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HomeMy WebLinkAboutOrdinance 6729 1101111111111 I I I I I I I 11111111111 I I I I I I I I I l l!!1 1 1 10110111 I I I I I I I M 111I I I I! Doc ID: 021516770004 Type: REL Kind: ORDINANCE �.. F�. Recorded: 04/01/2024 at 11:03:11 AM Fee Amt: $30.00 Page 1 of 4 ©4 -, Washington County, AR Kyle Sylvester Circuit Clerk ,. _ ,f, File2024-00007454 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6729 File Number: 2024-1785 VACATION-2024-0002: (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA,251): AN ORDINANCE TO APPROVE VAC 24-002 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP STREET IN WARD 3 TO VACATE APPROXIMATELY 140 SQUARE FEET 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 portions 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 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 applicant's expense; 2. Ducts shall be provided from the Bob Younkin Street right of way to the individual units as required by AT&T;and 3. New easements shall be dedicated along new utility routes and equipment following the plat layout as requested by AEP/SWEPCO. PASSED and APPROVED on March 19,2024 Page 1 Ordinance: 6729 File Number: 2024-1785 Approved: Attest: T RS��'% v�FAY-TIEVILLi-: Kara Paxton, City Clerk Treasurer �. ••.` ez� �N ;; ONA This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ I (� 0 7� Page 2 VAC-2024-0002 N . BOB YO U N KI N DR & W. VAC-2024-0002 Close Up View DRAKE ST EXHIBIT 'A' 03 O 03 k O C z z v X �N Q R-O Subject Property BISHOP,DR z J z z Residential Link Feet Planning Area 0 75 150 300 450 600 - - : Fayetteville City Limits 1 :2,4�� CYDNEE•ST ,A& NORTH Residential -Agricultural RI-12 RMF-24 Residential -Office Community Services BLEW Surveying I Engineering Environmental VAC-2024-0002 EXHIBIT'B' RIGHT-OF-WAY VACATION 1: A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF LOT 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 195; THENCE NORTH 87°39'13" WEST 136.44 FEET TO A FOUND 1/2" REBAR CAPPED "PS 1349"; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET WITH A CHORD BEARING AND DISTANCE OF SOUTH 78°00'59" WEST 10.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET WITH A CHORD BEARING AND DISTANCE OF SOUTH 33°03'50" WEST 20.20 FEET TO A FOUND 1/2" REBAR CAPPED "PS 1349"; THENCE NORTH 87°39'13" WEST 5.06 FEET, THENCE LEAVING SAID NORTH LINE NORTH 02°27'03" EAST 17.36 FEET; THENCE SOUTH 87°39'13" EAST 15.35 FEET TO THE POINT OF BEGINNING. CONTAINING 140 SQUARE FEET OR 0.003 ACRES, MORE OR LESS. 479-443-4506 O blewinc.com O Fayetteville, AR 72703 Washington County, AR I certify this instrument was filed on 04/01/2024 11:03:11 AM and recorded in Real Estate File Number 2024-00007454 Kyle Sylvester- Circuit Clerk b CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 19, 2024 CITY COUNCIL MEMO 2024-1785 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF- 24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 140-square-foot (0.003-acres) portion of street right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2024-0002 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Ducts shall be provided from the Bob Younkin Street ROW to the individual units as required by AT&T; and 3. New easements shall be dedicated along new utility routes and equipment, following the plat layout as requested by AEP/SWEPCO. BACKGROUND: The subject property is in north Fayetteville and contains three parcels (765-24866-000, 765-24865-000, and 765-24864-000) that are approximately 1.16, 1.15, and 1.06 acres. A property line adjustment has been approved to combine all three parcels but has not yet been recorded. The site is currently undeveloped. In September 2023, a large-scale development was approved for the subject property including thirty-two residential structures totaling sixty-four dwelling units. Request: The applicant proposes to vacate a portion of the street right-of-way adjacent to the subject property at the intersection of N. Bob Younkin Dr. and W. Bishop Dr., which totals approximately 140 square feet or 0.003 acres. This ROW is required to be vacated in order to continue with the associated proposed project for multi -family housing. DISCUSSION: City of Fayetteville staff recommends in favor of the requested right-of-way vacation. The applicant submitted the required approvals with no objections, though with added conditions from franchise utility providers. The right-of-way is 140-square feet at the edge of an existing intersection and staff finds the removal of this portion of right-of-way is not likely to impact the existing service of the associated streets. Further, the associated large-scale development includes the addition of public trails, sidewalks, and on -street parking that would Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 