Loading...
HomeMy WebLinkAboutOrdinance 6540113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6540 File Number: 2022-0133 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 020434150004 Type: REL Kind: ORDINANCE Recorded: 03/!0/2022 at 02:12:38 PM Fee Amt. $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2022-0000812 /% AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a water/sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a water/sewer easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. The existing 2 '/4-inch water line shall be relocated outside of the development footprint in a dedicated water easement; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. Page 1 Pdnbd on 312122 Ordinance: 6540 File Number. 2022-0133 PASSED and APPROVED on 3/1/2022 Attest: R K Kara Paxton, City Clerk Treasurer= EN I// , ,IN i 11►,` Page 2 Printed an 3/2/22 VAC-2022-000002 Close Up View v' M LO } w ..I -ALLEY-333 iL [9 LU ffilio� LLE (3i�8 w W O O x J QN 430 W DICKSON ST 1� FOT w �= LAFAYETTE ST (++Subject Property f w Q f= LU 3: a" iiCKSON STD Urban Center Planning Area .7.7.7 Feet Fayetteville City Limits Shared -Use Paved Trail 0 75 150 300 450 Design Overlay District 1 inch = 200 feet .11 VAC-2022-000i EXHI BIT 'A' Q J wi m a 2 w Q r• .� D U I i NORTH RMF-40 Main Street Center MI Downtown General M, Neighborhood Conservation VAC-2022-000002 EXHIBIT 'B' Bates(, Associates,inc. Civil Engineering - Land Surveying - Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 " FAX: 479-521-9350 www.batesnwa.com January 7, 2022 RE: Legal Description of portion of a 15' Water / Sewer utility easement (per Right -of -Way grant 1292-156) to be vacated LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EXISTING UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02050'59"E 12.00', THENCE S8700I'23"E 400.81' TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LINE N02051'0I "E 109.32' TO THE TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LINE OF LOT 6 N02051'0I "E 15.00' TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87008'59"E 73.75', THENCE LEAVING SAID NORTH LINE S02051'0I "W 15.00' TO A POINT ON THE SOUTH LINE OF SAID EXISTING 15' WIDE UTILITY EASEMENT, THENCE ALONG SAID SOUTH LINE N87008'59"W 73.75' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 03/10/2022 02:12:38 PM and recorded in Real Estate File Number 2022-00008127 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0133 Agenda Date: 3/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 VAC-2022-002: (430 W. DICKSON ST./TIN ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a water/sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a water/sewer easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. The existing 2 1/4-inch water line shall be relocated outside of the development footprint in a dedicated water easement; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. City of Fayetteville, Arkansas Page 1 Printed on 31212022 City of Fayetteville Staff Review Form 2022-0133 Legistar File ID 3/1/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/11/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-000002: Vacation (430 W. DICKSON ST./TIN ROOF BAR, 484): Submitted by MODUS STUDIO for property located at 430 W. DICKSON ST. The property is zoned MS-C, MAIN STREET -CENTER and contains approximately 0.2S acres. The request is to vacate an approximately 0.03 acre portion of a water/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 MARCH 1, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: February 11, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-000002: Vacation (430 W. DICKSON ST./TIN ROOF BAR, 484): Submitted by MODUS STUDIO for property located at 430 W. DICKSON ST. The property is zoned MS-C, MAIN STREET -CENTER and contains approximately 0.25 acres. The request is to vacate an approximately 0.03 acre portion of a water/sewer easement. RECOMMENDATION: Staff recommends approval of VAC-2022-000002 as shown in the attached Exhibits 'A' and 'B', and with the following condition of approval: 1. Existing 2 1/4-inch water line shall be relocated outside of the development footprint in a dedicated water easement; 2. