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Doc ID: 021699780004 Type: REL
ORDINANCE
Recorded: 08/06/2024 at 10:33:15 AM
o4 ""E F Fee Amt: $30.00 Page 1 of 4
/, `.e Washington County. AR
/� Kyle Sylvester Circuit Clerk
111 a� F11Q2024-00019893
113 West Mountain Street HIVED
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6646
File Number: 2023-403
VAC 22-029(1074 E.SAIN ST/THE TRAILS ON THE CREEK):
AN ORDINANCE TO APPROVE VAC 22-029 FOR PROPERTY LOCATED AT 1074 EAST SAIN STREET IN
WARD 3 TO VACATE A PORTION OF STREET 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 street 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 the portion of 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. Any damage to or relocation of existing facilities will be at the developer's expense.
2. Any new utility easements to serve LSD-2022-0006 must be coordinated when the Master Street Plan right-of-
way is established.
3. A 20-foot wide easement must be retained and approved by the Utilities Department for any existing sanitary
sewer.
4. This vacation shall be subject to approval and issuance of a grading permit in association with LSD-2022-
0006.
5. The developer shall procure and install two bus stop shelters that meet the standards of the City and University
on the already installed bus stop concrete/paver pads.
6. The developer shall provide an executed deed to the City transferring the property shown on the exhibit at no
cost to the City.
Page 1
Ordinance: 6646
File Number.' 2023-403
PASSED and APPROVED on February 21, 2023
Approved: Attest:
Li eld Jordan, r Kara Paxton, City C19 Treasurer
:-YiPy;
Page 2
VAC-2022-0029
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Neighborhood Link
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Planned Neighborhood Link
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Fayetteville City Limits
Shared -Use Paved Trail
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EXHIBIT 'B'
BLEW & ASSOCIATES, PA VAC-2022-0029
CIVIL ENGINEERS & LAND SURVEYORS
RIGHT-OF-WAY VACATION
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST
CORNER OF SAID FORTYACRE TRACT, AND RUNNING THENCE S87°23'08"E 140.00;
THENCE NO2 °3652 "E 200. 26, THENCE N41 ° 10'35 "W 428.12', THENCE S48 °44'34',W 71. 20 ,
THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1175.51, AND A CHORD
BEARING AND DISTANCE OF S5805644"W 414.71', THENCE S81 °45'20"W 21.69' TO THE POINT
OF BEGINNING, THENCE S81 °45'20"W 6.01, THENCE WITH A CURVE TO THE RIGHT, HAVING
A RADIUS OF 13.00, AND A CHORD BEARING AND DISTANCE OF N69016'30"W 2.31, THENCE
WITH A REVERSE CURVE TO THE LEFT, HAVING A RADIUS OF 53.50', AND A CHORD
BEARING AND DISTANCE OF S79059'08"W 62.66, THENCE WITH A REVERSE CURVE TO THE
RIGHT, HAVING A RADIUS OF 13.00, AND A CHORD BEARING AND DISTANCE OF
S62002'24"W 7.99, THENCE S79°56'16"W 35.55, THENCE WITH A CURVE TO THE RIGHT,
HAVING A RADIUS OF 70.64, AND A CHORD BEARING AND DISTANCE OF S81 °46'38"W 7.14',
THENCE S84040'30"W 31.64, THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF
22.33', AND A CHORD BEARING AND DISTANCE OF S88017'01 "W 3.03', THENCE N87°49'10"W
29. 99', THENCE N89 ° 17'12 "W 16. 33 , THENCE N87 °50'27"W 72. 08', THENCE N01 ° 13'38 "E 11.31
THENCE S88030'57"E 67.90', THENCE N81 °54'26"E 181.92', THENCE N88036'00"E 35.05',
THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 60.00, AND A CHORD
BEARING AND DISTANCE OF S37007'18"W 18.98' TO THE POINT OF BEGINNING. CONTAINING
0.10 ACRES MORE OR LESS.
3825 N. SHILOH DR • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3
• •
I
Washington County. AR
I certify this instrument was filed on
08/06/2024 10:33:15 AM
and recorded in Real Estate
File Number 2024-00019893
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 21, 2023
CITY COUNCIL MEMO
2023-403
TO:
Mayor Jordan and City Council
THRU:
Jonathan Curth, Development Services Director
Susan Norton, Chief of Staff
FROM:
Jessica Masters, Development Review Manager
DATE:
SUBJECT:
VAC-2022-0029: Vacation (1074 E. SAIN ST/ THE TRAILS ON THE CREEK, 174):
Submitted by BLEW AND ASSOCIATES for property located at 1074 E SAIN STREET
in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT
and contains approximately 10.55 acres. The request is to vacate a 0.10-acre portion
of right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2022-0029 as shown in the attached Exhibits 'A'
and `B' and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the developer's expense.