facilitate both vehicle and pedestrian transportation. With submittal of the required vacation forms and utility consent, staff recommends approval. At the February 26, 2023 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval by a vote of 7-0-0. Commissioner Garlock motioned to forward the request, stating that the request was straightforward, and Commissioner Sparkman seconded. There was no additional discussion. No public comment was provided either prior to or during the public meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) 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 #: 2024-1785 VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 140-square-foot (0.003-acres) portion of street right-of-way. AN ORDINANCE TO APPROVE VAC 24-002 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP STREET IN WARD 3 TO VACATE APPROXIMATELY 140 SQUARE FEET 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 portions 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 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 applicant's expense; 2. Ducts shall be provided from the Bob Younkin Street right of way to the individual units as required by AT&T; and 3. New easements shall be dedicated along new utility routes and equipment following the plat layout as requested by AEP/SWEPCO. Page 1 City of Fayetteville Staff Review Form 2024-1785 Legistar File ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/1/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251):Submitted by LEGACY VENTURES NWA for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 140-square-foot (0.003-acres) portion of street right-of-way. 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: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE WO-1111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: February 26, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): Submitted by COMMUNITY BY DESIGN for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 150-square-foot (0.003-acres) portion of street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2024-0002 to City Council with a recommendation of approval and with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2024-0002 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in north Fayetteville and contains approximately 3.59 acres in the Appleby Landing Subdivision. The property is currently undeveloped, though it is surrounded by established single- and two-family neighborhoods to the east and west, a multi -family development to the south, and medical offices to the north. No environmentally sensitive areas are present on site and the property is not located within any zoning overlays. The property was successfully rezoned from R-O, Residential Offices to RMF-24, Residential Multi -Family, 24 units per Acre in early 2023. A separate request to vacate several utility easements will be heard by City Council at their March 5 meeting. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surro nding Land Uses and Zoning Direction Land Use Zoning North Medical Offices R-O, Residential Office South Multi -family Residential RMF-24, Residential Multi -Family, 24 Units per Acre East Single-family Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Undeveloped (Future Phase of Midtown Landing) CS, Community Services Proposal: The applicant proposes to vacate a portion of the street right-of-way adjacent to the subject property at the intersection of N. Bob Younkin Dr. and W. Bishop Dr., which totals approximately 150 square feet or 0.003 acres. Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 1 of 10 DISCUSSION: Staff is supportive of the applicant's request to vacate a portion of the street right-of-way. The right-of-way is 150-square feet at the edge of an existing intersection and staff finds the removal of the right-of-way is not likely to impact the existing service of the associated streets. Further, the associated large-scale development includes the addition of public trails, sidewalks, and the on -street parking that would facilitate both vehicle and pedestrian transportation. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. No other property owner is adjacent to the proposed right-of-way to be vacated. Utility Response Cox Communications No objections, provided that any damage or relocation of existing Cox facilities will be at the applicant's expense. AEP/SWEPCO No objections, provided that new easements are granted following utility routes and equipment layout on new plat. Black Hills Energy No objections and no comments. AT&T No objections, provided that, as described in discussions with the developer, forthcoming duct paths from the street ROW of Bob Younkin Dr. to the individual units Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections and no comments. Solid Waste & Recycling No objections and no comments. Transportation No objections and no comments. Public Comment: Staff received one inquiry about this request, though no support or opposition to the vacation was offered. RECOMMENDATION: Staff recommends forwarding VAC-2024-0002 with the following conditions: Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Ducts shall be provided from the Bob Younkin Street ROW to the individual units as required by AT&T; and 3. New easements shall be dedicated along new utility routes and equipment, following the plat layout as requested by AEP/SWEPCO. Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 2 of 10 PLANNING COMMISSION ACTION: Required YES Date: February 26, 2024 O Tabled ® Forwarded O Denied RECOMMENDATION OF APPROVAL Motion: GARLOCK WITH ALL CONDITIONS RECOMMENDED BY STAFF ISecond:SPARKMAN (Vote: 7-0-0 (MCGETRICK & HOLCOMB BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • Applicant Petition to Vacate • Survey • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 3 of 10 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 January 15, 2024 City of Fayetteville Planning Commission / City Council 125 West Mountain Street Fayetteville, AR 72701 RE: Appleby Landing ROW Vacation Request Dear Planning Commission and City Council, Please accept this written request to vacate a small portion of the Right of Way (ROW) in the northwest corner of the subject property and as shown on the attached plat and impacting lots seven (7), eight (8) and nine (9) of the Appleby Landing subdivision. This is being done to facilitate the construction of our Midtown Landing community and is a condition of approval for LSD 2023-0009 and grading permit GIRD 2023-0104. Our objective with this request is twofold; (1) to complete alignment of the street more closely with the City of Fayetteville's Residential Link street section and (2) allow the placement of our buildings closer to the street creating a unique street scape. We are envisioning a street planted heavily with trees in the 6 feet of greenspace on either side, on street parking and pedestrian friendly with wide sidewalks down either side. Furthermore, we want to take advantage of the vacated ROW to be able to place our buildings closer to the street with parking in the rear hidden from public view. Welcoming front porches and stoops will connect the buildings to the public way and be very inviting. All utilities have provided their approval in writing. Additionally, the lots mentioned above are the only ones impacted by this request. We feel by granting this ROW/Easement vacation will be the final step in a long entitlement process and pave the way for a wonderful new community providing much needed housing. This mid -town location with proximity to the medical core and main transportation corridors makes it an excellent location for this type of multifamily. Our plan is to build a diverse, dense mix of high quality multifamily residential units. This community will contain units ranging in both size and bedroom count as well as one- and two-story units. We are looking forward to developing a community that delivers high quality housing catering. And in doing so create a community that exemplifies urban planning and together leaving our Legacy one Venture at a time. Sincerely, Tim Brisiel (ftV LEGALYVENTURES Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 4 of 10 PETITION TO VACATE A PORTION OF THE RIGHT-OF-WAY LOCATED IN (35-17N-30W), CITY OF FAYETTEVILLE, ARKANSAS TO: The City of Fayetteville Planning Commission The Fayetteville City Council We, the undersigned, being the owner for the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying in (35-17N-30W), City of Fayetteville, Arkansas a municipal corporation, petition to vacate a right of way which is described as follows: See attached legal description. That the abutting real estate affected by said abandonment of the right of way are (35-17N-30W) 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 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 the respective benefit ad 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 sough 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 easements of the public for the use of said right of way. Dated this 15,d day of January, 2024. Tim Brisiel Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 5 of 10 RIGHT-OF-WAY & EASEMENT VACATION SURVEY BOB YOUNKIN DRIVE LOCATED IN. SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST WASHINGTON COUNTY, FAYETTEVILLE, AR 72703 w e DETAIL (NOT TO SCALE) MISCELLANEOUS NOTES a�uownwmemwr "rEmnx coonawrcsysr.m \_ - O r.o.e-»vmm�rr 1 I uvrvwms•�o n.w.v vvwr�zonn.uvrx, I I I \ .mwrrwnwm`s-m m»amrav ro-.,esa' ew: _/_1__ L / J a„tsm 7— v�•wAru.`mr. Mrmwn�m..e�.wwsman \ � -� w...wxrs wEu wrvn.r wwrs w,cnemwrm �.r• ___ _ wr l I tviir a j—, a.