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HomeMy WebLinkAboutOrdinance 6697 11151111111111111111111111111 Doc ID: 021319760004 Type: REL Kind: ORDINANCE �OF FAYETT4 FeeoAmt: $30.00rded: /Pape 12023 t of3422:20 PM Washington County, AR Kyle Sylvester Circuit Clerk File2023-00028034 4-KANS.S 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Ordinance: 6697 File Number: 2023-1158 VACATION-2023-0009: (280 E 12TH STREET/FHA DEVELOPMENT,563): AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY 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 alley right-of-way 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 alley right-of-way 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. Any damage to or necessary relocation of existing facilities will be at the property owner/developer's expense. 2. A general utility easement shall be retained in the northeast corner of the site, approximately 20 feet wide by 15 feet deep as shown in the SWEPCO Utility Approval exhibit attached to the Planning Department's agenda memo. PASSED and APPROVED on October 17,2023 Page 1 Ordinance: 6697 File Number.' 2023-1158 Page 2 Attest: 17 ���\ .• ITY C•'�F�i�i .�.� .• J, Kara Paxton. City der < rea.surer VAC-2023-0009 280 E 12TH ST EXHIBIT 'A' Close Up View 10TH-ST w v a o LU P-t D RSF-18 Willow Bend Walkway O M J LL Q NC �� !' �TH ST Subject Property w w Q w O 0 ~ w O J Z J am = tU 12TH-ST > LU Q C O nG 13TH PL 13TH•ST _ 13TH•ST 1L�(p IY H 1 � Y 1� N 1 a 1 1 Walker Park Connector 1___:�IELLA-S �RTH T Qi Unclassified Alley Residential Link Planning Area - - Fayetteville City Limits — — — Shared -Use Paved Trail - - - Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 RSF-18 RI-U RMF-24 Downtown General Neighborhood Services - Ltd. Neighborhood Conservation P-1 EXHIBIT 'B' GIs Approved 08/28/2023 Twenty (20) foot closed street, known as Willow Ave, which lies East of lots 6 & 7, all in Block 2, Burl Dodd Addition to the City of Fayetteville. CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 17, 2023 CITY COUNCIL MEMO 2023-1158 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager DATE: SUBJECT: VAC-2023-0009: Vacation (280 E 12TH STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. RECOMMENDATION: Staff and Planning Commission recommends approval of VAC-2023-0009 as shown in the attached Exhibits Wand 'B', with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A partial vacation shall be approved to remove the existing structure from the platted right-of-way, and to enable a future connection to still be made from E. 11th Street to E. 12th Street. 3. An easement for SWEPCO must be retained in the northeast corner of the site, approximately 20 feet wide by 15-feet deep as shown in the provided exhibit. BACKGROUND: The subject property is in south Fayetteville and contains two separate parcels that are owned by the Fayetteville Housing Authority and total approximately 0.40 acres (765-03340-000 and765-03340-002). The site is developed with two three-family structures that were built around 1996. Those structures are existing non -conforming structures since the property is zoned NC, Neighborhood Conservation, a single-family residential district. A quit claim deed was filed in 1995 to close an existing 10-foot alley through the center of the property and a 20-foot street right-of-way along the eastern property line, but neither were formally vacated by the City Council. Request: The applicant proposes to vacate 0.054 acres of right-of-way that currently makes up a 20-foot wide alley right-of-way along the eastern property line. DISCUSSION: At the September 25, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request with a recommendation of approval, with conditions. After being asked by Commissioner Payne, the applicant verbally stated that they agreed to the condition requiring the approval of only a partial vacation. