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Doc ID: 021855550004 Type: REL
Kind: ORDINANCE
Recorded: 11/18/2024 at 02:19:29 PM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2024-00030365
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6802
File Number: 2024-660
VACATION-2024-0018: (314 W. LAFAYETTE ST./UNIVERSITY BAPTIST CHURCH,484):
AN ORDINANCE TO APPROVE VAC-24-18 FOR PROPERTY LOCATED AT 314 WEST LAFAYETTE STREET
IN WARD 2 TO VACATE 0.34 ACRES 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 or relocation of existing facilities will be at the property owner/developer's expense;and
2. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of-way to be
vacated as shown on the Exhibit C attached to the Planning Department's memo.
PASSED and APPROVED on November 12,2024
Page 1
Ordinance: 6802
File Number: 2024-660
Approved:
Attest:
Shelton, Senior Deputy City Clerk
�l
A,�• C'\TY
FAYETTEVILLE ;�'
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ I30.12—
Page 2
VAC-2024-0018
Close Up View
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Alley
Residential Link
Planning Area
- - Fayetteville City Limits
— — — Shared -Use Paved Trail
_ Design Overlay District
314 W. LAFAYETTE ST
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VAC-2024-0018
EXHIBIT 'A'
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Neighborhood Conservation
VAC-2024-0018
EXHIBIT'B'
A 30 FOOT WIDE ALLEY BETWEEN LOT 1 AND LOT 2 OF BLOCK 4 OF COUNTY COURT ADDITION AS
PER PLAT RECORD 0004-00000002 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASH INGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2;
THENCE ALONG THE WEST LINE THEREOF S00002'27"E 500.94 FEET TO THE NORTH RIGHT-OF-
WAY OF WEST LAFAYETTE STREET;
THENCE ALONG SAID RIGHT-OF-WAY N90000'00"W 30.00 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 1;
THENCE ALONG THE EAST LINE THEREOF N00002'27"W 500.11 FEET TO THE SOUTH RIGHT-OF-
WAY OF WEST MAPLE STREET;
THENCE ALONG SAID RIGHT-OF-WAY N82046'55"E 6.85 FEET;
THENCE ALONG SAID RIGHT-OF-WAY S89056'28"E 23.20 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.34 ACRES, MORE OR LESS.
Washington County,AR
I certify this instrument was filed on
11/18/2024 02:19:29 PM
and recorded in Real Estate
File Number 2024-00030365
Kyle Sylvester- Circuit Clerk
by
Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
OF 4AYETTF
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4 RKAN SPS
113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 12, 2024
CITY COUNCIL MEMO
2024-660
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Donna Wonsower, Planner
SUBJECT: VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH,
484): Submitted by CRAFTON TULL for property located at 314 W. LAFAYETTE ST in
WARD 2. The property is zoned DG, DOWNTOWN GENERAL and contains
approximately 4.75 acres. The request is to vacate 0.34 acres of street right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2024-0018 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; and
2. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of-way to be
vacated as shown on the attached Exhibit C.
BACKGROUND:
The subject property is in central Fayetteville, approximately 400 feet east of the intersection of W. Lafayette
St. and N. West Ave. The property is zoned DG and encompasses lots 1 and 2 of the County Court replat (8
parcels per the Washington County Assessor). The entire property is located within the Downtown Master Plan
Area and is the site of University Baptist Church.
Request: The applicant proposes to vacate 0.34 acres of right-of-way platted with the County Court replat.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested right-of-way vacation. All documents have been
received with no objections or issues identified. Staff find that while this right-of-way technically serves 8
separate properties, all are owned by University Baptist Church and it is a "paper alley" (dedicated, but never
developed) Multiple buildings, including the main University Baptist Church structure, have since been
constructed which encroach in to the right-of-way.
At the October 14, 2024 Planning Commission meeting, this item was unanimously forwarded to City Council
with a recommendation of approval as part of the consent agenda. No public comment was provided either
prior to or during the public meeting.
BUDGET/STAFF IMPACT:
NA
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C - Alley Vacation and New Dedication (#6),
Staff Report (#7), Petition to Vacate (#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 #: 2024-660
VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH,
484): Submitted by CRAFTON TULL for property located at 314 W. LAFAYETTE ST in WARD
2. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 4.75 acres.
The request is to vacate 0.34 acres of street right-of-way.
AN ORDINANCE TO APPROVE VAC-24-18 FOR PROPERTY LOCATED AT 314 WEST
LAFAYETTE STREET IN WARD 2 TO VACATE 0.34 ACRES 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 or relocation of existing facilities will be at the property owner/developer's
expense; and
2. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-of-
way to be vacated as shown on the Exhibit C attached to the Planning Department's memo.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-660
Legistar File ID
3/19/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/1/2024 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY BAPTIST CHURCH, 484): Submitted by CRAFTON
TULL for property located at 314 W. LAFAYETTE ST in WARD 2. The property is zoned DG, DOWNTOWN GENERAL
and contains approximately 4.75 acres. The request is to vacate 0.34 acres of street right-of-way.
