HomeMy WebLinkAboutOrdinance 6752 IIII II PIlUIIII 1111 PIIII IIIIIIIH111101101IIIIIIIIIIII
Doc ID: 021640400004 Type: REL
Kind: ORDINANCE
Recorded: 06/24/2024 at 03:12:39 PM
r' \ Fee Amt: $30.00 Page 1 of 4
Washington County, AR
"i �, .• I Kyle Sylvester Circuit Clerk
� � P / File2024-00015656
kANs
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6752
File Number: 2024-62
VACATION-2024-0007: (EAST OF 1074 E.SAIN ST/TRAILS ON THE CREEK, 174):
AN ORDINANCE TO APPROVE VAC-24-07 FOR PROPERTY LOCATED EAST OF 1074 EAST SAIN STREET
IN WARD 3 TO VACATE A 0.076 ACRE PORTION OF DRAINAGE 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 drainage 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 drainage easement
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 condition that any damage to or relocation of any existing facilities
will be at the property owner/developer's expense
PASSED and APPROVED on May 21.2024
Approv : Attest: `toiltttNti�
o`�I' K•/r�FgsG,
FAYEl TEVILL'c.
i eld Jorda ayor ara Paxton,Ci Cl Treasur r �� .'„
s•gRkANSQ,•J=13 ,`�
ii;MGT®14 .
This pu 1' ation was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. RhYd ltff
Paid: $ 15,5 Z
Page 1
VAC-2024-0007
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SAIN ST
Neighborhood Link
Residential Link
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' Fayetteville City Limits
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0 75 150 300 450 600
1:2,400
VAC-2024-0007
EXHIBIT 'A'
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NORTH
RMF-24
1-1 Heavy Commercial and Light Industrial
C-2
Commercial, Industrial, Residential
P-1
VAC-2024-0007
EXHIBIT 'B'
BLEW
Surveying I Engineering
Environmental
DRAINAGE EASEMENT VACATION
A PERMANENT DRAINAGE EASEMENT (PDE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER (SE/4 NE/4) OF SECTION 26, IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE
CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF A TRACT
DESCRIBED IN WASHINGTON COUNTY DEED BOOK 799, PAGE 170, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SE/4 NE/4 OF
SECTION 26; THENCE ALONG THE SOUTH LINE OF THE ADJACENT SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25; S87°3728"E 140.00 FEET- THENCE LEAVING THE SOUTH LINE
NO2 °40'S5 "E 199.11 FEET; THENCE N41 °08'13 "W 279.19 FEET TO THE NEW NORTH LINE OF SAIN STREET,•
THENCE ALONG THE NEW NORTH LINE OF SAIN STREET FOR THE FOLLOWING COURSES: S65 °35'09 "W
107.91 FEET; THENCE S62 21 '02 "W 32.68 FEET- THENCE S59 °4342 "W 25.52 FEET TO THE POINT OF
CURVATURE OFA CURVE TO THE RIGHT WITHA RADIUS OF 312.00 FEET- THENCE 119.95 FEET ALONG
THE CURVE FOR A CHORD OF S70°44'31 "W 119.21 FEET TO THE POINT OF TANGENCY; THENCE
S81 °45'20 "W 89.51 FEET TO THE PDE POINT OF BEGINNING; THENCE CONTINUING THENCE S81 °45'20 "W
20.16 FEET,• THENCE LEAVING THE NEW NORTH LINE OF SAIN STREET, ALONG A NON -TANGENT CURVE
TO THE NORTH, CONCAVE TO THE EAST, WITH A RADIUS OF 167.00 FEET AND ARC LENGTH OF 75.25
FEET, FORA CHORD OF NO2 °10'20 "W 74.62 FEET TO THE CENTERLINE OF THE FORMER SAIN STREET AS
ABANDONED BYFAYETTEVILLE CITY ORDNANCE 2883; THENCE LEAVING THE CURVE ALONG THE SAID
FORMER CENTERLINE OF SAIN STREET, ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE
TO THE NORTHWEST, WITHA RADIUS OF 1145.51 FEET AND ARC LENGTH OF 27.62 FEET, FOR A CHORD
OF N60 °30'S2 "E 27.62 FEET- THENCE LEAVING THE CURVE AND THE FORMER CENTERLINE, ALONG A
NON -TANGENT CURVE TO THE SOUTH, CONCAVE TO THE EAST, WITH A RADIUS OF 147.00 FEET AND
ARC LENGTH OF 86.52 FEET, FOR A CHORD OF S00 °50'38 "W 85.28 FEET TO THE PDE POINT OF
BEGINNING, ENCLOSING 1, 613 SQUARE FEET, OR 0.037 ACRES.