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Commissioners offered little additional comment, finding in agreement with staff's recommendation. In the interim, staff received notification from a different member of the applicant's team, one who had not attended the meeting, that they still intended for the request to reflect a vacation of the right-of-way in its entirety. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Applicant -Requested Exhibit A (#4), Applicant -Requested Exhibit B (#5), Planning Commission Staff Report (#6), SWEPCO Utility Approval - 280 E 12th Street Vacation (#7) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-1158 VAC-2023-0009: Vacation (280 E 12TH STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LOCATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OF ALLEY RIGHT-OF-WAY 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 alley right-of-way 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 alley right-of-way 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. Any damage to or necessary relocation of existing facilities will be at the property owner/developer's expense. 2. A general utility easement shall be retained in the northeast corner of the site, approximately 20 feet wide by 15 feet deep as shown in the SWEPCO Utility Approval exhibit attached to the Planning Department's agenda memo. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-1158 File ID 10/17/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/29/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2023-0009: Vacation (280 E 12TH STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE V0.111F ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: September 25, 2023 Updated with results from 9/25/2023 PC Meeting SUBJECT: VAC-2023-0009: Vacation (280 E 12T" STREET/FHA DEVELOPMENT, 563): Submitted by FHA DEVELOPMENT, INC for property located at 280 E. 12TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to vacate a portion of an alley containing approximately 0.054 acres. RECOMMENDATION: Staff recommends forwarding VAC-2023-0009 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2023-0009 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville and contains two separate parcels that are owned by the Fayetteville Housing Authority and total approximately 0.40 acres (765-03340-000 and765- 03340-002). The site is developed with two three-family structures that were built around 1996. Those structures are existing non -conforming structures since the property is zoned NC, Neighborhood Conservation, a single-family residential district. A quit claim deed was filed in 1995 to close an existing 10-foot alley through the center of the property, and a 20-foot street right-of- way along the eastern property line, but the alley and right-of-way were never fully vacated by the City Council. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential/Undeveloped NC, Neighborhood Conservation; RI-U, Residential Intermediate, Urban South 4-family Residential NC. Neighborhood Conservation East Mulit-Family Residential DG, Downtown General West Single -Family Residential/Undeveloped NC, Neighborhood Conservation Proposal: The applicant proposes to vacate 0.054 acres of right-of-way that currently makes up a 20-foot wide alley right-of-way along the eastern property line. DISCUSSION: City of Fayetteville staff recommends in partial favor of the request. From a land -use planning perspective, staff finds that maintaining the right-of-way serves the public interest by contributing to a compact, complete, and connected neighborhood (Goal #3). There is a cluster -housing Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 1 of 14 development to the north that is using a portion of the alley right-of-way to provide vehicular access to their property, and maintaining the full 20-foot alley would