HomeMy WebLinkAboutOrdinance 6871113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6871
File Number: 2025-522
VACATION-2025-0005: (191 S. HILL AVE./VERVE, 522 - STREET RIGHT-OF-WAY):
AN ORDINANCE TO APPROVE VAC-25-05 FOR PROPERTY LOCATED AT 191 SOUTH HILL AVENUE IN
WARD 2 TO VACATE 0.05 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 right-of-way
easements 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 ongoing conditions:
1. Any damage or relocation of existing facilities will be at the property owner/developer's expense.
2. Any easements required to serve the associated development shall be dedicated with the easement plat.
PASSED and APPROVED on May 6, 2025
Approved:
Molly Rawn, Mayor
Attest:
��FNYETIfVILIE A
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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
Page 1
VAC-2025-0005
Close Up View
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Neighborhood Link
Urban Center
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Residential Link
Hillside -Hilltop Overlay District
Planning Area
Fayetteville City Limits
Shared -Use Paved Trail
_ Design Overlay District
191 S. HILL AVE
Subject Property
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PARCEL 765-04808-000
98 DUNCAN LLC
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 2020-00031155:
THE WEST 81.48 FEET OF LOT 7, AND THE WEST 81.48 FEET OF THE SOUTH 25 FEET OF LOT 8, IN BLOCK
5, DUNCAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4
AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. SUBJECT TO A PERPETUAL
EASEMENT FOR WATER LINES, SEWER LINES, AND GAS LINES ACROSS SAID LOTS AS MENTIONED IN DEED
RECORD BOOK 400 AT PAGE 339 AND DEED RECORD BOOK 378 AT PAGE 620. GIS Approved
04/07/2025
RIGHT-OF-WAY VACATION DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST PUTMAN STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC) AT THE SOUTHWEST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, S 87°10'58" E - 1.64 FEET TO THE POINT OF
BEGINNING (POB R/W VAC);
THENCE CONTINUING ALONG SAID SOUTH LINE, S 87°10'58" E - 83.77 FEET;
THENCE LEAVING SAID SOUTH LINE, S 02°31'36" W - 2.08 FEET,
THENCE N 86°36'14" W - 83.78 FEET,
THENCE N 02°47'38" E - 1.23 FEET TO THE POINT OF BEGINNING (POB R/W VAC), CONTAINING 139 SQ.
FT., OR 0.003 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
LE
PARCEL 765-04804-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 5:
PARCEL #5 - LOTS TEN (10), ELEVEN (11) AND TWELVE (12) AND LOTS ONE (1), TWO (2), THREE (3) AND
THE NORTH FIVE (5) FEET OF LOT FOUR (4), ALL IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS.
RIGHT-OF-WAY VACATION 1 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST TREADWELL STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 1) AT THE NORTHWEST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE NORTH LINE OF SAID BLOCK 5, S 87°07'31" E - 3.07 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 1);
THENCE LEAVING SAID NORTH LINE, N 02°47'38" E - 0.43 FEET;
THENCE S 87°23'18" E - 77.76 FEET,
THENCE S 86°51'39" E - 206.04 FEET TO THE NORTH LINE OF SAID BLOCK 5;
THENCE ALONG SAID NORTH LINE, N 87°05'31" W - 283.80 FEET TO THE POINT OF BEGINNING (POB R/W
VAC 1), CONTAINING 135 SQ. FT., OR 0.003 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR
COVENANTS OF RECORD.
RIGHT-OF-WAY VACATION 2 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
GIS Approved
04/07/2025
RIGHT-OF-WAY OF SOUTH HILL AVENUE AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF GIS Approved
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 04/07/2025
COMMENCING (POC R/W VAC 2) AT THE NORTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE EAST LINE OF SAID BLOCK 5, S 02°40'52" W - 0.52 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 2);
THENCE LEAVING SAID EAST LINE, S 86°51'39" E - 2.95 FEET,
THENCE S 00°04'41" E - 35.88 FEET,
THENCE S 02°41'14" W - 116.71 FEET,
THENCE N 87°09'02" W - 4.66 FEET TO THE EAST LINE OF SAID BLOCK 5;
THENCE ALONG SAID EAST LINE, N 02°40'52" E - 152.56 FEET TO THE POINT OF BEGINNING (POB R/W
VAC 2), CONTAINING 682 SQ. FT., OR 0.016 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR
COVENANTS OF RECORD.