AND
A PERMANENT DRAINAGE EASEMENT (PDE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER (SE/4 NE/4) OF SECTION 26, IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE
CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF A TRACT
DESCRIBED IN WASHINGTON COUNTY DEED BOOK 799, PAGE 170, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SE/4 NE/4 OF
SECTION 26, THENCE, ALONG THE SOUTH LINE OF THE ADJACENT SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25, S87 °37'28 "E 140. 00 FEET; THENCE LEAVING THE SOUTHLINE OF
NO2 °40'S5 "E 199.11 FEET- THENCE N41 °08'13 "W 192. 68 FEET; THENCE S53 °55'36"W 143.47 FEET; THENCE
S68 °16'S3 "W 124.12 FEET; THENCE S84 °11 'S6 "W 164. 94 FEET TO THE PDE POINT OF BEGINNING; THENCE
S81 °45'20"W 20.00 FEET- THENCE N08 °18'32 "W 12.25 FEET TO THE NEW SOUTH LINE OF SAIN STREET,•
THENCE ALONG THE NEW SOUTH LINE OF SAIN STREET N81 °45'20' E 20.00 FEET; THENCE LEAVING THE
NEW SOUTH LINE OF SAIN STREET S08°18'32'E 12.25 FEET TO THE PDE POINT OF BEGINNING,
ENCLOSING 245 SQUARE FEET, OR 0.006 ACRES.
AND
A PERMANENT DRAINAGE EASEMENT (PDE) ACROSS PART OF LOT 11 OF VANTAGE SQUARE, UNIT 2, AS
DESCRIBED IN A DEED FILED AS WASHINGTON COUNTY, ARKANSAS DOCUMENT 94-047826 (THE
PARENT TRACT), AND DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT BOOK 10, PAGE 79,
ALL BEING IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS AND THE PDE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ORIGINAL SOUTHWEST
CORNER OF THE SAID LOT 11 OF VANTAGE SQUARE, UNIT 2; THENCE ALONG THE PLATTED NORTH
LINE OF SAIN STREET FOR THE FOLLOWING COURSES: ALONG A NON -TANGENT CURVE TO THE EAST,
CONCAVE TO THE NORTH, WITH A RADIUS OF 1,115.51 FEET AND ARC LENGTH OF 59.38 FEET FOR A
479-443-4506 O blewinc.com O 5102 S Pinnacle Hills Pkwy
Rogers, Arkansas 72758
VAC-2024-0007
EXHIBIT 'B'
CHORD OF N85004'27"E 59.37 FEET OT THE SOUTHWEST CORNER OF THE PARENT TRACT; THENCE
CONTINUING 175.94 FEET ALONG THE 1,115.51 FEET RADIUS CURVE FOR A CHORD N79001'52 "E 175.76
FEET, THENCE LEAVING THE CURVE, ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE
TO THE SOUTHEAST, WITHA RADIUS OF 60.00 FEET AND ARC LENGTH OF 185.27 FEET, FOR A CHORD
OF N71 °25'51 "E 119.96 FEET; THENCE LEAVING THE PLATTED NORTH LINE OF SAIN STREET AND
CONTINUING 31.64 FEET ALONG THE 60.00 FEET RADIUS CURVE FOR A CHORD OF SO5°00'10 "E OF 31.28
FEET TO THE CENTERLINE OF THE FORMER SAIN STREET AS ABANDONED BY FAYETTEVILLE CITY
ORDINANCE 2883; THENCE LEAVING THE CURVE, ALONG THE FORMER CENTER OF SAIN STREET,
ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE NORTHWEST, WITHA RADIUS
OF 1145.51 FEET AND ARC LENGTH OF 151.78 FEET FOR A CHORD OF N65000'03 "E 151.67 FEET TO THE
PDE POINT OF BEGINNING; THENCE LEAVING THE CURVE AND THE FORMER CENTERLINE, ALONG A
NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE SOUTHEAST, WITHA RADIUS OF 167.00
FEET AND ARC LENGTH OF 85.03 FEET, FORA CHORD OF N25°19'22 "E 84.11 FEET,• THENCE LEAVING
THE CURVE S5000529"E 20.00 FEET,• THENCE ALONG A NON -TANGENT CURVE TO THE SOUTHWEST,
CONCAVE TO THE SOUTHEAST, WITHA RADIUS OF 147.00 FEET AND ARC LENGTH OF 56.97 FEET, FOR
A CHORD OF S2804825"W 56.61 FEET OT THE FORMER CENTERLINE; THENCE LEAVING THE CURVE,
ALONG THE FORMER CENTERLINE, ALONG A NON -TANGENT CURVE TO THE SOUTHWEST, CONCAVE TO
THE NORTHWEST, WITHA RADIUS OF 1,145.51 FEET AND ARC LENGTH OF 27.62 FEET FOR A CHORD OF
S60030'52 "W 27. 62 FEET TO THE POINT OF BEGINNING, ENCLOSING 1,425 SQUARE FEET OR O. 033 ACRES.