allow for a full connection from E. 1111 Street to E. 12' Street. Further, the Walker Park Neighborhood Master Plan which was adopted in 2008 shows the alley being used to provide connection through the neighborhood. However, some function of the right-of-way may have been lost in 1996 when building permits were approved following the filing of a quit claim deed to abandon the right-of-way. The property owners acted in good faith that the right-of-way had been abandoned, and have historically received a clean title with every transaction. Also, according to the applicant, to rededicate right- of-way to the east represents an administrative hurdle due to the nature of the property's operation as a Section 8 project that would require additional approval from the Office of Recap with HUD. Granting this, and recognizing the current barrier that the existing right-of-way puts on the property, staff recommends in favor of a partial vacation. A portion of the alley should be vacated to relieve the existing structure of the burden of the right-of-way, but enable the possibility of a future connection to align with larger City goals. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses. Utility Response Cox Communications Any damage or relocation of existing facilities will be at the property owner/developer's expense. AEP/SWEPCO No objections, provided an easement in retained in the northeast corner of the site, approximately 20 feet wide by 15 feet deep, as shown in provided exhibit. Black Hills Energy AR AT&T Ozarks Electric Citv of Favetteville Water/Sewer Solid Waste & Recycling Transportation 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. Public Comment: Staff has not received any comment on this item. RECOMMENDATION: Staff recommends forwarding VAC-2023-0009 to City Council with a recommendation of approval. Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 2 of 14 2. A partial vacation shall be approved to remove the existing structure from the platted right- of-way, and to enable a future connection to still be made from E. 11th Street to E. 12th Street. 3. An easement for SWEPCO must be retained in the northeast corner of the site, approximately 20 feet wide by 15-feet deep as shown in the provided exhibit. PLANNING COMMISSION ACTION: Required YES Date: September 25, 2023 O Tabled CKForwarded O Denied with all conditions as Motion: Brink recommended by staff, Second: Payne including the partial vacation condition. ote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Applicant Request Letter • Applicant Petition to Vacate • Site Exhibit — ROW to be vacated • Additional Applicant Exhibit — Adjacent Right -of -Way • Staff Exhibit o Walker Park Neighborhood Illustrative Plan 0 1111 Street Cluster Housing Development — Approved Plan o Quit Claim Deed - 1995 • One Mile Map • Close-up Map • Current Land Use Map Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 3 of 14 Dear Fayetteville Planning Commission, I am asking for a formal vacation of a closed street located on a portion of 276, 278, and 280 E 12th St Fayetteville, AR 72701. Currently several feet of an apartment building lies on a portion of Willow Ave. The Street (Willow Ave) was properly vacated on the south side of 12th Street which also a part of the 18-unit complex, but it seems there was error somewhere in filing and the north portion of the street did not get added. It has been this way since 1997. This portion of the street has been conveyed with the whole of the property, through several different owners over the years with clear title. The FHAD INC is choosing to correct this administrative mistake from the past for the next owner. We ask that the city officially vacates this closed street in order to rectify any errors. Respectfully, Tania Mahoney -Vazquez Executive Broker Collier & Associates Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 