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is located in downtown Fayetteville, at the northeast corner of N. West Avenue and W. Dickson Street. The property contains approximately 0.25 acres, and is the former site of Hog Haus Brewing Co. The property is developed with a roughly 11,172 square foot two- story building which was built in 1910. The structure recently underwent a renovation that includes significant interior and exterior modification. Request: The applicant proposes to vacate and relocate a portion of an existing water/sewer easement as indicated in the attached exhibits and totaling approximately 0.03 acres. A 2 1/4-inch private water connection is located outside of the easement and bisects the property. DISCUSSION: The applicant submitted the required approvals from the public and private utility and service providers with no objections. Additionally, rededication of the water/sewer easement and reconfiguration of the line will maintain contiguity with existing easements and mains to the north and south. With submittal of the required vacation forms and utility consent, 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 • Request Letter • Petition to Vacate • Survey VAC-2022-000002 Close Up View .4 k— l ;�_I Urban Center Planning Area Fayetteville City Limits t - -- - - -• Shared -Use Paved Trail Design Overlay District 430 W DICKSON S T I VAC-2022-000c EXHIBIT 'A' N LAFAYEI J= o 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 W / > 1 1 1 N 1 3 l 1 II ST Subject Property ICKSOWST Feet 0 75 150 300 450 600 1 inch = 200 feet W a J J W - I NORTH RMF-40 Main Street Center Downtown General Neighborhood Conservation ates & Associates, I nc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 www.batesnwa.com January 7, 2022 RE: Legal Description of portion of a 15' Water / Sewer utility easement (per Right -of -Way grant 1292-156) to be vacated LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EXISTING UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N02050'59"E 12.00', THENCE S87001'23"E 400.8F TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LINE N0205 F01 "E 109.32' TO THE TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LINE OF LOT 6 N0205l'OI "E 15.00' TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87008'59"E 73.75', THENCE LEAVING SAID NORTH LINE S02.51'01 "W 15.00' TO A POINT ON THE SOUTH LINE OF SAID EXISTING 15' WIDE UTILITY EASEMENT, THENCE ALONG SAID SOUTH LINE N87°08'59"W 73.75' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. modusstdo a r c h i t e c t u r e + p r o t o t y p i n g 2022.01.24 To: The Fayetteville City Council www.modusstudio.com contact ®modusstudio.com 15 n. church ave. #102 Fayetteville, ar 72701 4 7 9 4 5 5 5 5 7 7 On behalf of the 430 W Dickson Street property owners, we are requesting to vacate the existing water/sewer easement located north of the current building. This easement does not contain active utilities and is located in the middle of the lot dividing the space very inefficiently. The current/new restaurant tenant, Tin Roof, hopes to install walk-in coolers behind the kitchen and active this concrete pad with an outdoor bar and temporary stage. This space has recently been approved for a Conditional Use Permit for outdoor music and with this easement vacation we are one step closer to welcoming an exciting new business to the City that is perfectly in line with