HomeMy WebLinkAboutOrdinance 6769 1111111111311111111111111111111111111111
Doc ID: 021678940004 Type: REL
FaYr�. Kind: ORDINANCE
o° Recorded: 07/22/2024 at 02:09:15 PM
T, Fee Amt: $30.00 Page 1 of 4
Washington County, AR
`. Kyle Sylvester Circuit Clerk
1 "'��`�`° File2024-00018342
\RR A NS
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6769
File Number: 2024-210
VACATION-2024-0011: (EAST OF 1074 E.SAIN ST/TRAILS ON THE CREEK, 174):
AN ORDINANCE TO APPROVE VAC-24-1 1 FOR PROPERTY LOCATED EAST OF 1074 EAST SAIN STREET
IN WARD 3 TO VACATE A 0.66 ACRE PORTION OF GENERAL UTILITY 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 general utility 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 general utility
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 following conditions:
1. Any damage to or relocation of any existing facilities will be at the owner/developer's expense.
2. Any conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville.
PASSED and APPROVED on July 2,2024
0V:. I T RE:SCi i
. �.
Appro d: Attest: ,• \G-0 Op •; .'�
•
v AyET3 EV1t_L .
ioneld Jorda yor Kara Paxton,City Cler Treasurer ��i� ; ;it ;` �
This publi ti was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Pa : $ l Z 611-
Page 1
VAC-2024-0011
Close Up View
c-z
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,ST
Neighborhood Link
Residential Link
Planning Area
' Fayetteville City Limits
— — — Shared -Use Paved Trail
__1 Design Overlay District
1074 E. SAIN ST
VAC-2024-0011
EXHIBIT 'A'
i
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Subject Property
Feet
0 75 150 300 450 600
1:2,400
.'
RMF-24
1-1 Heavy Commercial and Light Industrial
C-2
Commercial, Industrial, Residential
P-1
VAC-2024-0011
BLEW EXHIBITS'
Surveying I Engineering
Environmental
UTILITY EASEMENT 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 FORTY ACRE TRACT, AND
RUNNING THENCE S87023'08 "E 140. 00 , THENCE N0203652 "E 200.26 , THENCE N41 °10'35 "W 458.13 ,
THENCE S4804431 "W 71.26, THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1145.51,
WITHA CHORD BEARING AND DISTANCE OF S5003743 "W 73.63 , THENCE N37031'45 "W 30.05 , THENCE
ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51, WITHA CHORD BEARING AND
DISTANCE OF S59041 '03 "W 282.56' TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG A
CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51, WITHA CHORD BEARING AND DISTANCE OF
S67036'09"W 25.01, THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF
60. 00, WITHA CHORD BEARING AND DISTANCE OF S71 °23'28 "W 119.95 , THENCE ALONG A NON -
TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51, WITHA CHORD BEARING AND
DISTANCE OF S79001 '48 "W 175. 71, THENCE N00001 21 "W 25.16' THENCE ALONG A CURVE TO THE
LEFT, HAVING A RADIUS OF 1089.31, WITHA CHORD BEARING AND DISTANCE OF N79031'31 "E 147.36,
THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 85.00 , WITHA CHORD
BEARING AND DISTANCE OF N7905352 "E 167.01' TO THE POINT OF BEGINNING. CONTAINING 0.21
ACRES, MORE OR LESS.
AND
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 °10'35 "W 458.13 ,
THENCE S4804431 "W 71.26, THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1145.51,
WITHA CHORD BEARING AND DISTANCE OF S5003743 "W 73. 63 , THENCE N37031 '45 "W 30.05' TO THE
POINT OF BEGINNING.
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51, WITHA CHORD BEARING
AND DISTANCE OF S59041 '03 "W 282. 56 ,
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 85. 00, WITHA CHORD
BEARING AND DISTANCE OF N29022'40 "W 25.16 ,
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1090.51, WITHA CHORD
BEARING AND DISTANCE OF N60° 11 '34 "E 262. 52 , THENCE S71001 '02 "E 30.11 ' TO THE POINT OF
BEGINNING.
CONTAINING 0.16 ACRES, MORE OR LESS.