2. Any new utility easements to serve LSD-2022-000006 must be coordinated when the Master Street Plan
right-of-way is established.
3. A 20-foot wide easement must be retained for any existing sanitary sewer.
4. Right-of-way vacation subject to approval and issuance of grading permit in association with LSD-2022-
000006.
In the intervening time between Planning Commission's recommendation and the City Council meeting, the
Engineering Division identified additional conditions for the Council's consideration. They are included in the
attached staff memo, and listed here.
1. LSD-2022-000006 procure and install 2 bus shelters per the City's and University of Arkansas' standard on
the already installed bus stop concrete/paver pads.
2. LSD-2022-000006 shall provide an executed deed to the City transferring property at the SE corner of the
roundabout (see exhibit) at no cost to the City.
BACKGROUND:
The subject property is in north Fayetteville, south of Mud Creek, and west of Butterfield Trail Village. The
eastern and southern portions of the main site are characterized by steep slopes down to Mud Creek and its
floodplain to the north, and up to Brookhaven Estates and Christian Life Cathedral to the south. A relatively
level area is found between these two grades and across the remainder of the property. Despite the terrain, no
portion of the property falls within the Hillside -Hilltop Overlay district. The property received its current zoning
designation of Residential Planned Zoning District on November 5, 2020 with the passage of Ordinance 6377
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
by City Council. An associated large-scale development of multi -family housing was approved by the Planning
Commission on November 28, 2022.
Request: The applicant proposes to vacate 0.10 acres of right-of-way following the construction of the recently
completed E. Sain Street connection and associated bridge.
Public Comment: No public comment was offered on this item.
DISCUSSION:
The right-of-way vacation request is associated with an approved large-scale development for multi -family
housing that was approved by Planning Commission on November 28, 2022. The vacation request comes on
the heels of the completion of the Sain Street connection, and it has been determined that the right-of-way is
no longer needed to serve the public interest.
At the January 23, 2023 Planning Commission meeting, this item was forwarded to City Council with a
recommendation of approval by a vote of 8-0-0, on the consent agenda. Commissioner Brink made the motion
and Commissioner Johnson seconded. No comment was offered by the Commission. No public comment was
received on the item.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, EXHIBIT A, EXHIBIT B, ENGINEERING MEMO, APPLICANT REQUEST LETTER,
PETITION TO VACATE, SURVEY
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 #: 2023-403
VAC-2022-0029: Vacation (1074 E. SAIN ST/ THE TRAILS ON THE CREEK, 174): Submitted
by BLEW AND ASSOCIATES for property located at 1074 E SAIN STREET in WARD 3. The
property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains
approximately 10.55 acres. The request is to vacate a 0.10-acre portion of right-of-way.
AN ORDINANCE TO APPROVE VAC 22-029 FOR PROPERTY LOCATED AT 1074 EAST SAIN
STREET IN WARD 3 TO VACATE A PORTION OF STREET 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 street 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 the portion of
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. Any damage to or relocation of existing facilities will be at the developer's expense.
2. Any new utility easements to serve LSD-2022-0006 must be coordinated when the Master Street
Plan right-of-way is established.
3. A 20-foot wide easement must be retained and approved by the Utilities Department for any
existing sanitary sewer.
4. This vacation shall be subject to approval and issuance of a grading permit in association with
LSD-2022-0006.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-403
Legistar File ID
2/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/3/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2022-0029: Vacation (1074 E. SAIN ST/ THE TRAILS ON THE CREEK, 174): Submitted by BLEW AND ASSOCIATES
for property located at 1074 E SAIN STREET in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED
ZONING DISTRICT and contains approximately 10.55 acres. The request is to vacate a 0.10-acre portion of right-of-
way.
Budget Impact:
Account Number
Fund
Project Number
Project Title
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
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
TO: Fayetteville City Council
THRU: Chris Brown, Public Works Director
Jessie Masters, Development Review Manager
FROM: Josh Boccaccio, Engineering Development Review Manager
DATE: February 2, 2023
SUBJECT: Engineering Comments for VAC-2022-0029
STAFF MEMO
Discussion
Right -of -Way Vacation: Staff recommends in favor of the proposed right-of-way vacation with
the condition that the Trails at the Creek development procure and install 2 bus shelters
associated with previous negotiations between the developer, the City, and the University of
Arkansas. The City of Fayetteville has worked with the developer and the University of Arkansas
on the Sain St extension. During discussions concerning the Hemlock connection to Sain St and
its layout, the University of Arkansas requested bus shelters be installed near the roundabout in
exchange for right-of-way. This right-of-way provided a connection for the southern portion of
the Trails at the Creek's driveway.