=� r nmrnnmum.ssco on wuuuxr•nmrx 1 I I I1°I I I UTILITY INFORMATION ZONING INFORMATION e.z: .eswmr.¢wsxr is w »rroarrf.mm� vaovexrvr�mt ao LEGEND 6 SYMBOLS 0 o,n:ram 0 6E O ms r vm ® cs«s,rx ow LAND AREA I I I I I I I I I I I I I Is- a� - I I f I I i I 131 I e�.r I 9 I IF ql I I I I I _ I I I I I I 1 I "^'as.mvaso I I I I i I I I I I I 1 I I I I 1 I I I I I I I I i1 I I I I I I I I I i 1 I I I I I iw.m I I _♦II I � I I I I I I I I I I I I I 1 I I I I 1 I ,.w »sasum I 1 I I I I I I I 1 1 I I I ' 1 I I I I jj 1 I it 1 it it i .. I �k mmo x�w,v 1 1 ' zwao.swx I ' 1 I �5 �_-.�mr�r•�v... - 'ai � F m Nmzam.r® I I 1 1 I I 1 I I 1 i I I I I I i _f• —�� �__— -- -- — -- � .. ammrx ,....... urn ®C RECORD DESCRIP770. N RIGNT-OF-WAY VACATION DESCRIPTIONS 'MpMitl, Vli 'a�Mur�xnN' VAC-2024-0002 (LEGACY VENTURES NWA) Paae 6 of 10 'T T. WA % DETAIL (NOT TO SCALE) I R/W Vacation 1 (Per This Plat) N 87039'13" W N 02027*03" E _15.35' 17, 36' S 87039'13" E G� G3 P.O.B. - R/W Vacation 1 I 4.00' — r, Found 5/8" Rebar I Capped "AR 1659" 5.06' Found 112" Rebar Capped "PS 1349" I LOT 3 Found 112" i Found 1120# — — — _ _ — — N 87°16'29" W 155,29, I Rebar LOT 4 — — — — — — ._ — __ Rebar Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 7 of 10 VAC-2024-0002 N. BOB YO U N KI N DR & W. AL One Mile View DRAKE ST NORTH \ C-3:1 0 0.13 0.25 0.5 Miles �'' UJ UJ a Q� FV 1 �1 / k --r % is jSubject Property 1 I I I 1 UT R-A Neighborhood Link Regional Link - High Activity Freeway/Expressway Unclassified Residential Link Planned Neighborhood Link Planned Residential Link r. Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area Planning Area _ Fayetteville City Limits g RP7.D RSF-4 zoning liI-2 General Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION i NSG ii E-1 li RI-U COMMERCIAL RI-iz Resitlenlial-GFce NS.L C-1 ii ResmanY&l erlcunurel IIIIIIII c-2 RSF-.s = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Gore RSF< Urban nw r!,g re RSF-� IttIIIII Maln abeet Center RSFA Down— General RSF-1s Community Servi.a RESIDENTIALMULTI-FAMILY Neighborhood Sery RMFE Neighborhood Cone J. ii RM112 PLANNED ZONING DISTRICTS RMF-1a I♦ Commercial. Industrial. Residential ii RMF-sa INSTITUTIONAL ii RM P-1 INDUSTRIAL I-1 Heavy CemmarclalaM Light lndusidal annlna Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paae 8 of 10 February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paae 9 of 10 VAC-2024-0002 N. BOB YO U N K I N DR & W. Ak Current Land Use DRAKE S T NORTH - APPLEBY RD - OFa� e AE Mixed Residential AE 1 and Commercial ; .j, .-�, ., 1 M� Z i I •�* G� �:Subject Property I Single -Family Residential Single -Family and Multi -Family Residential '.b, �. ° t 1i .• 111 e. a. h 1, ' Multi -Family Residential �y 1 r r �. ,fi DR' KE'ST 1 ¢- Neighborhood Link FEMA Flood Hazard Data Unclassified Residential Link 100-Year Floodplain Planned Neighborhood Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 i� Planning Area Fayetteville City Limits '3'600 anninq Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES NWA) Paqe 10 of 10 Form v1.45 NV\ 4\ RECEIVED nledza LIAR 2 6 2024 Account#: NWCL5004205 CITY OF FAYETTEVILLE Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY CLERKS OFFICE 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 386895 PO#: Matter of: ord 6729 AFFIDAVIT•STATE OF ARKANSAS I,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 6729 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$136.80. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 03/24/24;NWA nwaonline.com 03/24/24 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 26th day of March,2024 CATHERINE STAGGS .1 MY COMMISSION#12402772 A►. + EXPIRES:February 28, 2025 C�r�,`I�eA,{ <s�u �,KA� �`' Washington County NOTARY PUBLIC Ordinance.6729 File Number: 2024-1785 VACATION-2024-0002: (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA,251): AN ORDINANCE TO APPROVE VAC 24-002 FOR PROPERTY LO- CATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP STREET IN WARD 3 TO VACATE APPROXIMATELY 140 SQUARE FEET 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 cor- porate purposes:and WHEREAS,the City Council has determined that the follow- ing described portions of street 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 the street right of way as de- scribed in Exhibit B attached to the Planning Departments 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.My damage to or reloca- tion of existing facilities will be at the applicant's expense; 2. Ducts shall be provided from the Bob Younkin Street right of way to the individual units as required by AT&T;and 3.New easements shall be dedicated along new utility routes and equipment following the plat layout as requested by AEP/SWEPCO. PASSED and APPROVED on March 19,2024 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$136.80 March.24,2024 386895