4 of 14 PETITION TO VACATE A (street right-of-way) LOCATED IN (lots 6 & 7, block 2, subdivision Burl Dodd 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 (Willow Ave) hereinafter sought to be abandoned and vacated, lying in (lot 6 & 7, block 2, subdivision Burl Dodd Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is described as follows: (Twenty (20) foot closed street, known as Willow Ave, which lies East of lots 6 & 7, all in Block 2, Burl Dodd Addition to the City of Fayetteville. That the abutting real estate affected by said abandonment of the street right-of-way (Twenty (20) foot closed street, known as Willow Ave, which lies East of lots 6 & 7, all in Block 2, Burl Dodd 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. 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 24th day of August , 20 23 . Printed Name Z�//' iL Signature Derrek Sherburne Printed Name Signature Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 5 of 14 Ay ion ad CEgT��i � 4 - !n POP N w ��` �co to M mul; 0 'Ell �m A ��oS ya N$z ss ge A S31tl10°�' A < "fig tiI elm g s --- ------------ -- moo - � 8 N �� � �g � 0%csziao� L 1 � J -R 98 = oho 1awmMy,a �� mm2 �� � 57.89' q 57A GUrtEA OAI F QPOS't$ NOP05'19'E o 11. i 3 TL v�D .n z may- 'IXISTING RAW m o _. 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Z q < i - - 3 QLStI M16bC.ZpS � N i 3 -2 r 'JNIOl�nO I I aq '4 I � 7 e APPLICANT r - a PROVIDED o ='� EXHIBIT � I 8® I I ®H O i �wmine I � I qC � - _ c5 3 T -N 'r r=w-i•=i i=r-i ri-�-r_ _r_ _r_r-r-w_tfM 3.i:A gMro--------------- --------- -- .- --`- -- • - ---Ma °z c�c° �° z o N z 0 4 C w i°kj°cz:� 5ZO �. zl,ya i 'moo z- oo �S Rlanning 6emmissien September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 7 of 14 i AMW 46 40-* Tayve e ARKANSAS � • a r • "� J L�U�� � qlC `tr'�-•s \ eI '�s7 f� ��O �Q clp - - V 1 n G fj d• V 1 - waLz • '} - Z��4 s•sa �•.. �o War eoaa, - - ���--��—I t _ ..a R „ g� ylr, aa- � ��jz��j fj] 1 .- WALKER PARK NEIGHBORHOOD o Existing Building N ILLUSTRATIVE MASTER PLAN Pvun•svd Building Existing Civic Building FAYETTEVILLE, ARKANSAS ..... Study Ama Boundary SEPTEMBER 2007 • I.: _M lid, I'll S Planning Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 8 of 14 r �N µ,o m m m A A oC H H cn w OCD Z D LL O d U O 3 1I1I M�YI aa`� `'� �H wgq yiia3* Pe'� (~/3 L Q = U //J�\ .z 1{IIIgbNIHII � { -� m CD z � �/ o EO ZD O 2 - -- — t- -- I o �m a uu -+11_______________ 1 U N } _ c a- _ _ _ VAC-2023-0009 (FHA DEVELOPMENT) Paqe 9 of 14 FILED FOR RECORD '95 FEB $ AN 9 -2 i ,1 , FORM NO eRG , f 0[.ARS 2 CO A!!- 7/NI i l II ,;, ,QUITCLAIM DEED "i-I „111^u_.4•194;JMARRIED'PERSONS KNOW ALL MEN BY THESE f PRESENTS: a r ;, . r ,, t ,. + •� t THAT WE, t.......... ............. - -- ______________________ __ .___ __ _._____, husband and wife, GRANTORS, i -- - --- - - - - -- ------- ---- - 1 ; for and in consideration of the sum of?e_&--00/100--- --------+-- DOLLARS, ; Chris her Adams Dodie Adams, G. Davis, 1 00 in hand paid b �--•-------- •-------.................... ••-- --'--- _—and -Peggy-L.-_Dayis�-as point • tenants. with_ ri-ght of _survivorship__ GRANTEE-.-_ , the receipt of which Is hereby acknowledged, do hereby grant, convey, sell and quitclaim unto the rl: ,. '. 11, a'? L said GRANTEE S_- , and unto, t..h._e?' heirs, and assigns forever, all ._._ P..-._ __.___.. right, title, interest and claim in and to the following lands lying in --_Yas 1i29ton "County, ! V. ............................... Arkansas A ten , (10) foot Alley' h,lies,East,of, Lots Nimibered, 4, and 5„ and West, of Lots Numbered 6 and 7, and a Twenty (20.0) Foot Closed Street, know as' Willow Avenue, which lies Fast of Lots'Nuanbered 5 and 7, all-•in'Block•Two (2),in,Berl Dodd Addition,to the C3.ty of,Fayetteville, Arkansas, as per plat on file in the office of the"Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. .i � � � n1 i. 