HomeMy WebLinkAboutOrdinance 6496of FpYErJF
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113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6496
File Number: 2021-0767
VAC-2020-005 (2020 S. CLINE AVEJCLINE AVE. ROW):
I IIIIIII IIIIII III IIIII I I II I III I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 020206670005 Type: REL
Kind: ORDINANCE
Recorded: 10/29/2021 at 01:06:01 PM
Fee Amt: $35.00 Pape i of 5
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2021-00041785
AN ORDINANCE TO APPROVE VAC 20-05 FOR PROPERTY LOCATED AT 2020 SOUTH
CLINE AVENUE TO VACATE PORTIONS OF EXISTING STREET RIGHT-OF-WAY AND
PORTIONS 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 portions of a street
right-of-way and a general utility easement are 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 portions of a
general utility easement and a street right-of-way as described in Exhibit B attached to the Planning
Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
The city shall retain a portion of the utility easement along the western boundary of Lots 8 through
10 for overhead electric facilities to serve adjacent property; and
Page 1 Printed on 10120121
Ordinance: 6496
File Number. 2021-0767
2. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's
expense.
PASSED and APPROVED on l0/19/2021
Approi d: Attest: `,���rrrrrrrrrrlf1
• .��1/4N G>oRK rRF9',
.�/L_ /a �.al �- wGG� - ' FAY' _
t'TcVILLE:
Lioneld J- dan, ayor Kara Paxton, City Clerk Treasurtt�•. ;
;may•-9,p,. �c_•
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Page 2 Printed on 10/20/21
VAC-2020-000005 Cline Ave
VAC-2020-000005
Close Up View EXHIBIT 'A'
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Neighborhood Link I-1 Heavy Commercial and Light Industrial
Feet •t Neighborhood Services-Gen.
1 - - I Planning Area - Commercial,Industrial,Residential
- - -I P 1
Fayetteville City Limits 0 75 150 300 450 600
1 inch = 200 feet
---• Shared-Use Paved Trail
VAC-2020-000005
EXHIBIT 'B'
DESCRIPTION: S.CLINE AVE.RIGHT OF WAY VACATION
A portion of S.Cline Ave.located in McClinton's Second Addition to the City of Fayetteville,Arkansas
located in the Southwest Quarter(SW 1/4) of the Southwest Quarter(SW 1/4)of Section 21,Township
16 North,Range 30 West being more particularly described as follows: BEGIN at the found rebar
pin at the Southeast corner of Lot 8 in said McClinton's Second Addition to the City of Fayetteville,
Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records of
Washington County,Arkansas,run thence North 03°17' 53"East along the West right of way line of
said S.Cline Ave.a distance of 90.00 feet to the northeast corner of said Lot 8 in said addition;
thence leaving said west right of way line South 87°06' 07"East along the north line of said
addition a distance of 50.00 feet to the northwest corner of Lot 7 in said addition;thence leaving
said north line South 03°17' 53"West along the east right of way line of S.Cline Ave.a distance of
270.00 feet to found rebar pin at the southwest corner of Lot 5 in said addition;thence leaving said
east right of way line North 87°06' 07"West a distance of 50.00 feet to the southeast corner of Lot
10 in said addition;thence North 03° 17'53"East along said west right of way line a distance of
180.00 feet to the point of beginning,containing 13,500 square feet or 0.30 acres,more or less.
DESCRIPTION: UTILITY EASEMENT TRACT"A"VACATION
A portion of the utility easement located in West side of McClinton's Second Addition to the City of
Fayetteville,Arkansas located in the Southwest Quarter(SW 1/4) of the Southwest Quarter(SW 1/4)
of Section 21,Township 16 North,Range 30 West being more particularly described as follows:
Commence at the found rebar pin at the Southeast corner of Lot 8 in said McClinton's Second
Addition to the City of Fayetteville,Arkansas as shown on plat of said addition recorded in File 1-
00000148 in the records of Washington County,Arkansas,run thence North 03° 17'53"East along
the West right of way line of said S.Cline Ave.a distance of 80.00 feet to the"TRUE POINT OF
BEGINNING"of this easement vacation description;thence leaving said west right of way line North
87°06' 07"West a distance of 120.00 feet;thence North 03° 17'53" East a distance of 10.00 feet to
the North line of Lot 8 in said addition;thence South 87°06' 07"East along the North line of said
Lot 8 in said addition a distance of 120.00 feet to the Northeast corner of said Lot 8;thence leaving
said North line South 03° 17'53"West along the East line of said Lot 8 a distance of 10.00 feet to the
Point of Beginning,containing 1,200 square feet or 0.03 acres,more or less.