AND
APART 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 168. 78 , THENCE S43011 '08 "E 9.53 , THENCE
N46048'52 "E 60.00' TO THE POINT OF BEGINNING, THENCE ALONG A NON -TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 60. 00, WITH A CHORD BEARING AND DISTANCE OF S8405749 "E 3 7.52,
THENCE N43011'08"W 37.51, THENCE N43011'08"W 205.96, THENCE ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 185.00, WITHA CHORD BEARING AND DISTANCE OF N57°47'30"W 93.30, THENCE
N72023'50"W 178.38 , THENCE S4804434 "W 8.01, THENCE ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 1175.51, WITHA CHORD BEARING AND DISTANCE OF S4901849 "W 21.67, THENCE ALONG A
NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 160.00, WITHA CHORD BEARING AND
DISTANCE OF S74007'10 "E 9. 62 , THENCE S72023'50 "E 184.29 , THENCE ALONG A CURVE TO THE RIGHT,
479-443-4506 O blewinc.com O 5102 S Pinnacle Hills Pkwy
Rogers, Arkansas 72758
VAC-2024-0011
EXHIBIT 'B'
HAVING A RADIUS OF 160.00, WITHA CHORD BEARING AND DISTANCE OF S5704729'E 80.69, THENCE
S43011 '08'E 215.49' TO THE POINT OF BEGINNING. CONTAINING 0.29 ACRES, MORE OR LESS.
BLEW 2 1 PAGE
Washington County. AR
I certify this instrument was filed on
07/22/2024 02:09:15 PM
and recorded in Real Estate
File Number 2024-00018342
Kyle Sylvester- Circuit Clerk
by ;=y:' <: t 'r_'..
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 2, 2024
CITY COUNCIL MEMO
2024-210
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-2024-0011: 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 0.66
acres of utility easement.
RECOMMENDATION:
Staff recommends approval of VAC-2024-0011 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 property owner/developer's expense;
2. Any and all conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville.
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 RPZD, Residential Planned Zoning District zoning designation on November 5, 2020 with
the passage of Ordinance 6377. An associated large-scale development for multi -family housing was approved
by the Planning Commission on November 28, 2022 and is currently under permit review. Previous easement
and right-of-way vacation requests were heard and approved by City Council on February 21, 2023 (Ordinance
6645 and 6646, respectively). An additional drainage easement was vacated by City Council on May 21, 2024
(Ordinance 6752).
Request: The applicant proposes to vacate a utility easement on the property that was dedicated in 1989. The
easement is in three apparent segments, totaling 0.66 acres. Vacating these easements is necessary to
continue moving forward with the aforementioned multi -family large-scale development.
DISCUSSION:
City of Fayetteville staff recommend in favor of the requested easement vacation. The applicant submitted all
the necessary approvals without objections, but with the conditions as outlined above. Any new easements
necessary for the construction of the proposed multi -family development will be dedicated through an
associated easement plat, which is currently under review.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate
(#7), Survey (#8)
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 #: 2024-210
VAC-2024-0011: 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 0.66 acres of utility easement.
AN ORDINANCE TO APPROVE VAC-24-11 FOR PROPERTY LOCATED EAST OF 1074 EAST
SAIN STREET IN WARD 3 TO VACATE A 0.66 ACRE PORTION OF GENERAL UTILITY
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 general utility
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
general utility 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 following conditions:
1. Any damage to or relocation of any existing facilities will be at the owner/developer's expense.
2. Any conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-210
Item ID
7/2/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/14/2024 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
VAC-2024-0011: 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 0.66
acres of utility easement.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
BLEW
Surveying I Engineering
Environmental
May 14, 2024
City of Fayetteville City Council
125 W. Mountain Street
Fayetteville, AR 72701
SUBJECT: Utility Easement Vacation for Trails on the Creek
Dear Council Members:
We are requesting to vacate the Utility Easement just north and south of the right-of-way of Sain Street.
This utility easement followed the previous obsolete right-of-way and is no longer needed. The property is under
development. A new utility easement has been dedicated by Easement Plat. Please see the attached exhibit.
Sincerely,
C-"- J A
Cody Sexton
Blew & Associates, PA
479-443-4506 O blewinc.com O 5102 S Pinnacle Hills Pkwy
Rogers, Arkansas 72758
PETITION
PETITION TO VACATE A PERMANENT UTILITY EASEMENT LOCATED IN PART OF LOT 11,
VANTAGE SQUARE, UNIT II„ CITY OF FAYETTEVILLE, ARKANSAS.
