, a munfcipal
corporation (herein styled Grantee), its successors and assigns; the rig.ht;of•way
and easement to construct, lay, remove, relay, enlarge and operate sewer pipe
line or lines, no manholes, and appurtenances thereto, on, over, across, and
under the following described real estate, to -wit:
West 1/2 of Lot 7 in Block 2, of Hendry's Addition to the City of Fayetteville, Washington
County, Arkansas.
A permanent easement of 10 feet in width, being 5 feet on each side of a centerline, and
a temporary construction easement for a period of not to exceed one year from the dale
hereof, of 50 feet, being 25 feet on each side of a centerline, the centerline of both
easements being the centerline of a 6 inch sewer line as constructed, and more particularly
described as follows, to -wit: Beginning at a point in the South line of said Lot 7, which
point in 17 feet east of the Southwest corner thereof, running thence northwesterly to
the Northwest corner of said Lot 7.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so
long as such utility lines, manholes, and/or appurtenances thereto shall be main-
tained, with ingress to and egress from the real estate first hereinabove described
for the purpose of constructing, inspecting maintaining and repairing said lines,
manholes, and appurtenances of Grantee above described, and the removal, renewal,
and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the pur-
poses hereinbefore granted to the said Grantee, which hereby agrees to bury all
pipes to a sufficient depth so as not to interfere with cultivation of soil, except that
manholes will be constructed flush with the surface of the ground, and to pay any
damages which may arise to growing crops or fences from the construction, main-
tenance and operation and determined by three disinterested persons, one thereof
to be appointed by the said Grantor; one by the said Grantee; and the third by the
two so appointed as aforesaid, and the written award of such three persons shall be
final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way
other than fences not to exceed five (5) feet in height.
The consideration first above recited as being paid to Grantor by Grantee is in
full satisfaction of every right hereby granted. All covenants and agreements herein
contained shall extend to and be binding upon the respective heirs, legal repre-
sentatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of
the Grantee is without authority to make any covenant or agreement not herein
expressed.%
WITNESS the execution hereof on this the ' day of September 1960
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON) ss
BE IT REMEMBERED, that on this day, before me, a Notary Public within and
for said: County and State, duly commissioned and acting, personally appeared
to;,esse�welhkrlown as the person or persons who executed the foregoing Right of Way
:`Grant, h& 4Nated that they haC executed the same for the consideration and
'spur ose 't ° eim mentioned and set forth.
C AI S, sny hand and seal on this day of e to nb 196 o
y co}ri�ii'esion expires:'T���, /. /l�(✓�
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August 11,2021
Fayetteville City Council
Mountain Street
Fayetteville, AR 72701
Dear City Council Members,
I am a property owner in Fayetteville, east of downtown, in the 200 block of Rock Street. This
property is in an undeveloped area adjacent to property owned by the City of Fayetteville. My
desire is to fulfill the dream of my late mother, Jossie Flowers, who wanted to develop this
property in the 1980s and 1990s. Although her initial dream related to commercial
development, a beauty/barbershop and a beauty supply store, her dream was never realized.
When informed that commercial development could not occur in this area, my mother decided
to build apartments for the disabled (mentally and physically challenged).
This is the first of two requests being made in relation to this property. This initial application
relates to an abandoned line on the west side of the property. The line is not currently being
utilized and no longer show up on the utilities map. Vacating this line will return this segment of
property for use in the development. It will also ensure that no future use by the City Water
and Sewer will occur.
I plan to build a small cottage village located on two lots. This development will maximize the
use of shared green space and capture the innate beauty of this area. My small development is
in line with the 2040 Plan as infill and revitalization are the City's highest priorities. The City has
pledged to support and encourage the development or redevelopment of vacant, mostly
vacant, and underdeveloped property. For this to occur, I request that the 6" sewer line be
relocated to a more appropriate site.
My attached development plan shows evidence of my commitment to creating a site that
would enhance the community and honor my mother, and therefore fulfill the dream of my late
mother.
Thanking you in Advance,
r
(�o�mmie
owers Davis
PETITION TO VACATE
A general utility/water & sewer easement located in the West 1/2 of LOT 7 BLOCK 2 and LOT
8 in BLOCK 2 (EAST of the BRANCH) — HENDRY'S ADDITION to the, CITY of
FAYETTEVILLE, WASHINGTON COUNTY, 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 easement hereinafter
sought to be abandoned and vacated, lying in the West 1/2 of LOT 7 BLOCK 2 and LOT 8 in
BLOCK 2 (EAST of the BRANCH) — HENDRY'S ADDITION to the CITY of
FAYETTEVILLE, WASHINGTON COUNTY, a municipal corporation, petition to vacate an
easement which is described as follows:
A permanent easement of 10 feet in width, being 5 feet on each side of a centerline, and a
temporary construction easement for a period of not to exceed one year from the date hereof, of
50 feet, being 25 feet on each side of a centerline, the centerline of both easements being the
centerline of a 6 inch sewer line as constructed, and more particularly described as follows, to -
wit: Beginning at a point in the South line of said Lot 7, which point in 17 feet east of the
Southwest corner thereof, running thence northwesterly to the Northwest corner of said Lot 7.
A permanent easement of 10 feet in width, being 5 feet on each side of a centerline, and a
temporary construction easement for a period of not to exceed one year from the date hereof, of
50 feet, being 25 feet on each side of a centerline, the centerline of both easements being the
centerline of a 6 inch sewer line as constructed, and more particularly described as follows, to -
wit: Beginning at a point in the South property line and said Lot 8 which point is approximately
48.6 feet west of the Southeast corner thereof, running thence in a northwesterly direction to a
point in the North property line, which point is approximately 17 feet east of the Northwest
corner thereof.
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 approved 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 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 for the use of said alley.
Dated this �cl y of , 20
Panted Name _
Printed Name
Signature
112
• 13 E_,b, 19
�.C. 3CX ICC7, PAYET' Pill-L"c, AR, 479.4 2-1%Dv • F,1X: 179-695-118 • lNbVW.N1, ADG.00M
AFFIDAVIT OF PUBLICATION
1, 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 6484
Was inserted in the Regular Edition on:
September 26, 2021
Publication Charges: $112.48
fS A-*- _& 1 i
Brittany Smith
Subscribed and sworn to before me
This 2,7 day of SV+ , 2021.
(�� b"'13
Notary Public
My Commission Expires: zIZ.12c)
* *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. 1239711a
Ordinance:6494
File Number: 2021.0710
VAC-2021-025 (SOUTH OF 240 E.
ROCK STJFLOWERS-DAVIS):
AN ORDINANCE TO APPROVE VAC
21-025 FOR PROPERTY LOCATED
SOUTH OF 240 EAST ROCK STREET
TO VACATE A PORTION OF A
WATER/SEWER RIGHT OF WAY
GRANT
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 a water/sewer right of way
grant 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 a portion of a water/sewer right
of way grant 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 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
9/21/2021
Approved:
Lioneld 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:
$112.48
75470032 Sept26,2021