Account Number
Project Number
Budgeted Item? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
Fund
Project Title
$
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
EXHIBIT
W MAPLE ST g
12 L3
P.O.B. ALLEY VACA11ON
NW CORNER
LOT 2 BLOCK 4
80' X 30' SWEPCO GRAPHIC SC ff0'-
UTILITY ESMT TO REMAIN
80' 0 80'
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LOT 1 BLOCK 4 a
PLAT RECORD 0004-00000002 LOT 2 BLOCK 4
UNIVERSITY BAPTIST CHURCH PLAT RECORD 0004-00000002
DEED RECORDS 514-57, UNIVERSITY BAPTIST CHURCH
678-483, 682-444, 688-448, DEED RECORD 453-508
698-301, 698-302, 738-109,
744-491, 744-492 &
874-337 PARCEL LINE TABLE
LINE DIRECTION LENGTH
L1 N90' 00' 00"W 30.00'
L2 N82' 46' WE 6.85'
L3 S89' 56' 28"E 23.20'
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THE ALLEY VACATION DESCRIPTION, AND DOES NOT CONSTITUTE A
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1 OF 1
24301601
08/13/2024
Reviewed by:
Donna Wonsower, Planner
Development Services
APPROVED
300 N College Ave., Suite 317
Fayetteville, Arkansas 72703
Crafton Tull
479.636.4838 t
www.craftontull.com
CITY OF
FAYETTEVILLE
V0.111F ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Gretchen Harrison, Senior Planner
FROM: Donna Wonsower, Planner
MEETING DATE: October 14, 2024 (UPDATED WITH MEETING RESULTS)
SUBJECT: VAC-2024-0018: Vacation (314 W. LAFAYETTE ST/UNIVERSITY
BAPTIST CHURCH, 484): Submitted by CRAFTON TULL for property
located at 314 W. LAFAYETTE ST. The property is zoned DG,
DOWNTOWN GENERAL and contains approximately 4.75 acres. The
request is to vacate 0.34 acres of street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2024-0018 to the City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
"1 move to forward VAC-2024-0018 to the City Council with a recommendation of approval, with
conditions as outlined by staff."
BACKGROUND:
The subject property is in central Fayetteville, approximately 400 feet west of the intersection of
W. Lafayette St. and N. West Ave. The property is zoned DG and encompasses lots 1 and 2 of
the County Court replat (8 parcels per the Washington County Assessor). The entire property is
located within the Downtown Master Plan Area. Surrounding land use and zoning is depicted on
Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Mixed -Density Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
South
Multifamily Residential
DG, Downtown General
East
Single -Family Residential
DG, Downtown General
West
Mixed -Density Residential
DG, Downtown General
Proposal: The applicant proposes to vacate 0.34 acres of right-of-way that was platted with the
County Court replat. The right-of-way is a paper alley which was never developed and has since
been constructed as part of the church facility, including multiple buildings which encroach into
the right-of-way.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested right-of-way vacation, since all final
documents have been received by City staff with no objections or issues identified. Staff finds that
Planning Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 1 of 10
while the right-of-way in question technically serves 8 lots that are still legal lots of record since
they do not appear to have been formally combined through a property line adjustment, all parcels
are owned by University Baptists Church.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses.
Utility Response
Cox Communications Any damage or relocation of existing facilities will be at the
property owner/developer's expense
AEP/SWEPCO An 80' x 30' utility easement shall be dedicated over the
northernmost portion of the right-of-way to be vacated as shown
on the attached exhibit.
Black Hills Energy AR No objections and no comment.
AT&T Any damage or relocation of existing facilities will be at the
property owner/developer's expense
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections and no comment.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: Staff have not received any public comment regarding this request.
RECOMMENDATION: Staff recommends forwarding VAC-2024-0018 to City Council with a
recommendation of approval, 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. An 80' x 30' utility easement shall be dedicated over the northernmost portion of the right-
of-way to be vacated as shown on the attached exhibit.