BLEW 2 1 PAGE
Washington County, AR
I certify this instrument was filed on
06/24/2024 03:12:39 PM
and recorded in Real Estate
File Number 2024-00015656
Kyle Sylvester- Circuit Clerk
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 21, 2024
CITY COUNCIL MEMO
2024-62
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: VAC-2024-0007: Vacation (EAST OF 1074 E. SAIN ST/TRAILS ON THE CREEK, 174):
Submitted by BLEW AND ASSOCIATES for property located EAST OF 1074 E. SAIN
STREET in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 10.60 acres. The request is to vacate 0.076
acres of drainage easement.
RECOMMENDATION:
Staff recommends approval of VAC-2024-0007 as shown in the attached Exhibits 'A' and 'B', and with the
following condition of approval:
Any damage or relocation of existing facilities will be at the property owner/developer's expense;
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. The property
received its current zoning designation of RPZD on November 5, 2020 with the passage of Ordinance 6377 by
City Council. An associated large-scale development for multi -family housing was approved by the Planning
Commission on November 28, 2022 and is currently working its way through the permitting process. Previous
easement and right-of-way vacation requests were heard and approved by City Council on February 21, 2023
(Ordinance 6645 and 6646, respectively).
Request: The applicant proposes to vacate a drainage easement that is currently within three separate
segments and totaling 0.076 acres. These easements are required for vacation to continue moving forward
with a multi -family large-scale development that received approval in November 2022.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested drainage easement vacation. The applicant
submitted all the necessary approvals without objections. A new 20-foot wide drainage easement is planned to
be dedicated to the east of this existing easement to align with the planned drainage system to be installed
with the associated multi -family development.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
N/A
ATTACHMENTS: Exhibit A (#3), Exhibit B (#4), Applicant Request Letter (#5), Petition to Vacate (#6), Survey
(#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 #: 2024-62
VAC-2024-0007: Vacation (EAST OF 1074 E. SAIN ST/TRAILS ON THE CREEK, 174):
Submitted by BLEW AND ASSOCIATES for property located EAST OF 1074 E. SAIN STREET
in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and
contains approximately 10.60 acres. The request is to vacate 0.076 acres of drainage easement.
AN ORDINANCE TO APPROVE VAC-24-07 FOR PROPERTY LOCATED EAST OF 1074 EAST
SAIN STREET IN WARD 3 TO VACATE A 0.076 ACRE PORTION OF DRAINAGE 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 drainage 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
drainage easement 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 condition that any damage to or relocation of any
existing facilities will be at the property owner/developer's expense
Page 1
BLEW
Surveying I Engineering
Environmental
April 18, 2024
City of Fayetteville City Council
125 W. Mountain Street
Fayetteville, AR 72701
SUBJECT: Drainage Easement Vacations for Trails on the Creek
Dear Council Members:
We are requesting to vacate Three Drainage Easements within the Trail on the Creek development, along
Sain Street. The drainage easements followed the previous alignment of an old drainage channel and are no longer
needed. The property is under development and the drainage channel is being replaced with a public box culvert
drainage system.
The 20' wide Easements are named as follows:
PDE — Approximately 70 foot long easement containing 0.037 acres.