the downtown Entertainment District. We are happy to answer questions and provide any additional information that you may need. Sincerely, Matt Poe, AIA Associate 430 W DICKSON EASEMENT PETITION PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN LOT 6, BLOCK 6 OF COUNTY COURT 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 easement hereinafter sought to be abandoned and vacated, lying in LOT 6, BLOCK 6 OF COUNTY COURT ADDITION, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, SAID PORTION OF THE EXISTING UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°50'59"E 12.00', THENCE S87'01'23"E 400.81' TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LINE NO2°51'01 "E 109.32' TO THE TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LINE OF LOT 6 NO2°51'0I "E 15.00' TO THE NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87°08'59"E 73.75', THENCE LEAVING SAID NORTH LINE S02°51'01 "W 15.00' TO A POINT ON THE SOUTH LINE OF SAID EXISTING 15' WIDE UTILITY EASEMENT, THENCE ALONG SAID SOUTH LINE N87°08'59"W 73.75' TO THE POINT OF BEGINNING, CONTAINING 0.03 ACRES, MORE OR LESS. There will not be any abutting real estate affected by said abandonment considering the easement on private property is not currently occupied therefore the public interest and welfare would not be adversely affected by the easement vacation of the portion of the above described easement. The petitioners 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 utility easements of the public for the use of said abandoned utilities. Dated this _24_ day of January , 2022 Printed Name Signature N �o�T_ ❑V1 LAST SITE VISIT: JANUARY 6, 2022 BASIS OF BEARING: GPS OBSERVATION- AR NORTH ZONE REFERENCE DOCUMENTS: I) PLAT OF SURVEY FILED IN BOOK 20M AT PAGE 43780 2) PLAT OF SURVEY FILED IN BOOK 20N AT PAGE 35383 3) WARRANTY DEED FILED IN BOOK 2018 AT PAGE 32474 4) COUNTY COURT PLAT FILED IN BOOK AT PAGE 5) PLAT OF SURVEY FILED IN DRAWER 3 AT PAGE 409 6) PLAT OF SURVEY FILED IN BOOK 2013 AT PAGE 36272 ]) RIGHT-OF-WAY GRANT FILED M BOOK 1292 AT PAGE 144 A) RIGHT-OF-WAY GRANT FILED IN BOOK 1292 AT PAGE 148 9) RIGHT-OF-WAY GRANT FILED IN BOOK 1292 AT PAGE 156 400.811OLT.S.. �I POC� — u SW CORNER —1/4, "1/4 SECTION 16 T-16-N,R-30-W PER SURVEY C- ID-9 5 EXHIBIT OF A PROPOSED VACATION OF A PART OF AN EXISTING 15' WATER / SEWER EASEMENT I � I ai li I ❑ I APUBLIC PDARKINGISAREA, I � I 1I3 u, 13� I I I s _ 10' UP (1292-148) EXfBT. 10' HE, — — — — — (1292-olH — CONCRETE LOT 5 M/—, S 8]°08'S9"E ]3.)5' O® 69 0 O R A OF U E VACATIOn T 1106.2E 5A E) 003AC B (HA1TCHE_AR _) / VACATION - N8]°08'S9"W ]3.]5' PROPOFA 15' .VACATIONO U.E.PARTOFA IS' W2, PAGE 156) U. (HOOK 1292, PAGE 156) CONCRETE 'NN ® 2 3 PARCEL #765-04364-000 THREE HOUSE VENTURES LLC W.D. BOOK 2018, PAGE 32474 SURVEY PLAT DR3, PAGE 409 y 0.25 ACRES +/— EXISTING BUILDING 430 W. DICKSON ST. BALCONY 8"SEWER —CoC WALL I LOTS LOT 6 1 S 85°42'20" E �44.51' S 87°29'25" E 55.85' g_ r r--CAP p1005�-------- I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I j I I I I I I I I I I I I PU0 BUILDING i I I I I SURVEY 21%31383 I I I I I (NOT A PART OF THIS SURVEY) I I I I I I I I I I I I I al Ia I I I I I I la I I I I gl IN I I I I I I I I I I I I I I I I �I zl I IN I I I I I I I !F'165-04365-000 I I I I I PARCP.L I I PAR i q]65-04366-000 I i x2ss a3���o ipiss�oai euool I I I I I I I —5-04369-000 #]65-043]04100 i I I I I #765-043 2I-000 i q]65-043]I`0W I I I EXISTING I I I I I I I I I I I I I I I I I I I BUILDING I I I I EXISTING BUILDING I EXISTING corvcasre L15.0 N8]' —12"11TER W. DICKSON RTREET NRBAN CENTER) _ 39'MM., 63'MAXR/W+PER M.S.P. -C' s-5—s—s-8"SEWER LBYE TABLE LINE BEARING DISTANCE LI NO2°50'59"E 12.00' I I I ---L--I--- I 2.191I I 26 5I 25.95' ]6.13' N8]°0123" W— — — — — — — — — 101.32'(N.T.S.) (N.i.S_) N 8]°Ol'23" W N 