'C0: 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 11, Vantage Square, Unit II, City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate an easement which is described as follows:
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS, TO- WIT.- COMMENCING AT THE SOUTHEAST
CORNER OF SAID FOR TYACRE TRACT, AND RUNNING THENCE S87023'08"E 140.00 , THENCE
N02036'52 "E 200.26 ; THENCE N41010'35"W 458.13 , THENCE S4804431 "W 71.26 , THENCE ALONG
A CURVE TO THE RIGHT, HA VING A RADIUS OF 1145. 51, WITHA CHORD BEARING AND
DISTANCE OF S5003743 "W 73.63 , THENCE N3 7031'45 "W 30.05 , THENCE ALONG A CURVE TO
THE RIGHT, HA VING A RADIUS OF 1115. 51, WITHA CHORD BEARING AND DISTANCE OF
S59041'03 "W 282.56' TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG A CURVE
TO THE RIGHT, HA VING A RADIUS OF 1115. 51, WITH A CHORD BEARING AND DISTANCE OF
S67036'09"W 25.01, THENCE ALONG A NON TANGENT CURVE TO THE LEFT, HAVING A RADIUS
OF 60. 00, WITHA CHORD BEARING AND DISTANCE OF S7102328"W 119.95 , THENCE ALONG A
NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 1115.51, WITHA CHORD
BEARING AND DISTANCE OF S79001'48 "W 175. 71, THENCE N0000121 "W 25.16' THENCE ALONG
A CUR VE TO THE LEFT, HA VING A RADIUS OF 1089.31, WITH A CHORD BEARING AND
DISTANCE OF N7903131 "E 147.36 , THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT,
HAVING A RADIUS OF 85. 00, WITH A CHORD BEARING AND DISTANCE OF N79053 `52 "E 167. 01 '
TO THE POINT OF BEGINNING. CONTAINING 0.21 ACRES, MORE OR LESS.
F.,IN
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
N02036'52 "E 200.26 , THENCE N41010'35"W 458.13 , THENCE S4804431 "W 71.26 ; THENCE ALONG
A CURVE TO THE RIGHT, HAVING A RADIUS OF 1145.51; WITII A CHORD BEARING AND
DISTANCE OF S5003743 "W 73. 63 , THENCE N37031 '45 "W 30. 05' TO THE POINT OF BEGINNING.
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1115. 51, WITHA CHORD
BEARING AND DISTANCE OF S59041'03 "W 282.56 ,
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 85. 00; WITHA
CHORD BEARING AND DISTANCE OF N29022'40"W 25.16,
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 1090.51, WITH
A CHORD BEARING AND DISTANCE OF N60011 '34 "E 262. 52 , THENCE S71001 /021E 30.11 ' TO THE
POINT OF BEGINNING.
CONTAINING 0.16 ACRES, MORE OR LESS.
109
APART 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 °36'52 "E 168. 78 , THENCE S43 ° I 1 '08 "E 9.53 , THENCE N46°48'52 "E 60. 00' TO THE POINT OF
BEGINNING, THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
60. 00 , WITHA CHORD BEARING AND DISTANCE OF S8405749 "E 37.52 , THENCF. N430II 'O8 "W
37.51, THENCE N43 °11'08"W 205.96 , THENCE ALONG A CURVE TO THE LEFT, HAVING A
RADIUS OF 185.00, WITHA CHORD BEARING AND DISTANCE OF N57°47'30"W 93.30, THENCE
N72023'50"W 178.38, THENCE S48°4434"W 8.01, THENCEALONGA CURVE TO THERIGHT,
HA VING A RADIUS OF H 75. 51; WITH A CHORD BEARING AND DISTANCE OF S49 °18'49"W
21.67, THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 160.00 ,
WITHA CHORD BEARING AND DISTANCE OF S74007'10"E 9.62 , THENCE S72023'50"E 184.29 ,
THENCE ALONG A CUR VE TO THE RIGHT, HA VING A RADIUS OF 160. 00, WITH A CHORD
BEARING AND DISTANCE OF S5704729"E 80.69 , THENCE S43011'08"E 215.49' TO THE POINT OF
BEGINNING. CONTAINING 0.29 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the alley are Lot 11, Vantage Square, Unit 11, 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 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 15i day of � , 20 14
6 t�l 6-4,
Printed Name
Signature
BMW&Ass°CIATES,PA VicinityMapCIVIL ENGINEERS & IAND SURVEYORS
�
Project Number:
19-
19-3732 Certificate of Authorization Ns 1534 Date: 05/14/2024
3825 N. Shiloh Drive ♦ Fayetteville, Arkansas 72703 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax
N37° 31' 45.48"W
= 30.052
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3
Utility Easement —� O 3
Vacation #1 R
M� ���o�,2a3;
9,147SF �+ 6
0.21 A C Q %A\
L=175.896, R=1115.510 3 3
L=25.013, R=1115.510 1UJ
S00° 01' 20.64"E
25.162 "1 LO
N
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cM O
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SE 1/4, NE 1/4 N
Section 26 O
UTILITY EASEMENT VACATION #1 (PLAT BOOK 10, PG. 72) "-N, i,3 t. —
4.84Rcrest Concrete
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST SEi114,SE14, NE /4,Sec28,T1 N,R30W M.