North PDE #1— Approximately 75 foot long easement containing 0.03 acres.
South PDE #2 — Approximately 12 foot long easement containing 0.006 acres.
A new drainage easement for the alignment of the box culvert has been dedicated by Easement Plat. Please see the
attached exhibit.
Sincerely,
Cody Sexton
Blew & Associates, PA
479-443-4506 O blewinc.com O 5102 S Pinnacle Hills Pkwy
Rogers, Arkansas 72758
BMW&Ass°CIATES,PA VicinityMapCIVIL ENGINEERS & IAND SURVEYORS
�
Project Number:
19-
19-3732 Certificate of Authorization Ns 1534 Date: 04/18/2024
3825 N. Shiloh Drive ♦ Favetteville, Arkansas 72703 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
Curve #
Arc Leng
C1
59.38'
\
C2
175.94'
C3
185.27'
C4
31.64'
C5
151.78'
C6
85.03'
Curve Table
Radius
Chord Length
Chord Bearinc
1115.51,
59.37'
N85°04'27'E
1115.51'
175.76'
N79°01'52'E
60.00'
119.96'
N71 °25'51'E
60.00'
31.28'
S05°00'10'E
1145.51'
151.67'
N65°00'03'E
167.00'
84.1 V
N25°19'22'E
O C7 56.97' 147.00'
C8 27.62' 1145.51'
765-16854-000
WD 2020 15948 0511912020
THE TRAILS ON THE CREEK
APARTMENTS \
(part Lot 11, Vantage Square, Unit 2)
i�
N
r
C2—'
c1-AIN STREET
S
� 60' ROW
P.O.C.
SW Corner
Orig. Lot11
56.61' S28°4825"W
27.62' S60°30'52"W
Line Table
Line # Distance Bearing
L1 20.00' S50°05'29'E
PDE
G3 GS 1,425.11 SF
\\ 0.03 AC
DO
P.O.B.
PDE VACATION
A Permanent Drainage Easement (PDE) across part of Lot 11 of Vantage Square, Unit 2, as described in a deed filed as Washington County, Arkansas
document 94-047826 (the Parent Tract), and depicted on a plat filed in Washington County Plat Book 10, Page 79, all being in the City of Fayetteville, in
Washington County, Arkansas and the PDE being more particularly described as follows: Commencing at the original southwest corner of the said Lot 11
of Vantage Square, Unit 2, thence along the platted north line of Sain Street for the following courses: along a non -tangent curve to the east, concave to
the north, with a radius of 1,115.51 feet and arc length of 59.38 feet for a chord of N85°04'27"E 59.37 feet of the southwest corner of the Parent Tract;
thence continuing 175.94 feet along the 1,115.51 feet radius curve for a chord N79°01'52"E 175.76 feet, thence leaving the curve, along a non -tangent
curve to the northeast, concave to the southeast, with a radius of 60.00 feet and arc length of 185.27 feet, for a chord of N71 °25'51'E 119.96 feet; thence
leaving the platted north line of Sain Street and continuing 31.64 feet along the 60.00 feet radius curve for a chord of S05°00'10"E of 31.28 feet to the
centerline of the former Sain Street as abandoned by Fayetteville City Ordinance 2883; thence leaving the curve, along the former center of Sain Street,
along a non -tangent curve to the northeast, concave to the northwest, with a radius of 1145.51 feet and arc length of 151.78 feet for a chord of
N65°00'03"E 151.67 feet to the PDE Point of Beginning; thence leaving the curve and the former centerline, along a non -tangent curve to the northeast,
concave to the southeast, with a radius of 167.00 feet and arc length of 85.03 feet, for a chord of N25°19'22"E 84.11 feet; thence leaving the curve
S50°05'29'E 20.00 feet, thence along a non -tangent curve to the southwest, concave to the southeast, with a radius of 147.00 feet and arc length of
56.97 feet, for a chord of S28°4825"W 56.61 feet of the former centerline; thence leaving the curve, along the former centerline, along a non -tangent
curve to the southwest, concave to the northwest, with a radius of 1,145.51 feet and arc length of 27.62 feet for a chord of S60o3O'52"W 27.62 feet to the
Point of Beginning, enclosing 1,425 square feet or 0.033 acres.