8]°01'23" W — — — N&]°Ol'23'W 1]].45'(N.T.SJ 0' 20' 40' 60' GRAPHIC SCALE(IN FEET) 1 I..h-20R. NOTE: THE LOCATION OF UTILITIES SHOWN HEREON ARE FROM OBSERVED EVIDENCE OF ABOVE GROUND APPURTENANCES. ALL UTILITY LINES APPEARING ON THIS PLAT, AS WELL AS THOSE THAT MAY EXIST UNDERGROUND NEED TO BE VERIFIED PRIOR TO DOING ANY TYPE OF EXCAVATION OR DESIGN. SOME UTILITY LINES MAY ALSO EXIST THAT WERE NOT SHOWN ON THIS PLAT. O j = LEGAL DESCRIPTION OF AREA OF PROPOSED UTILITY EASEMENT VACATION: SURVEY DESCRIPTION (PARCEL #]65-04364-000): A PORTION OF AN EXISTING 15' WIDE WATER AND SEWER UTILITY EASEMENT BEING PARALLEL AND CONTIGUOUS TO THE NORTH A PART LOTS 5 AND 6, BLOCK 6, OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ALSO BEING A PART OF THE LINE OF LOT 6, BLOCK 6 OF COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, BEING LOCATED IN A PART OF THE NORTHWESTQUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WM BEGINNING AT AN EXISTING CHISELED X ARKANEAS,SAIDPORTIONOF THEEXISTING—T-YEASEMENT BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS, TO -WIT MG NCRETEON THE EASTRIGHT-OF-WAY OF NORTH WEST STREET WHICH IS NO2°50'59"E 1200'AND S8701'23"E400.81'FROM COMMENCING AT A POINT MARKING THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°50159"E 1200', THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY NO2°51'01"E 150.00' THENCE S87°01'23"E 400.81' TO A POINT ON THE WEST LINE OF SAID LOT 6, THENCE ALONG SAID WEST LIKE NO2°5101"E W9.32' TO THE TO AN EXISTING CHISELED X IN CONCRETE, THENCE LEAVING SAID RIGHT-OF-WAY S8]°0]'2YE ]3.]5, TO AN EXISTING REBAR, TRUE POINT OF BEGINNING OF SAID 15' EASEMENT AND RUNNING THENCE ALONG SAID WEST LIKE OF LOT 6 NO2°5 LIUI IIBI' TO THE THENCE SM-51'01"W 150.00' TO AN EXISTING CHISELED X IN CONCRETE ON NORTH RIGHT-OF-WAY OF WEST DICKSON STREET, NORTHWEST CORNER OF SAID LOT 6, THENCE LEAVING SAID WEST LINE ALONG THE NORTH LINE OF SAID LOT 6 S87°08'59"E ]3.]5', THENCE ALONG SAID RIGHT-OF-WAY N8]°01'23"W'13 ]5' TO THE POINT OF BEGINNING, CONTAINING 0.25 ACRES, MORE OR LESS, THENCE LEAVING SAID NORTH LINE S02°51'0VW ISMTO A POINT ON THE SOUTH LINE OF SAID EXISTING Is WIDE UTILITY EASEMENT, SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. THENCE ALONG SAID SOUTH LINE N87°08'59"W 73 ]5' TO THE POINT OF BEGINNING, CONTAINING 0,03 ACRES, MORE OR LESS. VICINITY MAP azc me 9+veu IJSITE I 7— — II I --- _ _ w DkFso w Di �w./ H INM()LratM M2Ma ette -'),L? . r ,g-q ;�•1?Ct` . f 1X 179.045 Il1S 'cVi1`�'i.tiF'.AC .C^vP9 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 6540 Was inserted in the Regular Edition on: March 6, 2022 Publication Charges: $115.52 -� &;14. Brittany smith Cathy Wiles Subscribed and sworn to before me This -? day of �t {c.L , 2022. &fzz'W �& Notary Public _ My Commission Expires: `7 I" 1�4 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Benton COUNTY NOTARY PUBLIC — ARKANSAS My Commission Expires 02-20-2024 Commission No.12397118 Ordinance: 6540 File Number: 2022-0133 VAC-2022-002: (430 W. DICKSON STJ71N ROOF BAR): AN ORDINANCE TO APPROVE VAC 22-0002 FOR PROPERTY LOCATED AT 430 WEST DICKSON STREET TO VACATE A PORTION OF A WATER/SEWER EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of a water/sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a water/sewer easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County circuit clerk. Section 3: This vacation approval is subject to the following conditions: I. The existing 2'/4-inch water line shall be relocated outside of the development footprint in a dedicated water easement; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. PASSED and APPROVED on 3/1l2022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by The City Clerk Treasurer of the City of Fayetteville, AR. Amount paid: $ 115.52. 75525638 Mar. 6, 2022