Planning Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 2 of 10
PLANNING COMMISSION ACTION: Required YES
Date: October 14, 2024 O Tabled ® Forwarded O Denied
Motion: CASTIN ON CONSENT AGENDA
MOTION TO FORWARD TO THE CITY COUNCIL WITH A RECOMMENDATION,
Second: GULLEY WITH CONDITIONS AS RECOMMENDED BY STAFF
Vote: q
BUDGET/STAFF IMPACT:
None
Attachments:
• Applicant Request Letter
• Applicant Petition to Vacate
• Survey — Right-of-way to be vacated
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 3 of 10
CIF Crafton Tull
August 12, 2024
City of Fayetteville
Planning Commission & City Council
125 W. Mountain Street
Fayetteville, AR 72701
RE: University Baptist Church — Alley Vacation
CTA Job No. 24301601
To whom it may concern,
901 N 47th Street, Suite 400
Rogers, AR 72756
479.636.4838 (ph)
479.631.6224 (fax)
This submittal is for the vacation of a Alley within the University Baptist Church development area.
This site is located at 333 W Maple Street. One of the existing structures falls within the existing
Alley. We are requesting the Alley be vacated according to the attached exhibit.
Should you have any questions, or require any additional information, please contact us at your
convenience.
Sincerely,
Sean Johnson
Survey Project Manager
Planning Commission
October 14, 2024
8 (UNIVERSITY BAPTIST CHURCH)
Paqe 4 of 10
PETITION TO VACATE an Alley located between parcels 765-04331-000 & 765-04334-100 of Lots 1
& 2 of Block 4 of County Court Addition, City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to
be abandoned and vacated, lying between parcels 765-04331-000 & 765-04334-100 of Lots 1 & 2 of
Block 4 of County Court Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to
vacate an alley which is described in the attached Exhibit.
A 30 FOOT WIDE ALLEY BETWEEN LOT 1 AND LOT 2 OF BLOCK 4 OF COUNTY COURT ADDITION AS
PER PLAT RECORD 0004-00000002 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2;
THENCE ALONG THE WEST LINE THEREOF S00002'27"E 500.94 FEET TO THE NORTH RIGHT-OF-
WAY OF WEST LAFAYETTE STREET;
THENCE ALONG SAID RIGHT-OF-WAY N90000'00"W 30.00 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 1;
THENCE ALONG THE EAST LINE THEREOF N00002'27"W 500.11 FEET TO THE SOUTH RIGHT-OF-
WAY OF WEST MAPLE STREET;
THENCE ALONG SAID RIGHT-OF-WAY N82046'55"E 6.85 FEET;
THENCE ALONG SAID RIGHT-OF-WAY S89056'28"E 23.20 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.34 ACRES, MORE OR LESS.
SUBJECTTO: 80'X 30'SWEPCO UTILITY EASEMENT TO REMAIN.
The abutting real estate affected by said abandonment of the alley are parcels 765-04331-000, 765-
04334-100, 765-04333-000, 765-04329-000, 765-04332-000, 765-04334-000, 765-04335-000 &
765-04330-000, City of Fayetteville, used by the public for a period of many years, and the public
interest and welfare would not be adversely affected by the abandonment of the portion of the
described alley.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the described
real estate, subject, however, to the existing utility easements and sewer easements as required,
and that the described real estate be used for their respective benefit and purpose as now
approved by law.
The petitioners further request that the described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request 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 alley of the public for the use of said alley.
Planning Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 5 of 10
Dated this 14 day of August . 20 24
Stephen Martin, Associate Pastor
Printed Name
Signature
Planning Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 6 of 10
EXHIBIT
80' X 30' SWEPCO
UTILITY ESMT TO REMAIN
LOT 1 BLOCK 4
PLAT RECORD 0004-00000002
UNIVERSITY BAPTIST CHURCH
DEED RECORDS 514-57,
678-483, 682-444, 688-448,
698-301, 698-302, 738-109,
744-491, 744-492 &
874-337
W MAPLE ST g
L3
P.O.B. ALLEY VACATION
NW CORNER
LOT 2 BLOCK 4
LOT 2 BLOCK 4 '
PLAT RECORD 0004-00000002
UNIVERSITY BAPTIST CHURCH
DEED RECORD 453-508
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1 OF 1
24301601
08/13/2024
GRAPHIC N
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PARCEL LINE TABLE
LINE
DIRECTION
LENGTH
L1
N90' 00' WW
30.00'
L2
N82' 46' WE
6.85'
L3
S89' 56' 28"E
23.20'
300 N College Ave., Suite 317
Fayetteville, Arkansas 72703
Crafton Tull
Planning Commission 479.636.4838 t
October 14, 2Pq 4 craftontull.com
Paqe 7 of 10
VAC-2024-0018
One Mile View
W
W.