PARCEL 765-04805-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 1:
PARCEL #1 - FORTY-FIVE (45) FEET OF EQUAL AND UNIFORM WIDTH OFF THE SOUTH SIDE OF LOT
NUMBERED FOUR (4) AND TEN (10) FEET OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF LOT
NUMBERED FIVE (5) IN BLOCK NUMBERED FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK
AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. GIS Approved
04/07/2025
RIGHT-OF-WAY VACATION 3 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF SOUTH HILL AVENUE AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 3) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE EAST LINE OF SAID BLOCK 5, N 02°40'52" E - 1.16 FEET,
THENCE CONTINUING ALONG SAID EAST LINE, N 02°40'52" E - 98.26 FEET TO THE POINT OF BEGINNING
(POB R/W VAC 3);
THENCE CONTINUING ALONG SAID EAST LINE, N 02°40'52" E - 54.52 FEET,
THENCE LEAVING SAID EAST LINE, S 87°09'02" E - 4.66 FEET,
THENCE S 02°41'14" W - 54.52 FEET;
THENCE N 87°09'55" W - 4.66 FEET TO THE POINT OF BEGINNING (POB R/W VAC 3), CONTAINING 254
SQ. FT., OR 0.006 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
PARCEL 765-04806-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 2:
PARCEL #2 - THE SOUTH FORTY (40) FEET OF LOT NUMBERED FIVE (5) AND ALL OF LOT NUMBERED SIX
(6) IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER
PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS.
RIGHT-OF-WAY VACATION 4 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF SOUTH HILL AVENUE AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF GIS Approved
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 04/07/2025
COMMENCING (POC R/W VAC 4) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE EAST LINE OF SAID BLOCK 5, N 02°40'52" E - 1.16 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 4);
THENCE CONTINUING ALONG SAID EAST LINE, N 02°40'52" E - 98.26 FEET,
THENCE LEAVING SAID EAST LINE, S 87°09'55" E - 4.66 FEET;
THENCE S 02°41'14" W - 98.20 FEET;
THENCE N 87°52'00" W - 4.65 FEET TO THE POINT OF BEGINNING (POB R/W VAC 4), CONTAINING 457
SQ. FT., OR 0.010 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
RIGHT-OF-WAY VACATION 5 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST PUTMAN STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF GIS Approved
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 04/07/2025
COMMENCING (POC R/W VAC 5) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 69.58 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 5);
THENCE LEAVING SAID SOUTH LINE, N 88°11'58" W - 137.50 FEET;
THENCE N 02°36'14" E - 2.44 FEET TO SAID SOUTH LINE OF BLOCK 5;
THENCE ALONG SAID SOUTH LINE OF BLOCK 5 S 87°10'58" E - 137.49 FEET TO THE POINT OF BEGINNING
(POB R/W VAC 5), CONTAINING 168 SQ. FT., OR 0.004 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -
WAY, OR COVENANTS OF RECORD.
PARCEL 765-04807-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 3:
PARCEL #3 - ONE HUNDRED TWENTY-SEVEN (127) FEET OFF OF THE EAST END OF LOTS NUMBERED
SEVEN (7), EIGHT (8) AND NINE (9) IN BLOCK FIVE (5) OF DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS.