DESCRIPTION: UTILITY EASEMENT TRACT"B"VACATION
All of the utility easement located in the East side of McClinton's Second Addition to the City of
Fayetteville,Arkansas located in the Southwest Quarter(SW 1/4)of the Southwest Quarter(SW 1/4)
of Section 21,Township 16 North,Range 30 West being more particularly described as follows:
BEGIN at the Northwest corner of Lot 7 in said McClinton's Second Addition to the City of
Fayetteville,Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records
of Washington County,Arkansas,run thence South 87°06' 07"East along the North line of said Lot
7 a distance of 130.00 feet to the Northeast corner of Lot 7;thence leaving said North line South 03°
17'53"West along the East line of said addition a distance of 608.20 feet to the North right of way
line of W.Cato Springs Rd.;thence leaving said East line North 86°57'55"West along said North
right of way line a distance of 10.00 feet;thence leaving said North right of way line North 03°17'
53" East a distance of 598.17 feet;thence North 87°06'07"West a distance of 120.00 feet to the
West line of said Lot 7 in said addition;thence North 03° 17' 53"East along said West line of said
Lot 7 a distance of 10.00 feet to the Point of Beginning,containing 7,283 square feet or 0.17 acres,
more or less.
Washington County,AR
I certify this instrument was filed on
10/29/2021 01:06:01 PM
and recorded in Real Estate
File Number 2021-00041785
Kyle Sylvester- Circuit Clerk
by _.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0767
Agenda Date: 10/19/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
VAC-2020-005 (2020 S. CLINE AVE./CLINE AVE. ROW):
AN ORDINANCE TO APPROVE VAC 20-05 FOR PROPERTY LOCATED AT 2020 SOUTH CLINE
AVENUE TO VACATE PORTIONS OF EXISTING STREET RIGHT-OF-WAY AND PORTIONS 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 portions of a street right-of-way
and a general utility easement are 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 portions of a general
utility easement and a street right-of-way as described in Exhibit B attached to the Planning Department's
memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A
to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. The city shall retain a portion of the utility easement along the western boundary of Lots 8 through 10 for
overhead electric facilities to serve adjacent property; and
2. 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 1012012021
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2021-0767
Legistar File ID
10/19/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/1/2021 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
VAC-2020-000005: Vacation (2020 S. CLINE AVE./CLINE AVE. R-O-W, 600): Submitted by OLSSON ENGINEERS, INC.
for right of way and general utility easement located at 2020 S. CLINE AVE. The right of way and easement are
within property that is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE. The request is to vacate
portions of existing street right of way containing approximately 0.30 acres and existing portions of a utility
easement containing approximately 0.20 acres.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
---' FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 19, 2021
TO: Mayor; Fayetteville City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
MEETING DATE: October 1, 2021
SUBJECT: VAC-2020-000005: Vacation (2020 S. CLINE AVE./CLINE AVE. R-O-W,
600): Submitted by OLSSON ENGINEERS, INC. for right of way and
general utility easement located at 2020 S. CLINE AVE. The right of way
and easement are within property that is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE. The request is to vacate portions
of existing street right of way containing approximately 0.30 acres and
existing portions of a utility easement containing approximately 0.20 acres.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to vacate a
portion of public right-of-way as described and shown in the attached Exhibits `A' and `B' and with
the following conditions of approval:
1. Retain utility easement along western boundary of Lots 8 through 10 for overhead electric
facilities being used to serve adjacent property; and
2. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
BACKGROUND:
The subject property is located in south Fayetteville, between S. School and S. Garland Avenues
to the east and west, and approximately 450 feet north of Cato Springs Drive. More specifically,
the property includes the northern extent of Cline Avenue's right-of-way. Cline Avenue is a dead-
end street that was platted with the McClintons 2"d Addition. The right-of-way to be vacated
consists of 0.30 acres; associated utility easements to be vacated consist of a total of 0.20 acres.
The University of Arkansas owns all properties adjacent to the right-of-way and easements
proposed for abandonment. In 2020, the University of Arkansas began construction of the
Engineering Research Center, a building that straddles the right-of-way.
Proposal: The applicant proposes to vacate 0.30 acres of public right-of-way along S. Cline
Avenue, as well as two portions of a general utility easement, one totaling 0.03 acres, the other
totaling 0.17 acres. The request is to accommodate use of the property for the new Civil
Engineering Research Center Structures Lab, which is currently under construction by the
University of Arkansas. The application was submitted in September of 2020, however the
required owner authorization from the University was not submitted until August of 2021.