Recommended Conditions of Approval:
1. The Trails at the Creek Development procure and install 2 bus shelters per the City's
and University of Arkansas' standard on the already installed bus stop concrete/paver
pads.
2. The Trails at the Creek shall provide an executed deed to the City transferring property
at the SE corner of the roundabout (see exhibit) at no cost to the City.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
R/W
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WD 2020-00015946
THE TRAILS ON THE CREEK APARTMENTS,
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Parcel Line Table
LINE #
DISTANCE
BEARING
L1
50.96'
N22'42'05'W
L2
8.29'
S85'09'39"E
L3
22.04'
S5'49'21 "W
L4
3.44'
N84'36'41"W
Curve
Table
CURVE #
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
C3
50.38'
51.98'
55.53
S48'00'40"W
48.43'
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
November 29, 2022
City of Fayetteville
Planning Commission and City Council
125 W. Mountain Street
Fayetteville, AR 72701
SUBJECT: Right of Way Vacation
Dear Board Members:
We are requesting vacating the Right of Way along Sain Street that is in excess of the Master Street Plan
and in excess of what is required for the Sain Street Development per the attached exhibit.
Sincerely,
Jorge Du Quesne
Blew & Associates, PA
5102 SOUTH PINNACLE HILLS PKWY • ROGERS / ARKANSAS • 72758
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3
PETITION
PETITION TO VACATE A street right-of-way LOCATED IN part of Lot 11, Vantage Square, Unit II, 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 hereinafter sought to be
abandoned and vacated, lying in part of Lot 11, Vantage Square, Unit II, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate a street right-of-way which is described as follows:
RIGHT-OF-WAY VACATION
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLYDESCRIBED
AS FOLLOWS, TO -WIT. COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTYACRE TRACT, AND
RUNNING THENCE S87023'08 "E 140.00 , THENCE N0203652 "E 200.26 , THENCE N41 010'35"W 428.12 ,
THENCE S4804434 "W 71.20 , THENCE WITHA CURVE TO THE RIGHT, HAVING A RADIUS OF 1175.51,
AND A CHORD BEARING AND DISTANCE OF S5805644"W 414. 71, THENCE S81 °45'20"W 21.69, TO THE
POINT OF BEGINNING, THENCE S8104520"W 6.01, THENCE WITHA CURVE TO THE RIGHT, HAVING A
RADIUS OF 13. 00, AND A CHORD BEARING AND DISTANCE OF N69016'30"W 2.31, THENCE WITHA
REVERSE CURVE TO THE LEFT, HA PING A RADIUS OF 53.50 , AND A CHORD BEARING AND DISTANCE
OF S79059'08 "W 62.66 , THENCE WITHA REVERSE CURVE TO THE RIGHT, HAVING A RADIUS OF 13.00
AND A CHORD BEARING AND DISTANCE OF S6200224"W 7.99 , THENCE S79056'16"W 35. SS , THENCE
WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 70.64 , AND A CHORD BEARING AND DISTANCE
OF S81 °46'38"W 7.14, THENCE S84040'30"W 31.64, THENCE WITHA CURVE TO THE RIGHT, HAVING A
RADIUS OF 22.33 , AND A CHORD BEARING AND DISTANCE OF S88017'01 "W 3.03 , THENCE N87049'10"W
29.99 , THENCE N89 °17'12 "W 16.33 , THENCE N87°S0'27"W 72. 08 , THENCE N01 °13'38 "E 11.31, THENCE
S88030'57"E 67.90, THENCE N81 °54'26"E 181.92, THENCE N88°36'00"E 35.05, THENCE WITHA CURVE TO
THE RIGHT, HAVING A RADIUS OF 60. 00, AND A CHORD BEARING AND DISTANCE OF S37007'18"W 18.98'
TO THE POINT OF BEGINNING. CONTAINING 0.10 ACRES MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are part of part of Lot 11, Vantage Square,
Unit 11, of each adjoining lot to the area requested to be vacated, 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 particulWand the owners be freefromthe easements of the public for the use of said alley.
Dated this �aay of `j„ (J V � 7 , 20_V.