PDE Easement Exhibit
100 0 50 100
Sarveyin9
Engineering
Mapping
A. Project Number: (in feet) 1 inch = 100 ft.
20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 02/10/2023
5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
0
North PDE #1 65 3509"�
2 1,612.81 SF S , � g1'
0.037 AC 10
�2
S81
L3
89.51'
P.O.B. `
NORTH PDE #1 VACATION
A Permanent Drainage Easement (PDE) across part of the Southeast
Quarter of the Northeast Quarter (SE/4 NE/4) of Section 26, in `
Township 17 North, Range 30 West, in the City of Fayetteville, in \
Washington County, Arkansas, being also a part of a tract described in 1I
Washington County deed book 799, page 170, and being more
particularly described as follows: Commencing at the southeast
corner of the said SE14 NE14 of Section 26; thence along the south
line of the adjacent Southwest Quarter of the Northwest Quarter of
Section 25, S87'3728'E 140.00 feet; thence leaving the south line
NO2°40'55'E 199.11 feet; thence N41 °08'13"W 279.19 feet to the new
north line of Sain Street; thence along the new north line of Sain
Street for the following courses: S65 °35'09"W 107.91 feet; thence
S62'21'02"W 32.68 feet; thence S59°4342"W 25.52 feet to the point
of curvature of a curve to the right with a radius of 312.00 feet, thence
119.95 feet along the curve for a chord of S70"44'31 "W 119.21 feet to
the point of tangency; thence S81 °45'20"W 89.51 feet to the PDE
Point of Beginning; thence continuing thence S81 "45'20"W 20.16 feet,
thence leaving the new north line of Sain Street, along a non -tangent
curve to the north, concave to the east, with a radius of 167.00 feet
and arc length of 75.25 feet, for a chord of NO2"10'20"W 74.62 feet to
the centerline of the former Sain Street as abandoned by Fayetteville
City Ordnance 2883, thence leaving the curve along the said former
centerline of Sain Street, along a non -tangent curve to the northeast,
concave to the northwest, with a radius of 1145.51 feet and arc length
of 27.62 feet, for a chord of N60030'52'E 27.62 feet; thence leaving the
curve and the former centerline, along a non -tangent curve to the
south, concave to the east, with a radius of 147.00 feet and arc length
of 86.52 feet, for a chord of S00°50'38"W 85.28 feet to the PDE Point
of Beginning, enclosing 1, 613 square feet, or 0.037 acres.
Line Table
Line #
Distance Bearing
L1
32.68' S62°21'02"W
L2
25.52' S59°4342"W
L3
20.16' S81°45'20"W
h
z^ Z^
~co
N °j
C.
CS
CO 6
N Z
CO
SE CLT-177-N,
er
NE 1/4
26
R-30-W
4.84 Acres ± Concrete
SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument
NE 1/4, SE 1/4, Sec. 26,T17N, R30W
1.04 Acres 3
0
I
I
I
140.00'
S 87°23'08" E
1/2" Rebar
South of Line
2.54'
Curve Table
Curve #
Arc Length
Radius
Chord Length
Chord Bearing
C1
75.26'
167.00'
74.62'
S02°10'20"E
C2
27.62'
1145.51'
27.62'
N60°30'52"E
C3
86.52'
147.00'
85.28'
S00°50'38"W
North PDE #1 Easement Exhibit ]
100 D 50 100
Surveying
Engineering
Mapping
A. Project Number: (in feet) 1 inch = 100 ft.
20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 02/02/2023
5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
0
South PDE #2
245.00 SF
0.006 AC
L3 r S84°11'5_
L1
P. O. B.
SOUTH PDE #2 VACATION
A Permanent Drainage Easement (PDE) across part of the Southeast
Quarter of the Northeast Quarter (SE/4 NE/4) of Section 26, in
Township 17 North, Range 30 West, in the City of Fayetteville, in
Washington County, Arkansas, being also a part of a tract described in
Washington County deed book 799, page 170, and being more
particularly described as follows: Commencing at the southeast
corner of the said SE(4 NE/4 of Section 26; thence, along the south
line of the adjacent southwest quarter of the northwest quarter of
Section 25, S87'3728'E 140.00 feet; thence leaving the south line of
NO2°40'55'E 199.11 feet; thence N41 °08'13"W 192.68 feet; thence
S53'55'36"W 143.47 feet; thence S68"16'53"W 124.12 feet; thence
S84' 11'56"W 164.94 feet to the PDE Point of Beginning, thence
S81'4520"W 20.00 feet; thence N08"18'32"W 12.25 feet to the new
south line of Sain Street, thence along the new south line of Sain
Street N81 °45'20'E 20.00 feet; thence leaving the new south line of
Sain Street S08"1832"E 12.25 feet to the PDE Point of Beginning,
enclosing 245 square feet, or 0.006 acres.
