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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' �- W i '''l-'.: z > oY I ; U i iimi_- MOUNTAIN ST 1 I Ill il" > Q IMF-'-1 MITI > ` O Ui ' 0 _ 1 ili ±- .,, . .. ,•': O 1111 I Subject Property _ I ROCK ST ........ROCK ST i \--1/1-r\4(‘'N- 1)-1 ROCK-ST LSD R-O �I W 0 J `:J v ti - c • diti‘ J 1 i IN Ittil N 4" SOUTH ST Ak,. G+ RSF-18 �CW sLi Q ali � • 4 �(4 WALKER RD IP • Z . ♦ / O ,,� W .. -up MN f 1 • • P 44 i__, NI ` v - 3 mil . * GO ,p *' ,4., NORTH RSF-8 RSF-18 IIIIIRI-U ME Urban Center RMF-24 Hillside-Hilltop Overlay District Feet Residential Office ✓ _ _ MINN IMME =Downtown Core 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 Close Up View NTAIN, W a I� W J J 0 ROMST W Q W W .;-.I J 0 0 S — Urban Center Hillside -Hilltop Overlay District — ` Planning Area L — I Fayetteville City Limits Design Overlay District W a z 0 F_ 0 z Flowers -Davis Subject Property W Q Feet 0 75 150 300 450 600 1 inch = 200 feet -g WALKER R0 A& NORTH RSF-8 RSF-18 RI-U RMF-24 Residential -Office Downtown Core Downtown General Neighborhood Conservation P-1 �e 1 N E 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�(✓� 1 Cs NOTARY PUBLIC P cy N I LEIC"KER HOMES LLC CITY OF FAYETrEVILLE 4N gR617yop 765-6n$7-00D a, 9'FRi ILLE W-(02)QT3 j! H11471 BLUE -02 24 RCP Er 18 :P f7' k GALV 7, 0 cmp W- 1 243 ON Mc h ------ C11 OF. j:-je FAYETTE:IALLE'< L < FLOWERS-09VIS,702" MIR XX FLOWERS,GEORGE E 7"6328-ON C3 MAYFIELD, AMY 4 Q V 765-MZT-ODD J g� In kt GREENE. CAITLYN ALISON; GREENE, BRYAN FRANTZ 7MOS319-000 ? law -(021084 OF FAYETrEXLLE 76642661-000 %p SHAIN, JACKJE L, FLOWERS-OAV15,40MNIFE $WEARS, 70RFUE: FORSE,5, "'JO: FLOWERS. &EORCE— 'JAfME 765-06320-000 'FM L;W cp h R. CITY 0 V FAYETTEVILLE ry 766-M30-000 p 14 06321 -WIM-ANTHONo 16 788-NY 219 I w 02)083: STEVENS PROPERTIES -%YErrEVILLE LLC N .0290-M STEVENS PROPERTIES FAYETTEVILLE LLC VV+E T615 765-06333-000 R 2 BERRY. A-lnLA 6. S TATrEK VLAD P. -1 NKNO UWND69- f T= o 5 io 20 S FTEVENSAYETTEVIPROPERTIES LLE LLC _C 1 -4 'R .�Z T%im� Feet 7eg-063311-m my 5571o® ooa� II 01 3NI� HOiVU�ni-!2n-,q4* 1-1 H31VA--- Lou cc 4 W 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