'rt.r Llrn •r .� 7 7 � ','.,� „ a 1 , ,E ". � � �„i ?1\f " I ,I ArST RN TO: I ' HtAITAM TITLE & CLOSING CO. 17 1 N, COLLEGE- , `r Ei TEVILLF, nh 72703 ; t� i To have and to hold the same unto the said GRANTEES.., and unto ___._?x ...... heirs and assigns forever, with all appurtenances thereunto belonging 1't (7-P if - - - - ------... -......... -•-..... ------------------- ---------------- -------------- -------------- -------------------- ------------- - - - - - - = - - - - -=- - ------ I it y And we, the GRANTORS, _—_—__.-----.-----_._----_.__-__--------�--_-_-_.------:____-_------- `--- t d i for and in consideration of the said sum of money, do herebyirelease and relinquish unto the said 1 GRANTEES_ , and unto ---- _ heirs and assigns, all our rights and possibility of dower, , curtesy and homestead in and to the said lands. i 1 95 ! ' WITNESS.__-Qux:____hand.s.and�seal_--on this _3.�_-_ day ofF,__�?�zY__-________-____.;iX9.__._... , (� 'i--.-•-I, •-•-•- i I 95006663 P,IanningjC l mission "Septembe 5, 2023 (li I l��l� ; VAC-2023-0009 FHA DEVEL MENT) Page 10 of 14 U ii� ! �� ACKNOWLEDGMENT STATE OF ARICANSAS County of^Washington_, - ) ! Xi%is day,Maxi mi n' - -�S. ----- .........._.....--' - i 5 personally appeared before me .._______________o_Wa j " and E1izeth Wages _____ ? ` , _- :J �_ :_`_: known tome to be the persons whose names are ! 0! ,Subscribgthot',the within instrument and iacknowledged that they executed the same for the purposes y �! therein 6aiifed:, I i WI to my hand and official seal this _3rd------- day of __...ram' ............ ....... . My common &pires t E ! + f ------'---r,_7 ei_;a �_'�' 4J r - •il ri ,e t(i' i „ Notar-,y Public. , .. .._. ._ .ltt,•I�;l, ; .. t'i ,. a „,, uX•,n,• I' , , - `r '� - , JI1,-, 91fV„ `,f1• ttdl:,., J..i•r ,t 1, , , °.•u.i: X., '' ' I ,Jr ; rl� 1.-, JY.iV Gr. ,� .bul rLit,}t +1(C.t..,t '� "r„ .f •l.r��', � i'I ims HIM, V94.101 ,T1iL'^. ;j 'j i'. X,'il ,i 1, ,ir P;i vl`r. ,F,,iJ=. vd,,',,i t,'NJi iJ i•r .'1•4JJ STATE OF ARKANSAS, { •, p U. ,1 I'J! SS. ,.t: �i 4r,�t; °J '9 :91"rl ' r r ,, �i. County of .. _ _ _ r7-CERTIr[CATE Or'RECORD' 4i a•J,'Zl .' , :e ,,u,rr•:lul ,t,i,iJ I „J ti IrrJ,ri I„ r J I, -- • • • - --• • -- - -- - - Circuit Clerk and Ex-Officro Recorder t for the County aforesaid,•do hereby certify that thPannexed'and foregoing instrument°of writing+was filed for (i} "' I ,'_ ' „+ J ,, ',. i .Jtlo in ;;kl „ 11 %fl' [,I LX , rYi; ,,, , ! 1 i record in my office on the .. _. _ __ ..._: _ _ day, of, _ . _ _ . _c . • _ . _ . .. A D ,1'9 _ at. .. _. o'clock .. _.! .' I X', Fund the same is now duly recorded; with the'aeknowlcd jmentland certificates } } r 1 ,J° t.•ff, Jt.iw l., !'jf'JJIJ.r} l,1 -it..J I thereon, in "Record Book . _ ... ---_..._..._ ,' Page ._ _ ... } i IN WITNESS WIiEREOF, I have hereunto set my hand and affixed the sea] of said Court, this . day of _- _ ._...---... — _... , 19 Circuit Clerk and Ex-Officio Recorder v` 1 r,,, I j� By - - - _ _ ... _ -- - - D.C. ° J r•� it id' ,ty i'il,::S; i ir, •,J°' •.. I' �l; �•>.i U,' JlLi^ f : •�` 1;l r.'j it Jr C'.i lr 11:G ,.- .! l 1J,r .,,, J ir.. iJ.Y' ,' ,'3.f' F,• ' ,! � ' '� 95006664 ' to t'J I ij - ! � - ._ o. --_ _•. - - - - -' � _ .' ' l�'i' 11j h "t •, � 7 .•°,, , r. � � a �. : iJ, ' Idt, c , i�i:: :�: ° rs ;'i;Js1Lr;{•gJ2 ' syr i , I • �', � , I n,l� }' ,yt,,., J , , ,, .L-I , , in P. w } ' � ,,,o ,. X, } ,Ji, �o ni0 , 3uwiX' 1 r•h - t � , .' �, . r�, 'r ! il� ti(7 } f'1 j! i � j t � . JC7,;, r, ' � JiJ + '1,•r is J41 .b,``,'i X4.'rL•i M. 