Line Table
Line #
Distance
Bearing
L1
20.00'
S81°45'20"W
L2
12.25'
N08°18'32"W
L3
20.00'
N81 °45'20"E
L3
12.25'
S08°18'32"E
36
° g,53"NN- /
56812 12
SE CLT-177-N,
er
NE 1/4
26
R-30-W
4.84 Acres ± Concrete
SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument
NE 1/4, SE 1/4, C. 26,117N, R30W
1.04 Acres 3
0
I
I
I
140.00'
S 87°23'08" E
1/2" Rebar
South of Line
2.54'
South PDE #2 Easement Exhibit
100 0 50 100
Surveying
Engineering
Mapping
A. Project Number: (in feet) 1 inch = 100 ft.
20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 02/10/2023
5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
PETITION
PETITION TO VACATE A PERMANENT DRAINAGE EASEMENT LOCATED IN PART OF LOT 11,
VANTAGE SQUARE, UNIT II„ CITY OF FAYETTEV 1LLE, 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 I.1, Vantage Square, Unit 11, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
A PERMANENT DRAINAGE EASEMENT (PDE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE.
NORTHEAST QUARTER (SEN NE14) OF SECTION 26. IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE
CITY OF FA} ETTEVILLE, IN WASHINGTON COUNTY ARKANSAS, BEING ALSO A PART OF A TRACT
DF.SCRIBFD IN WASIIINGTON COUNTY DEED BOOK 799, PAGE. 170, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORV'ER OF THE SAID SE14 NE14 OF
SECTION 26; THENCE ALONG THE SOUTH LINE OF THE ADJACENT SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25; 987 3 778 "E 140.00 FEET; THENCE LEAVING THE SOUTH LINE
N01 '40'55 "E 199. 11FEET,• THENCE N41.08'13 " FY 279.19 FEET TO THE NEW NORTH LINE OF SAIN
STREET,THENCE ALONG THE NEW NORTH LINE OF SAIN STREET FOR THE FOLLOWING COURSES:
S65 35'09" IV 107.91 FEET,- THENCE S62 21'02 "W 32.68 FEET,• THENCE S59'4342"W 25.52 FEET TO THE
POINT OF CURVATURE OF A CURVE TO THE RIGHT if'ITH A RADIUS OF 312.00 FEET. • THENCE 119. 95
FEET ALONG THE CURVE FOR A CHORD OF S70 44'31 "W 119.21 FEET TO THE POINT OF TANGENCY;
TIfEN'CE S81 45'20 "W 89.51 FF.F.T TO TIIE PDE POINT OF BEGINNhNG: TIIEA'C'E C'ONTINL'1NG THENCE:
S81 45'20" W 20.16 FEET, • THENCE LEAVING THE NEW NORTH LINE OF SAINSTREET, ALONG ANON'
TANGEA'T CtIRVE TO THE NORTII, CONCA 6'F, TO TIfE FAST, WITH A RADIUS OF 167.00 FEET AND ARC
LENGTH OF 75.25 FEET, FOR A CHORD OF NO2'10'20"W 74.62 FEET TO THE CENTERLINE OF THE
FORMER SAIN STREET AS ABANDONED BY FAYETTEV ILLS CITY ORDNANCE 2883, THENCE LEAVING