men
QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 NEi/4, SE 1/0Se 4Ai,�%77N,R30W
i/2"Rebar
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE s°°1h°1Line
2,54'
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: S870 23' 08.32"E
COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY 140.000
ACRE TRACT, AND RUNNING THENCE S87°23'08"E 140.00'I
THENCE NO2°36'52"E 200.26', THENCE N41°10'35"W 458.13',
THENCE S48°44'31"W 71.26', THENCE ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 1145.51', WITH A CHORD BEARING
AND DISTANCE OF S50°37'43"W 73.63', THENCE N37°31'45"W
30.05', THENCE ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 1115.51', WITH A CHORD BEARING AND DISTANCE
OF S59°41'03"W 282.56' TO THE POINT OF BEGINNING, THENCE
CONTINUING ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 1115.51', WITH A CHORD BEARING AND DISTANCE
OF S67°36'09"W 25.01', THENCE ALONG A NON -TANGENT
CURVE TO THE LEFT, HAVING A RADIUS OF 60.00', WITH A
CHORD BEARING AND DISTANCE OF S71°23'28"W 119.95',
THENCE ALONG A NON -TANGENT CURVE TO THE RIGHT,
HAVING A RADIUS OF 1115.51', WITH A CHORD BEARING AND
DISTANCE OF S79°01'48"W 175.71', THENCE N00°01'21"W 25.16'
THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF
1089.31', WITH A CHORD BEARING AND DISTANCE OF
N79°31'31"E 147.36', THENCE ALONG A NON -TANGENT CURVE
TO THE RIGHT, HAVING A RADIUS OF 85.00', WITH A CHORD
BEARING AND DISTANCE OF N79°53'52"E 167.01' TO THE POINT
OF BEGINNING. CONTAINING 0.21 ACRES, MORE OR LESS.
Utility Easement #1 Vacation Exhibit
100 50 100
Surveying
Engineenng
Mapping
A. Project Number: (in feet) 1 inch = 150 ft.
20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 05/14/2024
5104 S. Pinnacle Hills Pkwy * Rogers, Arkansas 72758 * 479.443.4506 Office • 479.582.1883 Fax
1\1
S71 ° 01' 02.15"E
30.105 P.O.B.
Utility Easement
Vacation #2 N-
6,969 SF o
0.16AC
L=263.162, R=1090.510
1-11 / / N370 31' 45.48"W Q
30.052 �\ ScP
'\L=283.319, R=1115.510
L=25.250, R=85.000
UTILITY EASEMENT VACATION #2 (PLAT BOOK 10, PG. 79
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 FORTY
ACRE TRACT, AND RUNNING THENCE S87°23'08"E 140.00',
THENCE NO2°36'52"E 200.26', THENCE N41°10'35"W 458.13',
THENCE S48°44'31"W 71.26', THENCE ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 1145.51', WITH A CHORD BEARING
AND DISTANCE OF S50°37'43"W 73.63', THENCE N37°31'45"W
30.05' TO THE POINT OF BEGINNING.
THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
1115.51', WITH A CHORD BEARING AND DISTANCE OF
S59°41'03"W 282.56',
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING
A RADIUS OF 85.00', WITH A CHORD BEARING AND DISTANCE
OF N29°22'40"W 25.16',
THENCE ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING
A RADIUS OF 1090.51', WITH A CHORD BEARING AND DISTANCE
OF N60°11'34"E 262.52', THENCE S71°01'02"E 30.1 V TO THE
POINT OF BEGINNING.
CONTAINING 0.16 ACRES, MORE OR LESS.
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I
SE 114, NE 114, Sec. 26,T17N, R30W Monument
I
NE
114, SE 114, Sec. 26,T17N, R30W
1.04 Acres t
S87° 23' 08.32"E _7
1 An nnn
I Utility Easement #2 Vacation Exhibit 1
B LrS"rveying
Engineering
MappingSProject Number:
20-4434 Trails on the Creek
100 0 50 100
(in feet) 1 inch = 100 ft.