'rr � I � I i ';IIj,41-r'� IT , �rii ,• fl1 il'1. IJ,.., 1 t r t Q J e�. � � ',X �F• ',i,� � I �i a �4rf'iS9lUt� �i I t j I d ' �I (7 ° I' Planning Commission r'— September 25, 2023 _VAC-20230009'(FHA DEVELOPMENT) Paqe 11 of 14 VAC-2023-0009 280 E 12TH ST One Mile View NORTH � L 0.13 0.25 0.5 Miles �o 4) � RSF-4 1 I 1 MARTIN LUTH_E — KING JR BL� RPZD —_ ■ ■■— H TSVILLE+RD Subject Property CS N i ' , I `♦ 11 ♦ 1 1 " 1 1 DG 1 1 1 P-1 r r loll 15THtST Q MSC 1 i �1 1 C-2 O 1 _ ♦ R A RMF-24 i RSF-8 —,' zI 19TH ST C_t IR_12 Zoning IM I-2 Generel Ird—ial Regional Link — — — RESIDENTIALSINGLE-FAMILY E%TRACTION Neighborhood Link = N% E-1 RI-U COMMERCIAL Regional Link - High Activity M RI-1z Residential-01r. Urban C¢nl¢! � NI C-1 �—Wan YeI Agrlcu - M C8 Unclassified I— RSF-.5 �C3 _ RSF-1 FORM BASED DISTRICTS Alley _ — — — — RSF-2 1M Downtown Gore Residential Link his MUrean Tlw—hlxre RaF-� Maln sheet Center RSFA Planned Neighborhood Link I� ❑ RSF-18 �Co .unity serviwa m Shared Use Paved Trail RESIDENTIAL MULTI -FAMILY Neighbor— a arvkas Trail (Proposed) RMF-e M Ndq,l, h—Cons —t- - M RMF-12 PLANNED ZONING DISTRICTS Design overlay District I _ _ _ _ RMF-is I M colnlnaRial.lnanamal. Raaiaantial Planning Area =1- RMF-za INSTITUTIONAL — 1 Fayetteville City Limits _ _ _ _ , M RMF-ag P 1 wl Planning Area -- INDUSTRIAL Fayetteville City Limits g RI Gemmerclal and Light lnduatrial anninq Uommission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 12 of 14 VAC-2023-0009 280 E 12TH ST Close Up View 10TH-ST 03 w v a o LU P-1 > RSF-18 Willow Bend Walkway rn OJ LL Q NC Subject Property w w Q w O c7 � w O J Z J = tU 12TH-ST > Lu Q C O nG 13TH PL 13TH•ST _ 13TH•ST 1L�(p IY H 1 � Y 1� N 1 a 0 1 Walker Park!:�jj Connector ; — NS-L NORTHJ N ELLA�ST Q� Unclassified Alley Residential Link Planning Area - - Fayetteville City Limits --- Shared -Use Paved Trail - - - Trail (Proposed) Feet 0 75 150 300 450 600 1:2,400 RSF-18 RI-U RMF-24 Downtown General Neighborhood Services - Ltd. Neighborhood Conservation P-1 September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 13 of 14 VAC-2023-0009 Current Land Use ORTH LU PA Y /20 Ifi f r n Walker Park and Single -Family ResidentiF _ $ ' 'f` Sin le-Famil and g ywMulti-Family Residential- 77n, 13TH ST ..Vlfllk Single -Family Residential and Residential Agriculture �. I W. W"M,L FAN E 12 05143CO220F r. eff:15TH'ST 8 Regional Link- High Activity FEMA Flood Hazard Data Unclassified Alley 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1'3'600 anninq Commission September 25, 2023 VAC-2023-0009 (FHA DEVELOPMENT) Paqe 14 of 14 UTILITY APPROVAL FORM FOR ALLEY OR STREET RIGHT OF WAY VACATIONS DATE: 22 23 UTILITY COMPANY: ('e4 I kz'T APPLICANT NAME: FIAAO N L APPLICANT PHONE: (Q 0 Iq � J REQUESTED VACATION (applicant must check all that apply): 1 — `� Z-� 0 Utility Easement qa0A'- t I/Y1eYv���j� R Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. V Alley b""" Street right-of-way I have been notified of the petition to�vacate the f(olllowing (alleylsstreet right-of-way), described as follows: General location / Address EO 5t ��(1 1)�n � T a <N() � , 1? 41^- <�;+ ck�v�Il , A 77-7D ❑ (ATTACH legal description gUd graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: 0 No objections to the vacation(s) described above, and no comments. No objections to the vacations) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Sep atF-'VA Svr.4 ❑ No objections provided the following conditions are met: Signature of Utility Company Representative 651�r Title FERREI .Tr OF SURVEY AND ACCURACY' I HEREBY CERTIFY THAT THE PLAN SHOWN AND DESCRIBED HEREON IS A TRUE AND CORRECT SURVEY AND THAT THE MONUMENTS HAVE BEEN PLACED AS STATED HEREON AS REQUIRED BY THE SUBDIVISION REGULATIONS OF THE CITY OF FAYETTEVILLE. ARKANSAS. DATE srpTTA�M , ason .1 xt sitiac � gym' w-a,.Xl.yoo I zam Nc I I I I =S lASNI AVE I FAY'TWvu1, M 72.1 x aalai-000 H. I I I n7TOa. MI I �mn�m Tc O0 I S. WASHINGTON AVEy (ASPHALT, EXISTING 40' R/W) (MSP RESIDENTIAL LINK 32' R/W) 1 I R/W-- J REGISTERED LAND SURVEYOR/ PROFESSIONAL LAND SURVEYOR CITY OF FAYETTEVIN I F ■ yFI7DFlGTE OF OWNERSHIP t OEDIC�NON: WE, THE UNDERSIGNED OWNERS, REPRESENTING ONE HUNDRED PERCENT (100%) OWNERSHIP OF THE REAL ESTATE SHOWN AND DESCRIBED