THE CURVE ALONG THE. SAID FORMER CENTERLINE OF SAIN STREET ALONG A r'VON-TAA'GENT CURVE
TO THE NORTHEAST CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 114511 FEET AND ARC
LENGTH OF 27.62 FEET. FOR A CHORD OF N60 30'52 "E 27, 62 FEET,' THENCE. LEA VING THE CURVE AND
THE FORMER CENTERLINE, ALONG A NOR' TANGENT CURVE TO THE SOUTH, CO;vC A VETO THE. EAST,
VVITHA RADIUS OF 147.00 FEET AND ARC LENGTH OF 86.52 FEET, FOR A CHORD OF S00 50'38 "W 85.28
FEET TO THE PDE POINT OF BEGINNING, ENCLOSING 1.613 SQUARE FEET, OR 0.037 ACRES
AND
A PERMANENT DRAINAGE EASEMENT (PDE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER (SE14 NEE4) OF SECTION 26, IN TOWNSHIP 17 NORTH, RANGE 30 WEST IN THE
CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY ARKANSAS, BEING ALSO A PART OFA TRACT
DESCRIBED IN WASHINGTOA' COUNTY DEED BOOK 799, PAGE 170, AND .BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SE/4 NE14 OF
SECTION 26; THENCF, ALONG THE SOUTH LINT OF THE ADJACENT SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 25, S873778 "E 140.00 FEET; THENCE LEAVING THE SOUTH LIVE
OFN02'40'55 "E 199.11 FEET- THENCE N41 '08'13 "1V 192.68 FEET; THENCE S53'5536"W 143.47 FEET
THENCE S68703 "W 124.12 FEET 7IIENC'E S84'11'S6"1V 164.94 FEET TO THE PDF. POINT OF
BEGINNING; TIIENCE S81 45'20"lY 20.00 I EET• TIIE,'VCE N08'18'32 "11' 12.25 FEET TO TIfE lk'EW SOUTII
LINE OFSAINSTREET, THENCE ALONG THE NEJV SOUTII LiNE OFSAI k' STRF.F.T V81 '45'20"E 20.00
FEET; THENCE LEA VING THE NEW SOUTH LINE OF:SAINSTRE T S08'1832 "E 12.25 FEET TO THE PDE
POINT OF BEGIA:NING, ENCLOSING 245 SQUARE FEET, OR 0.006 ACRES.
AND
A PERMANENT DRAINAGE EASEMENT (PDE) ACROSS PART OF LOT I OF I ANTAGE SQUARE, t1;1VIT 2. AS
DESCRIBED IN A DEED FILED AS WASHINGTON COC.';tiTY, ARKANSAS DOCUMENT 94-047826 (THE
PARENT TRACT), AND DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT BOOK: 10. PAGE. 79,
ALL BEING IN TILE CITY OF FAYETTF.VILLE., LV IVASIIL'YGTO;V COUNTY; ARKA.VSAS AND THE PDE 8F_ING
MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE ORIGLVAL SOUTHWEST
CORNER OF THE. SAID LOTH OF I'AA'TAGE SQUARE UA'IT 2; THENCE ALO1bG THE PLATTED NORTH
LINE OF SAIN STREET FOR THE FOLLOWING COURSE'S: ALONG A NON -TANGENT CUR IIF, TO THE EAST
C ONCA I F. TO THE NORTII, WITH A RADIUS OF /,115. 51 F EET A tiD ARC L FNGTH OF 59.38 FEET FOR A
('HORD OF N85°04'27"E 59.37 FEET OT THE SOUTHWEST CORNER OF THE PARENT TRACT; THENCE.