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87
Sain Street Extension
Part of Parcel No. 765-02504-000
Tract 20
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT WE, The Trails on the Creek Apartments, an Arkansas limited
partnership, hereinafter called GRANTOR, the receipt of which Is hereby acknowledged,
do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors
and assigns, the following described land situated in the County of Washington, State of
Arkansas, to -wit:
ti1111118ffllllillf flllllfll�lilii�liil�if Illlli�llllflllif ffllf flit Bill
Doc ID: 022470410002 Type: REL
Kind: VARRAt4TY DEED
Recorded: 02/27/2024 at 01:03:02 FM
Fee Amt: $20.00 Pape i of 2
Washington County, AR
Kyle Sylvester Circuit Clerk
File2024-00004491
A variable width RIGHT OF WAY (ROW), said ROW being a part of the Southeast Quarter (SE 114) of the
Northeast Quarter (NE 114) of Section 26, Township 17 North, Range 30 West of the 5th Principal Meridian,
Washington County, Arkansas and said ROW being more particularly described as follows: Commencing at a 4"
PVC Monument at the East 114 Corner of said Section 26; Thence N 87° 17' 42" W for 518.38 feet to a point on
the shared property line of Parcels 765-02503-001 and 765-02504-000; Thence, along said shared property
line, N 22° 42' 44" W for 109.91 feet to the POINT OF BEGINNING; Thence, from said POINT OF BEGINNING
and along said shared property line, N 22° 42' 05" W for 50.96 feet to a point on the southern ROW line of Sain
Street; Thence, leaving said shared property line and along said ROW line, N 810 45' 20" E for 53.62 feet,
Thence Leaving said ROW line and along a curve turning to the left, an arc distance of 50.38 feet, said curve
having a radius of 51.98 feet, and whose long chord bears S 48° 00' 40" W for 48.43 feet; Thence, S 85° 09' 39"
E for 8.29 feet; Thence, S 056 49' 21" W for 22.04 feet; thence N 84` 36' 41" W 3.44 feet to the POINT OF
BEGINNING; to the POINT OF BEGINNING OF ROW 1, containing 813 square feet, or 0.02 acres.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that
the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims
whatever. ,, / r /�
WITNESS the execution hereof on this the day of F i'• ��r �`i .2024.
The Trails on the Creek 4ipariments, an Arkansas limited partnership
By: The Trails on the ffl%ek p►Dartments Management Company, Inc., General Partner
[SEAL]
REVENUE STAMPS AFFIDAVIT
The foregoing dead has the correct amount of Revenue
Stamps affixed to it or Is exem from such stamps.
City of Fayetteville
1 t W. Mountain
Fayetteville, AR 72701
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for
said County and State, personally appeared James Earl "Lyndy" Lindsey to me well known as the person who executed the
foregoing document, and who stated and acknowledged that he is the President of The Trails on the Creek Apartments
Management Company, Inc, General Partner of the Trails on the Creek Apartments, an Arkansas limited partnership, and duty
authorized in his capacity to execute the foregoing instrument for and in the name and on behalf of said corporation, and further stated
and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein
mentioned and set forth.
WITNESS my hand and seal on this b-Y— day of 202'V
MY COMMISSION EXPIRES: JOY L HOOPS
Notmy Public
Washington County -Arkansas of c
Comrnmslon # 12400437
Expires: September 1, 2024
File Number: 202400004491 Page 1 of 2
—, R,W -.—
N. HEMLOCK
AVENUE rt
1 Raw
co
R,W
RfW
- R,W R!W
NORTH
SA1N STREET NTS
R,w
R,w r
R,w
TL2
"E 53.62
ROW
813 FT2
C1 0.02 ACRE
020
765-02504-000
WD 2020-00015946
THE TRAILS ON THE CREEK APARTMENTS,
AN ARKANSAS LIMITED LIABILITY
PARTNERSHIP
POC
E 114 CORNER
SECTION 26
T17N R30W
020
765-02504-001
WD 2020-00015946
THE TRAILS ON THE CREEK APARTMENTS,
AN ARKANSAS LIMITED LIABILITY
PARTNERSHIP
Parcel Line Table
LINE /
DISTANCE
BEARING
L1
50.96'
N22'42'05'W
L2
8.28'
S85V9'39'E
L3
22.04'
S5'49'21'W
L4
I 3.44'
I N84'36'41'W
Curve
Table
CURVE /
LENGTH
RADIUS
DELTA
CHORD BEARING
I CHORD LENGTH
C3
1 50.38'
61.98'
55.53
S4BW40'W
I 48.43'
File Number: 202400004491 Page 2 of 2