HEREIN, DO HEREBY DEDICATE FOR PUBLIC OWNFRSMP, ALL STREETS AND ■ ■ ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW. THE OWNERS ALSO DEDICATE TO THE CITY OF FAYETTEVILLE AND TO THE PUBLIC UTILITY COMPANIES (INCLUDING ANY CABLE TELEVISION COMPANY HOLDING A FRANCHISE GRANTED BY THE CITY OF FAYETTEVILLE) THE EASEMENTS AS SHOWN ON THIS PLAT FOR THE PURPOSE OF INSTALLATION OF NEW FACILITIES AND THE REPAIR OF EXISTING FACILITIES. ALSO ESTABLISHED HER IS THE RIGHT OF INGRESS AND EGRESS TO o SAID EASEMENTS, THE RIGHT TO PROHIBIT THE ERECTION OF BUILDINGS, STRUCTURES, OR FENCES WITHIN SAID EASEMENTS, AND THE RIGHT TO REMOVE OR TRIM TREES WITHIN SAID EASEMENTS. ��,Pc■ 1u1,.es�,ed DATE OWNER C Il i K W=sTA - �jtG1AAM� n[� TRACT 'B' no I- 0 I I 0.19t ACRES .o B'i I LOT °iw{an" �nbo In R 4 �, W �fA60011—__�.ie.______�au� Cxc I I NBP5T26'W 140Ai, t a 7 b� Z ROCK 2 t �• Yp IgVTM 10' ALLEY E. LOTS A t 5 u m?a .� tW. OF LOTSD t7 {9 �.TIp'6T ppp0[n t 20' CLOSED srREEr L I� ,� IMKp■Mfln uc E. LOTS 1 • 7 xis` W. ANIOIILf OR uln >. RL DODD ADO. KU IN a AR 72� M NR. xeJ-a�wa-00 70.5-03340-000 9lDfN x ZONED NC O."t ACRES ■_■All GOOD ADa BWaM'LLt. AIt 12112 xes-awl-KIP ZOXm p-u SEIW56'51 rE 170.20' P DO 7,PTNJ"'RR7 TRACT 'A' 'A---- DO ILIM D[[o IsCaX n rAof e4e3) um MAFAAs TD � Wutm 0.451 ACRES t c r'T1.TInL,c NXS Wr LOT 7 • 8 Ir.�x uaa.r • . fl w ET 21.1E colNc.' v anE � IS . R ^ DmKA1[D �f[ N6 rut �esOlDl xIMM I t I I • I a.r',�13, 7e.0' trJ E, 1 ST 11 _ C/L--_.L.S.-----R/w) - — - — - — E (ASPHALT, EXISTING 40' i ' RI (YSP RESIDENML LINK 52' R/1Y) 0 CVp A o - - - - - - - - - - - - - - - - - - - - - - I-.-,-r r" wC tIATm arN _ r1W Irt Nc .-r�•� u _ 20HID K SI RVEY OE.CRIPTIDN PARENT PARCEL [PID 765-03340-DDO) PROPOSED USE RESIDENTIAL LOTS 1, 6 t 7, BLOCK 2. BERL DODD UMUN, TO THE ZONED_; NC. NEIGHBORHOOD CONSERVATION CITY OF FAYETTEVILLE, WASHINGTON COUNTY. ARKANSAS. AS PAT INDEX PAGF- 563 SHOWN ON PUT RECORD "4" AT PAGE 219. SETRACKS' 'A' FRONT...A BUILD -TO ZONE THAT IS LOCATED BETWEEN THE AND TEN (10) FOOT ALLEY WHICH UES EAST OF LOTS 4 t 5 a IR1IfY DESCRIPTION TIUCT AND A LINE 25 FEET FROM THE LOTS NUMBERED SIX (6) AND SEVEN (7) AND ALL THAT PART FRONT PR PERTY ROPERTY LINE. AND WEST OF LOTS 6 t 7, AND A TWENTY (20) FOOT AND CLOSED STREET, KNOWN AS WILLOW AVENUE WHICH LIES OF A TEN (10) FOOT WIDE ALLEY LYING IMMEDIATELY FAST OF SIDE..,S FEET EAST OF LOTS 6 t 7, ALL IN BLOCK 2, BERL DODD LOTS NUMBERED FOUR (4) AND FIVE (5) AND WEST OF LOTS REAR-5 FEET ADDITION TO THE CITY OF FAYETTEVILLE. AS SHOWN ON PUT SIX (6) AND SEVEN (7). ALL IN BLOCK NUMBERED TWO (2) REAR, FROM CENTER UNE OF AN ALLEY...12 FEET RECORD "4" AT PAGE 219. OF BERL DODD ADDITION TO THE CITY OF FAYETTEVILLE, ARKINSA AS SHOWN IN PLAT BOOK 4 AT PAGE 219 OF THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS. ALSO, OWNFB: FHA DEVELOPMENT INC p AT HOTEL FIAT ALL THATPART OF WILLOW AVENUE LYING IMMEOATELY (479)521-3850 EXCEPT AS SPECIFICALLY STATED OR SHOWN ON THIS PUT, MIS SURVEI' ODES jlDj PURPORT TO REFLECT IxTY OF THE FOLLOWING WHICH THIS BE ARR MES ADJACENT TO AND EAST OF THE FAST UNE OF SAID LOTS SIX (6) AND SEVEN (7) OF BLOCK TWO (2) OF SAID BERL DODD PHYSICAL ADDRESS: 270, 272, 274. 276, 276 t 260 TO THE SVBIECT REAL ESTATE ADDITION TO THE COY OF FAYETiEVILLE, ARKANSAS, AS E. 12M 5T, FAYETTEVILLE. AR 72701 SHOWN IN PUT BOOK 4 AT PACE 219 OF THE LAND PARCEL NO. 765-03340-000 EASEMENTS, OTHER THAN POSSIBLE EASEMENTS WHICH WERE VISIBLE AT THE RECORDS OR WASHINGTON COUNTY. ARKANSAS. TIME OF MAKING OF THIS SURVEY: RESTRICTIVE COVENANTS; SUBDIVISION MALING ADDRESS- I N. SCHOOL AVE, RESTRICTIONS OR OTHER LAND USE REGULATIONS; AND ANY OTHER FACTS FAYETTEVILLE. AR 72701 WHICH AN ACCURATE TITLE SEARCH MAY DISCLOSE cl IRVEY DESCRIPNON TTUGT 'B' THIS SURVEY G VALID ONLY IF THE DRAWING INCLUDED THE SEAL AND LOT NUMBERm FOUR (4) IN BLGCK NUMBERED TWO (2) OF SIGNATURE OF THE