DISCUSSION:
Staff supports the vacation request as indicated, for both the existing right-of-way and utility
easements. Typically, City Plan 2040 and its specified goal of encouraging complete, compact,
and connected developments direct staff towards a recommendation of denial for historically
platted right-of-way serving a residential neighborhood. That said, staff finds that given the right-
of-way proposed for vacation is encroached upon and surrounded by an institutional use and
property owner, it no longer serves the purpose of neighborhood connectivity. Similarly, the
specific institutional property owner is the University of Arkansas, a state institution that is not
subject to the City of Fayetteville's zoning requirements nor design requirements. This contributed
to work on the building beginning prior to vacation approval. Lastly, the applicant has submitted
the required vacation forms to the relevant City departments and franchise utility companies,
receiving consent from all.
At the September 27, 2021 Planning Commission meeting, this item was forwarded to City
Council on the consent agenda. Commissioner Belden made the motion with Commissioner
Winston providing the second. No public comment was received at or in advance of the
meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC-2020-000005
Close Up View
P-1
Neighborhood Link
Planning Area
1
Fayetteville City Limits
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Cline Ave
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EXHIBIT 'A'
1 WAY
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Feet
0 75 150 300 450 600
1 inch = 200 feet
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RSF-4
RMF-24
1-1 Heavy Commercial and Light Industrial
Neighborhood Services - Gen.
= Commercial, Industrial, Residential
P-1
VAC-2020-000005
EXHIBIT 'B'
DESCRIPTION: S. CLINE AVE. RIGHT OF WAY VACATION
A portion of S. Cline Ave. located in McClinton's Second Addition to the City of Fayetteville, Arkansas
located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4.) of Section 21, Township
16 North, Range 30 West being more particularly described as follows: BEGIN at the found rebar
pin at the Southeast corner of Lot 8 in said McClinton's Second Addition to the City of Fayetteville,
Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records of
Washington County, Arkansas, run thence North 03' 17' 53" East along the West right of way line of
said S. Cline Ave. a distance of 90.00 feet to the northeast corner of said Lot 8 in said addition;
thence leaving said west right of way line South 87' 06' 07" East along the north line of said
addition a distance of 50.00 feet to the northwest corner of Lot 7 in said addition; thence leaving
said north line South 03' 17' 53" West along the east right of way line of S. Cline Ave. a distance of
270.00 feet to found rebar pin at the southwest corner of Lot 5 in said addition; thence leaving said
east right of way line North 87' 06' 07" West a distance of 50.00 feet to the southeast corner of Lot
10 in said addition; thence North 03' 17' 53" East along said west right of way line a distance of
180.00 feet to the point of beginning, containing 13,500 square feet or 0.30 acres, more or less.
DESCRIPTION: UTILITY EASEMENT TRACT "A" VACATION
A portion of the utility easement located in West side of McClinton's Second Addition to the City of
Fayetteville, Arkansas located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4)
of Section 21, Township 16 North, Range 30 West being more particularly described as follows:
Commence at the found rebar pin at the Southeast corner of Lot 8 in said McClinton's Second
Addition to the City of Fayetteville, Arkansas as shown on plat of said addition recorded in File 1-
00000148 in the records of Washington County, Arkansas, run thence North 03' 17' 53" East along
the West right of way line of said S. Cline Ave. a distance of 80.00 feet to the "TRUE POINT OF
BEGINNING" of this easement vacation description; thence leaving said west right of way line North
87' 06' 07" West a distance of 120.00 feet; thence North 03' 17' 53" East a distance of 10.00 feet to
the North line of Lot 8 in said addition; thence South 87' 06' 07" East along the North line of said
Lot 8 in said addition a distance of 120.00 feet to the Northeast corner of said Lot 8; thence leaving
said North line South 03' 17' 53" West along the East line of said Lot 8 a distance of 10.00 feet to the
Point of Beginning, containing 1,200 square feet or 0.03 acres, more or less.