CONTINVING 175.94 FEET ALONG THE 1,115.51 FEET RADIUS CURVE FOR A CHORD N79°01'32"E 175.76
FEET.• THENCE LEAPING THE CURIE ALONG A A'O.V-TANGENT CU'RVF. TO THE NORTHEAST, CONCAVE
TO THE SOUTHEAST, WITH A RADIUS OF 60.00 F EET AND ARC LENGTH OF 18S.27 FEET, FOR A CHORD
OF N71 025'51 "E 119.96 FEET; THENCE LEA PING THE PLATTED NORTH LINE OF SHIN STREET AND
CONTINUING 31.64 FEET ALONG THE. 60.00 FEET RADIUS CURVE FOR A CHORD OF S05000'10"E OF
31.28 FEET TO THE CENTERLINE OF THE FORMER SHIN STREET AS ABANDONED BY FAYETTEVILLE
CITYORDINANCE 2883; THENCE LEAVING THE CURVE. ALONG THE FORI'!ER CENTER OF SAI,'1`STREET,
ALONG A NON -TANGENT CURIE TO THE NORTHEAST, CON'CAI'E TO THE NORTHWEST, WITH RADIUS
OF 1145. 51 FEET AND ARC LENGTH OF 151.78 FEET FOR A CHORD OF N65600'03 "E I51.67 FEET TO THE
PDE POINT OF BEGINNING; THENCE L EA YING THE CURVEA1vD THE FOR)WER CENTERLINE, ALONG A
NOIV TANGENT CURVE TO THE NORTHEAST, CONCAI'E TO THE SOUTHEAST, WITII A RADIUS OF 167,00
FEET AND ARC LENGTH OF 85.03 FEET, FOR A CHORD OF N25019'22 "E 84.11 FEET; THENCE LEA PING
THE CU'Rb E S50°05'29"E 20.00 FEET, • THENCE ALONG A NON»TANGENT CUR1, E TO THE SOUTHWEST,
CONCAVE TO THE SOUTHEAST WITH RADIUS OF 147.00 FEET AND ARC LENGTH OF 56.97 FEET FOR
A CHORD OF S28°48`25"W 56. 61 FEET OT THE FORMER CENTERLINE; THENCE LEA 6%NG THE CURVE,
ALONG TIIE FORhIER CEN7'FRLINF., ALONG A NION! TANGENT CURVE TO TIIE SOUTIIIVF.ST, CONCAVE
TO THE NORTHIVEST, W1THA RADIUS OF /,145.51 FEET AND ARC LENGTH OF 27.62 FEET FOR A
CHORD OF S60"30'52 "W 27.62 FEET TO THE POINT OF BEGINNING, ENCLOSING 1,425 SQUARE FEET OR
0.033 ACRES.
That the abutting real estate affected by said abandonment of the alley are Lot 11, Vantage Square, Unit I1, 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 easement.
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 respectfidly 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 particulagland the owners be free from the easements of the public for the use of said alley.
Dated this l dday of - f-4 20�.
The Trails on �g Creek Asp nts, a Limited Partnership
By_The Trail, on the C� c A rtments Management
Company, )hc., Its G .n-eralrtner
1' e
By: —f ''
James Earl "L d ' Lindsey,
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Form v1.52
NW4\
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE,AR 72701
Ad number#: 406098 MAY 2 9 2024
PO#: CITY OF FAYE TEV/ILLE
CITY CLERKS OFFICE
Matter of: Ord 6752
AFFIDAVIT•STATE OF ARKANSAS
1,Ma rid tt yN 4 6► 7rdo solemnly swear that I am the L.cgal Clerk 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 6752
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$115.52.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/26/24;NWA nwaonline.com OS/26/24
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/ � �tttuniiii,o
Legal Clerk \\a ,//
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State of ARKANSAS,County of ;nf1 , - �,.o� 2z-203E+,9 'y
Subscribed and sworn to before me on this 28th day of May, = : aOTAR_ ...
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NARY PUBLIC °'',q,iimun,Oa`\'\
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Ordinance:6752
File Number:2024-62
VACATION-2024-0007:(EAST
OF 1074 E.SAIN ST/TRAILS ON
THE CREEK,174):
AN ORDINANCE TO APPROVE
VAC-24-07 FOR PROPERTY LO-
CATED EAST OF 1074 EAST
SAIN STREET IN WARD 3 TO VA-
CATE A 0.076 ACRE PORTION OF
DRAINAGE 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 cor-
porate purposes;and
WHEREAS,the City Council
has determined that the follow- FL Iv r-^ I`V,r-
inq described portion of FL- ID
drainage easement is not re-
quired for corporate purposes.
NOW,THEREFORE,TCE UT CIL MAY 2 9 2024
OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE.
ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville, CITY OF FAYETTEVILIE
Arkansas hereby vacates the CITY CLERK'S OFFICE
portion of drainage easement as
described in Exhibit B attached
to the Planning Department's
moms.
Section 2:A copy of this Ordi-
nance duly certified by the City
Clerk along with the map at-
tached as Exhibit A to the Plan-
ning Department's memo shall
be tiled in the office of the
Washington County Circuit
Clerk.
Section 3:This vacation ap-
proval is subject to the condition
that any damage to or relocation
of any existing facilities will be
at the property owner/devel-
oper's expense
PASSED and APPROVED on
May 21,2024
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:$115.52
May 26,2024 406098