P-1
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Urban Center
- Unclassified
- Alley
- Residential Link
Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
1 1 Planning Area
R-O
314 W. LAFAYETTE ST
NORTH
0 0.13 0.25 0.5 Miles Q
RMF24MI
Subject Property
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MSC
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RSFA
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RMF-18
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RMF-sa
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RM
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Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Page 8 of 10
VAC-2024-0018
Close Up View
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Alley
Residential Link
Planning Area
- - Fayetteville City Limits
— — — Shared -Use Paved Trail
_ Design Overlay District
314 W. LAFAYETTE ST
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0 75 150 300 450 600
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RSF-4
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Main Street Center
Downtown General
Neighborhood Conservation
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 9 of 10
vac-2024-0018 314 W. LAFAYETTE ST
Current Land Use NORTH
� Q •�• t W -
Mixed Density Residential
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Subject Property �T
Mixed Density Residential
Mixed Density Residential
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DICKSON ST12
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Urban Center FEMA Flood Hazard Data
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Residential Link 100-Year Floodplain
- - - Trail (Proposed) Feet Floodway
Planning Area 0 112.5 225 450 675 900
Fayetteville City Limits
_ Design Overlay District :3,600
anninq Commission
October 14, 2024
VAC-2024-0018 (UNIVERSITY BAPTIST CHURCH)
Paqe 10 of 10
PETITION TO VACATE an Alley located between parcels 765-04331-000 & 765-04334-100 of Lots 1
& 2 of Block 4 of County Court Addition, City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the alley hereinafter sought to
be abandoned and vacated, lying between parcels 765-04331-000 & 765-04334-100 of Lots 1 & 2 of
Block 4 of County Court Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to
vacate an alley which is described in the attached Exhibit.
A 30 FOOT WIDE ALLEY BETWEEN LOT 1 AND LOT 2 OF BLOCK 4 OF COUNTY COURT ADDITION AS
PER PLAT RECORD 0004-00000002 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2;
THENCE ALONG THE WEST LINE THEREOF S00002'27"E 500.94 FEET TO THE NORTH RIGHT-OF-
WAY OF WEST LAFAYETTE STREET;
THENCE ALONG SAID RIGHT-OF-WAY N90000'00"W 30.00 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 1;
THENCE ALONG THE EAST LINE THEREOF N00002'27"W 500.11 FEET TO THE SOUTH RIGHT-OF-
WAY OF WEST MAPLE STREET;
THENCE ALONG SAID RIGHT-OF-WAY N82046'55"E 6.85 FEET;
THENCE ALONG SAID RIGHT-OF-WAY S89056'28"E 23.20 FEET TO THE POINT OF BEGINNING,
CONTAINING 0.34 ACRES, MORE OR LESS.
SUBJECT TO: 80'X30'SWEPCO UTILITY EASEMENT TO REMAIN.
The abutting real estate affected by said abandonment of the alley are parcels 765-04331-000, 765
04334-100, 765-04333-000, 765-04329-000, 765-04332-000, 765-04334-000, 765-04335-000 &
765-04330-000, City of Fayetteville, used by the public for a period of many years, and the public
interest and welfare would not be adversely affected by the abandonment of the portion of the
described alley.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the described
real estate, subject, however, to the existing utility easements and sewer easements as required,
and that the described real estate be used for their respective benefit and purpose as now
approved by law.
The petitioners further request that the described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request 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 alley of the public for the use of said alley.
Dated this day of , 20
Printed Name
Signature
Form v1.54
NV‘ AoN
nledia RECEIVED
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 1 9 2024
113 W MOUNTAIN CITY OF FAYETTEVICE
L
FAYE'I"I'EVILLE, AR 72701 CITY CLERK'S OFFI
Ad number#: 457243
PO#:
Matter of: ORD 6802
AFFIDAVIT•STATE OF ARKANSAS
I Maria 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 ofARKANSAS;that I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6802
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$130.72.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 11/17/24;NWA nwaonline.com 11/17/24
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Legal Cl ,„o„�,i .::, ,
State ofARKANSAS,County of Sebastian of•,"12z a� f f`�A
Subscribed and sworn to before me on this 18th day of November, 2024 >" ,OT AR y -
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ORDICE:6802
File Number:NAN 2024-660
VACATION-2024-0018: (314
W.LAFAYETTE ST./UNIVERSITY
BAPTIST CHURCH,484):
AN ORDINANCE TO APPROVE
VAC-24-18 FOR PROPERTY LO-
CATED AT 314 WEST LAFAYETTE
STREET IN WARD 2 TO VACATE
0.34 ACRES 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 portion 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 portion of street right-of-
way as described in Exhibit B
attached to the Planning De-
partment'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 flied In the office of the
Washington County Circuit
Clerk.
Section 3:This vacation ap-
proval is subject to the following
conditions:
1.Any damage or relocation
of existing facilities will be at
the property owner/developer's
expense;and
2.An 80'x 30'utility ease-
ment shall be dedicated over
the northernmost portion of the
right-of-way to be vacated as
shown on the Exhibit C attached
to the Planning Department's
memo,
PASSED and APPROVED on
November 12,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Jackson Shelton,
Senior Deputy City Clerk
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:S130.72
November 17,2024 457243