DESCRIPTION: UTILITY EASEMENT TRACT "B" VACATION
All of the utility easement located in the East side of McClinton's Second Addition to the City of
Fayetteville, Arkansas located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/a)
of Section 21, Township 16 North, Range 30 West being more particularly described as follows:
BEGIN at the Northwest corner of Lot 7 in said McClinton's Second Addition to the City of
Fayetteville, Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records
of Washington County, Arkansas, run thence South 87' 06' 07" East along the North line of said Lot
7 a distance of 130.00 feet to the Northeast corner of Lot 7; thence leaving said North line South 03'
17' 53" West along the East line of said addition a distance of 608.20 feet to the North right of way
line of W. Cato Springs Rd.; thence leaving said East line North 86' 57' 55" West along said North
right of way line a distance of 10.00 feet; thence leaving said North right of way line North 03' 17'
53" East a distance of 598.17 feet; thence North 87' 06' 07" West a distance of 120.00 feet to the
West line of said Lot 7 in said addition; thence North 03' 17' 53" East along said West line of said
Lot 7 a distance of 10.00 feet to the Point of Beginning, containing 7,283 square feet or 0.17 acres,
more or less.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
MEETING DATE: September 27, 2021 (Updated with Planning Commission Results)
SUBJECT: VAC-2020-000005: Vacation (2020 S. CLINE AVE./CLINE AVE. R-O-W,
600): Submitted by OLSSON ENGINEERS, INC. for right of way and
general utility easement located at 2020 S. CLINE AVE. The right of way
and easement are within property that is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE. The request is to vacate portions
of existing street right of way containing approximately 0.30 acres and
existing portions of a utility easement containing approximately 0.20 acres.
RECOMMENDATION:
Staff recommends forwarding VAC-2020-000005 to the City Council with a recommendation of
approval and a condition based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward VAC-2020-000005 to the City Council with a recommendation for approval and
conditions recommended by staff."
BACKGROUND:
The subject property is located in south Fayetteville, between S. School and S. Garland Avenues
to the east and west, and approximately 450 feet north of Cato Springs Drive. More specifically,
the property includes the northern extent of Cline Avenue's right-of-way. Cline Avenue is a dead
end street that was platted with the McClintons 2n' Addition. The right-of-way to be vacated
consists of 0.30 acres; associated utility easements to be vacated consist of a total of 0.20 acres.
The University of Arkansas owns all properties adjacent to the right-of-way and easements
proposed for abandonment. In 2020, the University of Arkansas began construction of the
Engineering Research Center, a building that straddles the right-of-way. Surrounding land uses
and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Institutional (University of Arkansas Engineering
Research Center
1-1, Heavy Commercial and Light Industrial
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
East
Institutional (University of Arkansas Engineering
Research Center
RSF-4, Residential Single -Family, 4 Units per Acre
West
Single -Family Residential
RPZD The Bungalows at Cato Springs)
Proposal. The applicant proposes to vacate 0.30 acres of public right-of-way along S. Cline
Avenue, as well as two portions of a general utility easement, one totaling 0.03 acres, the other
totaling 0.17 acres. The request is to accommodate use of the property for the new Civil
Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 1 of 11
Engineering Research Center Structures Lab, which is currently under construction by the
University of Arkansas. The application was submitted in September of 2020, however the
required owner authorization from the University was not submitted until August of 2021.
DISCUSSION:
Staff supports the vacation request as indicated, for both the right-of-way and the existing utility
easements. 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 given the area's
surroundings by institutional uses and property owners, the right-of-way as it stands no longer
serves the purpose of neighborhood connectivity. Staff also finds that the entity that owns the
surrounding property, the University of Arkansas, as a state institution, is not subject to the City
of Fayetteville zoning requirements, nor design requirements that may typically be required for
non-residential uses. This contributed to work on the building beginning prior to vacation approval.
Franchise Utility Consent: The applicant has submitted the required vacation forms to the relevant
City departments and franchise utility companies with the following responses:
Utility
Cox Communications
AEP/SWEPCO
BlackHills Energy AR
AT&T
Ozarks Electric
City of Fayetteville
Water/Sewer
Solid Waste & Recycling
Transportation
Public Comment:
No public comment has been received.
Response
Any damage or relocation of existing Cox
facilities will be at the applicant's expense.
Retain U.E. along western boundary of lots 8
through 10 for overhead electric facilities
being used to serve adjacent property.
No objections and no comment.
No objections and no comment.
No objections and no comment.
Response
No objections and no comment.
No objections and no comment.
No objections and no comment.
RECOMMENDATION: Staff recommends forwarding VAC-2020-000005 to the City Council with
a recommendation for approval, subject to the following conditions:
Conditions of Approval:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense.
Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 2 of 11
2. Retain utility easement along western boundary of lots 8 through 10 for overhead electric
facilities being used to serve adjacent property.
