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
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Page 2 Printed an 3/2/22
VAC-2022-000002
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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
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Planning Area
Fayetteville City Limits
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Design Overlay District
430 W DICKSON S T I VAC-2022-000c
EXHIBIT 'A'
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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
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❑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..
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SECTION 16
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EXHIBIT OF A PROPOSED VACATION OF A PART OF AN EXISTING 15' WATER / SEWER EASEMENT
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GRAPHIC SCALE(IN FEET)
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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.
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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
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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