Certificate of Authorization N 1534 Date: 05/14/2024
5104 S. Pinnacle Hills Pkwy • Rogers, Arkansas 72758 •479.443.4506 Office • 479.582.1883 Fax
N43° 11' 7.64"W
205.962
L=94.315, R=185.003
N72° 23' 49.64"W
178.375
L=21.671, R=1175.510
Utility Easement
Vacation #3
12,632
0.29 ACF S72° 23' 49.64"E
184.289
L=81.570, R=160.002
S430 11' 07.64"E
215. A 91
N46° 8' 52.36"E
60.000
S43° 11' 07.64"E
9.530
UTILITY EASEMENT VACATION #3 (PLAT BOOK 10. PG. 72)
A PART OF THE SOUTHEAST QUARTER OF THE NORTHEASToo
z ? a
QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 w N 3 N o
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: C/) c W
COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT, AND RUNNING THENCE S87°23'08"E 140.00',
THENCE NO2°36'52"E 168.78', THENCE S43°11'08"E 9.53', THENCE 100
N46°48'52"E 60.00' TO THE POINT OF BEGINNING, THENCE SE Corner LO
ALONG ANON -TANGENT CURVE TO THE RIGHT, HAVING A SE 1/4, NE 1/4 06
C,..) I to
RADIUS OF 60.00', WITH A CHORD BEARING AND DISTANCE OF Section 26T-17-N, R-30-W N
S84°57'49"E 37.52', THENCE N43°11'08"W 37.51', THENCE 4.64Acrest Concrete O I
N43°11'08"W 205.96', THENCE ALONG A CURVE TO THE LEFT, SE 114, NE 114, Sec. 26,T17N, R30W Monument — z
HAVING A RADIUS OF 185.00', WITH A CHORD BEARING AND NE 114, SE 114, Sec. 26,T17N, R30W _
DISTANCE OF N57°47'30"W 93.30', THENCE N72°23'50"W 178.38', 1.04Acres ±
THENCE S48°44'34"W 8.01', THENCE ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 1175.51', WITH A CHORD BEARING S87° 23' 08.32"E
AND DISTANCE OF S49°18'49"W 21.67', THENCE ALONG A 140.000
NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
160.00', WITH A CHORD BEARING AND DISTANCE OF L=38.164, R=60.
S74°07'10"E 9.62', THENCE S72°23'50"E 184.29', THENCE ALONG
A CURVE TO THE RIGHT, HAVING A RADIUS OF 160.00', WITH A
CHORD BEARING AND DISTANCE OF S57°47'29"E 80.69',
THENCE S43°11'08"E 215.49' TO THE POINT OF BEGINNING.
CONTAINING 0.29 ACRES, MORE OR LESS.
Utility Easement #3 Vacation Exhibit
100 0 50 100
E�gineenng
Mapping
& B 6 6 0 C 11 , P. A. Project Number: (in feet) 1 inch = 100 ft.
20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 05/14/2024
5104 S. Pinnacle Hills Pkwv + Rogers, Arkansas 72758 + 479.443.4506 Office + 479.582.1883 Fax
P.
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an
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i
1
Form v1 52
NVN
inedza
RECEIVED
Account#: NWCL5004205 JUL 0 9 2024
Company: CITY OF FAYE F1•bVILLE-CLERKS OFFI
113 W MOUNTAIN CCITY�CERK S 0 FICE
FAYETTEVILLE, 72701
Ad number#: 418127
PO #:
Matter of: ORD 6769
AFFIDAVIT•STATE OF ARKANSAS
1, M AR aria Hernandez-Lopez .do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that 1 was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6769
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$124.64.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 07/07/24;NWA nwaonline.com 07/07/24
�\�\\u i t i iir,,,i
\\\\`\\ B R 4 S�yF'%,�
` \ss R.I.
C_ N.12-203,, 4..
Legal Clerk „,:z �•+ :�,_
�' PUBO ' ryo:
State ofARKANSAS,County of Sebastian �...c, � ,k7�
Subscribed and sworn to before me on this 8th day of July, `jai M!?,!!
''/��/COUINky:\\`\
NTARY PUBLIC
Ordinance:6769
File Number: 2024-210
VACATION-2024.0011:(EAST
OF 1074 E.SAIN ST/TRAILS ON
THE CREEK,174):
AN ORDINANCE TO APPROVE
VAC-24-11 FOR PROPERTY LO-
CATED EAST OF 1074 EAST
SAIN STREET IN WARD 3 TO VA-
CATE A 0.66 ACRE PORTION OF
GENERAL UTILITY 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-
ing described portion of general
utility easement is not required
tor 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 portion of general utility
easement as described in Ex-
hibit B attached to the Planning
Department's memo.
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 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 reloca-
tion of any existing facilities will
be at the owner/developer's ex-
pense.
2.Any conflicting water or
sewer lines must be relocated
and accepted by the City of
Fayetteville.
PASSED and APPROVED on
July 2,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$124.64
July 7,2024 418127