PLANNING COMMISSION ACTION: Required YES
Date: September 27, 2021 O Tabled M Forwarded O Denied
Motion: Belden, on the consent agenda
ISecond: Winston
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• McClinton's Second Addition
• Letter of Intent
• Petition to Vacate
• Vacation Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 3 of 11
yq vh.�p� VAC-2020-000005 '
McClinton's
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Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 4 of 11
VAC-2020-000005
Letter of
Intent
Planning Department
City of Fayetteville
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701
Re: Application for Street and Easement Vacation
City of Fayetteville, Arkansas
Olsson Project No. 020-0511
Dear Planning Department,
Enclosed are the application materials for the vacation of part of South Cline Avenue and
existing general utility easements in McClinton's 2nd Addition to The City of Fayetteville,
Arkansas.
The reason for this street and easement vacation request is to accommodate the construction of
the New Civil Engineering Research Center Structures lab. The Existing utilities within the
vacation area will be abandoned during construction of the New Civil Engineering Research
Center Structures Lab.
Thank you for your consideration of this application.
Sincerely,
(T A-C2- ai�f�
Gary Lee Denzer, PS 1266
Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 5 of 11
VAC-2020-000005
Petition
PETITION to Vacate
PETITION TO VACATE PART OF A STREET RIGHT OF WAY AND TWO EXISTING EASEMENTS
LOCATED IN MCCLINTON'S SECOND ADDITION, 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 street right of way and two
easements hereinafter sought to be abandoned and vacated, lying in McClinton's Second Addition,
City of Fayetteville, Arkansas, a municipal corporation, petition to vacate part of a street right of
way and two easements which is described as follows:
DESCRIPTION: S. CLINE AVE. RIGHT OF WAY VACATION
A portion of S. Cline Ave. located in McClinton's Second Addition to the City of Fayetteville, Arkansas
located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 21, Township
16 North, Range 30 West being more particularly described as follows: BEGIN at the found rebar
pin at the Southeast corner of Lot 8 in said McClinton's Second Addition to the City of Fayetteville,
Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records of
Washington County, Arkansas, run thence North 03' 17' 53" East along the West right of way line of
said S. Cline Ave. a distance of 90.00 feet to the northeast corner of said Lot 8 in said addition;
thence leaving said west right of way line South 87' 06' 07" East along the north line of said
addition a distance of 50.00 feet to the northwest corner of Lot 7 in said addition; thence leaving
said north line South 03017' 53" West along the east right of way line of S. Cline Ave. a distance of
270.00 feet to found rebar pin at the southwest corner of Lot 5 in said addition; thence leaving said
east right of way line North 87° 06' 07" West a distance of 50.00 feet to the southeast corner of Lot
10 in said addition; thence North 030 17' 53" East along said west right of way line a distance of
180.00 feet to the point of beginning, containing 13,500 square feet or 0.30 acres, more or less.
DESCRIPTION: UTILITY EASEMENT TRACT "A" VACATION
A portion of the utility easement located in West side of McClinton's Second Addition to the City of
Fayetteville, Arkansas located in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4)
of Section 21, Township 16 North, Range 30 West being more particularly described as follows:
Commence at the found rebar pin at the Southeast corner of Lot 8 in said McCinton's Second
Addition to the City of Fayetteville, Arkansas as shown on plat of said addition recorded in File 1-
00000148 in the records of Washington County, Arkansas, run thence North 03' 17' 53" East along
the West right of way line of said S. Cline Ave. a distance of 80.00 feet to the "TRUE POINT OF
BEGINNING" of this easement vacation description; thence leaving said west right of way line North
87' 06' 07" West a distance of 120.00 feet; thence North 03' 17' 53" East a distance of 10.00 feet to
the North line of Lot 8 in said addition; thence South 87' 06' 07" East along the North line of said
Lot 8 in said addition a distance of 120.00 feet to the Northeast corner of said Lot 8; thence leaving
said North line South 03' 17' 53" West along the East line of said Lot 8 a distance of 10.00 feet to the
Point of Beginning, containing 1,200 square feet or 0.03 acres, more or less.
Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 6 of 11
DESCRIPTION: UTILITY EASEMENT TRACT "B" VACATION
All of the utility easement located in the East side of McClinton's Second Addition to the City of
Fayetteville, Arkansas located in the Southwest Quarter (SW i4) of the Southwest Quarter (SW 1/4)
of Section 21, Township 16 North, Range 30 West being more particularly described as follows:
BEGIN at the Northwest corner of Lot 7 in said McClinton's Second Addition to the City of
Fayetteville, Arkansas as shown on plat of said addition recorded in File 1-00000148 in the records
of Washington County, Arkansas, run thence South 87° 06' 07" East along the North line of said Lot
7 a distance of 130.00 feet to the Northeast corner of Lot 7; thence leaving said North line South 030
1753" West along the East line of said addition a distance of 608.20 feet to the North right of way
line of W. Cato Springs Rd.; thence leaving said East line North 86' 57' 55" West along said North
right of way line a distance of 10.00 feet; thence leavingsaid North right of way line North 03° 17'
53" West a distance of 598.17 feet; thence North 87° 06' 07" West a distance of 120.00 feet to the
West line of said Lot 7 in said addition; thence North 03° 1753" East along said West line of said
Lot 7 a distance of 10,00 feet to the Point of Beginning, containing 7,283 square feet or 0.17 acres,
more or less.
That the abutting real estate affected by said abandonment of the street right of way and existing
easements are Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 & 10, in McClinton's 2nd Addition to the City of Fayetteville
used by the public for a period of many years, and that the public interest and welfare would not be
adversely affected by the abandonment of the portion of the above described street right of way
and two easements.
The petitioners pray 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.
The petitioners further pray that the above described real estate be vested in the abutting property
owners as provided by law.
WHERETOFORE, 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 ?-A day of AX-2 20 ge.
James A Ciell
Printed Name
=1
Planning Commission
September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 7 of 11
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September 27, 2021
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 8 of 11
Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 9 of 11
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Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 10 of 11
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Agenda Item 6
VAC 20-000005 Cline Ave ROW
Page 11 of 11
K_IANNO
DemocmdL a Q
F.^ 20X 1E07, FAYETTEVILLE, AR 727C2. 479-442.1%00 - FAX 479-69,�-1118. W VA' NWADU C0M
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 6496
Was inserted in the Regular Edition on:
October 24, 2021
Publication Charges: $127.68
6A- SAY, -
Brittany §mith
Subscribed and sworn to before me
This2S-day of -- , 2021.
0,4� b,,�
Notary Public
My Commission Expires: 2)1_47_�
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC - AR'KANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Ordinance: 6496
File Number: 2021-0767
VAC-2020-005 (2020 S. CLINE
AVE./CLINE AVE. ROW):
AN ORDINANCE TO APPROVE VAC
20-05 FOR PROPERTY LOCATED AT
2020 SOUTH CLINE AVENUE TO
VACATE PORTIONS OF EXISTING
STREET RIGHT-OF-WAY AND
PORTIONS OF A GENERAL
UTILITY EASEMENT
WHEREAS, the City Council has the
authority under A.C.A. 6 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
portions of a street right-of-way and a
general utility easement are 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 portions of a general utility
easement and a street right-of-way as
described in Exhibit B attached to the
Planning Department's memo.
Section 2: A copy of this Ordinance duly
certified by the City Clerk along with the
map attached as Exhibit A to the
Planning Department's memo shall be
filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is
subject to the following conditions:
1. The city shall retain a portion
of the utility easement along the western
boundary of Lots 8 through 10 for
overhead electric facilities to serve
adjacent property; and
2. Any relocation of or damage
to existing utilities or existing facilities
shall be at the owner/developees
expense.
PASSED and APPROVED on
1 tU 19/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer of
the City of Fayetteville, Arkansas.
Amount paid: E127.68.
75481074 Oct 24, 2021
OF FAYE,TF
� L
1
4 _ • i�
G
li
441 ANSPS
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6496
File Number: 2021-0767
VAC-2020-005 (2020 S. CLINE AVE./CLINE AVE. ROW):
AN ORDINANCE TO APPROVE VAC 20-05 FOR PROPERTY LOCATED AT 2020 SOUTH
CLINE AVENUE TO VACATE PORTIONS OF EXISTING STREET RIGHT-OF-WAY AND
PORTIONS 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 portions of a street
right-of-way and a general utility easement are 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 portions of a
general utility easement and a street right-of-way as described in Exhibit B attached to the Planning
Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County
Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. The city shall retain a portion of the utility easement along the western boundary of Lots 8 through
10 for overhead electric facilities to serve adjacent property; and
Page 1 Printed on 10120121
Ordinance: 6496
File Number: 2021-0767
2. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's
expense.
PASSED and APPROVED on 10/19/2021
Approved:
Lioneld Jordan, Mayor
Page 2
Attest:
Kara Paxton, City Clerk Treasurer
Printed on 10120121
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid: $ 127.68