SURVEYOR. BERL DODD ADDITION TO THE CITY OF FAYETTEVILLE, THIS SURVEY MEETS OR EXCEEDS THE CURRENT 'ARKANSAS MMIWY ARKANSAS. AS SHOWN IN PUT BOOK 4 AT PAGE 219 OF M E LAND RECORDS OF WASHINGTON COUNTY. ARKANSAS. LSP-2022-00 STANDARDS FOR PROPERTY BOUNDARY SURVEYS AND PLATS'.. DECLARATION IS MADE TO ME ORIGINAL PURCHASER OF ME SURVEY. IT IS no TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. bLA DAII SUIRSURFACE AND ENVIROINYENTAL CONDITIONS WERE NOT EXAMINED DR FLOOD DESIGNATION: R CONSIDERED AS A PART OF THIS SURVEY. THIS PROPERTY DOES NOT LIE IN ZONE 'A/AE' (SPECIAL FLOOD HAZARD PER ORIAWNCE 72.19. PARKING BLOCKING A MAILBOX IS PRO-810. AREAS INUNDATED BY 100-YEAR FLOOD) AS DETERMINED FROM THE THAT AT FUTURE MAILBOX PLACOtENT DOES NOT CONFLICT WIN F.I.R.M. MAP OF WASHINGTON COUNTY, ARKANSAS, AND INCORPORATED ON-STPEEI PARKING. AREAS, MAP NUMBER 05143CO220F, EFFECTIVE DATE MAY 16. 2006, ALL UTILITIES 12" MD UNDER SHALL BE RELOGTED UNDERGROUND. AM AND ALL SKANAGE REDUIRES ADDITIONAL SIGN PERMIT REVIEW AND APPROVAL � r - � IaA•r• AUTI•pn rr . _. ; an a rAR[TIEWut ` ,i !{ I M. r AVL AY(TaMULIC. M[. M 121a1 ' Tea-ula-om ■ ioHm a 1 _; _ . ... M Mr[An ro c[°�:ur[o VICINITY MAP I, OIY a fAREnMlF G6 MM ]laT.eO Sax3.Y pA TT[IT XL 0 30 60 90 LEGEND 1" = 30, ■ D z R[oEX■O •01 s4Np1Ya1w1I[ mOWa IlAtut WEQW PRY • OM ARE8 ItAG nut "0' i W 0 w NIAWIY lo■AID T ■ \. • w laL ,AI m TAME Cox TV ull6 • N rm6TM • w M[1a lw O 1R STAR a IK 13 De■ID'Y G w 111p C.S. O iQ 1/! 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AW '/�V•l7/\ °AAD an x� DESCRIPTION 87 CITY COMMENTS a era amm FHA DEVELOPMENT INC 270. 272. 774, 278. 276 t 2aO E. 17TH ST. FAYETTEVILLE, AR 72701 LOT SPLIT — FAYETTEVILLE, ARKANSAS 0 Form v1 39 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72703 Ad number #: 338890 PO #: Matter of: ORD 6697 AFFIDAVIT • STATE OF ARKANSAS RECEIVED OCT 2 3 2023 CI CA, TY ®F FAYETTEVILLE �`'dLERK'S OFFICF 1, Carla Gardner, do solemnly swear that I am the Finance Director of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTON/BENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6697 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. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $132.24. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 10122123, NWA nwaonline.com 10/22/23 Finance Director State of ARKANSAS, County of WASHINGTON, Subscribed and sworn to before me on this 23rd day of October, 2023 KD13- NOTARY PUBLIC -,, CATHERINE STAGGS MY COMMISSION # 12402772 •.,r,• EXPIRES: February 28, 2025 Washington County 0 0 Ordinance: 6697 File Number: 2023-1158 VACATION-2023-0009: (280 E 12TH STREET/FHA DEVELOP- MENT, 563): AN ORDINANCE TO APPROVE VAC 23-009 FOR PROPERTY LO- CATED AT 280 EAST 12TH STREET IN WARD 1 TO VACATE A PORTION OFALLEY RIGHT-OF- WAY 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 cor- porate purposes; and WHEREAS, the City Council has determined that the follow- ing described portion of alley right-of-way is not required for corporate purposes. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby vacates a portion of alley right-of-way described in Exhibit 8 attached to the Planning Department's memo. Section 2: A copy of this Or- dinance 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 ap- proval is subject to the following conditions: 1. Any damage to or neces- sary relocation of existing facil- ities will be at the property owner/developer's expense. 2. A general utility easement shall be retained in the north- east corner of the site, approxi- mately 20 feet wide by 15 feet deep as shown in the SWEPCO Utility Approval exhibit attached ♦n fh. DI i— ncneM ,m RECEIVED OCT 2 3 2023 U" OF iFA+AYETT"LLE VITY CLERKS OFRCF vvasnington County, AR I certify this instrument was filed on 10/26/2023 03:22:20 PM and recorded in Real Estate File Number 2023-00028034 Kyle Sylvester- Circuit Clerk