RIGHT-OF-WAY VACATION 6 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST PUTMAN STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF GIS Approved
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 04/07/2025
COMMENCING (POC R/W VAC 6) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 69.58 FEET;
THENCE CONTINUING ALONG SAID SOUTH LINE, N 87°10'58" W - 137.49 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 6);
THENCE LEAVING SAID SOUTH LINE, S 02°36'14" W - 2.44 FEET;
THENCE N 88°11'58" W - 31.12 FEET,
THENCE N 86°36'14" W - 90.56 FEET,
THENCE N 02°31'36" E - 2.08 FEET TO SAID SOUTH LINE OF BLOCK 5;
THENCE ALONG SAID SOUTH LINE, S 87°10'58" E - 121.67 FEET TO THE POINT OF BEGINNING (POB R/W
VAC 6), CONTAINING 314 SQ. FT., OR 0.007 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR
COVENANTS OF RECORD.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 6, 2025
CITY COUNCIL MEMO
2025-522
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
SUBJECT: VAC-2025-0005: Vacation (191 S. HILL AVE./VERVE, 522): Submitted by
MCCLELLAND CONSULTING ENGINEERS for property located at 191 S. HILL AVE in
WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains
approximately 2.90 acres. The request is to vacate 0.05 acres of right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC-2025-0005 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. Any easements required to serve the associated development shall be dedicated with the easement plat.
BACKGROUND:
The subject area is in central Fayetteville approximately 300 feet east of Harmon Field and 900 feet northeast
of Fayetteville High School. The overall 2.9-acre subject area contains multiple parcels and is bound by W.
Treadwell St. to the north, S. Hill Ave. to the east, W. Putnam St. to the south, and S. Duncan Ave. to the west.
The area is currently developed with apartments, single-family dwellings, and a largely undeveloped parcel
with off -site parking, with structures being built between 1931 and 1964 according to Washington County
records. The property does not fall within any overlay districts or master plan areas. A rezoning from RMF-40,
Residential Multifamily, 40 Units per Acre to MSC, Main Street Center was approved by City Council on June
18, 2024, with a Bill of Assurance (RZN-2024-0018). A large-scale development was denied by the Planning
Commission and approved by the City Council on appeal in early 2025 to develop the subject property with a
total of 272 multi -family units and associated parking (LSD-2024-0029).
Request: The applicant proposes to vacate a portion of developed street right-of-way totaling 0.05 acres,
ranging from 0.0' - 0.8' wide along W. Treadwell St., 0.0' - 2.9' wide along W. Putnam Street, 2.95' - 4.7' wide
along S. Hill Ave. An independent request for utility easement vacation is being considered separately.
DISCUSSION:
Staff and the Planning Commission support the applicant's request to vacate a portion of right-of-way. The
approved large-scale development included a mixture of right-of-way vacations and dedications to align master
street plan requirements with existing road centerlines. The proposed right-of-way vacation generally align with
that approval, with minor changes after survey discrepancies were discovered and resolved. The total
proposed vacation measures 0.05 acres and would still provide the necessary right-of-way for the adjacent
streets to meet master street plan requirements.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
At the April 14, 2025, Planning Commission meeting, this item was unanimously forwarded 7-0-0 to City
Council with a recommendation of approval. Commissioner Castin motioned, and Commissioner Payne
seconded. The applicant team affirmed that the approved large-scale development plans included a mix of
right-of-way vacations and dedication to align master street plan improvements with the existing streets and
that an easement plat would be submitted this week accordingly. One member of the public spoke on the item,
stating that he was not opposed to this specific request but cautioning the Commission to consider potential
impacts of relatively small requests in overall projects. There was no discussion by the Commission.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), 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 #: 2025-522
VACATION-2025-0005: (191 S. HILL AVE./VERVE, 522 - STREET RIGHT-OF-WAY):
AN ORDINANCE TO APPROVE VAC-25-05 FOR PROPERTY LOCATED AT 191 SOUTH HILL
AVENUE IN WARD 2 TO VACATE 0.05 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
right-of-way easements 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 ongoing conditions:
1. Any damage or relocation of existing facilities will be at the property owner/developer's
expense.
2. Any easements required to serve the associated development shall be dedicated with the
easement plat.
Page 1
City of Fayetteville Staff Review Form
2025-522
Item ID
5/6/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 4/18/2025 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2025-0005: Vacation (191 S. HILL AVE./VERVE, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for
property located at 191 S. HILL AVE in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains
approximately 2.90 acres. The request is to vacate 0.05 acres of right-of-way.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
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: April 14, 2025 (UPDATED WIT MEETING RESULTS)
SUBJECT: VAC-2025-0005: Vacation (191 S. HIL AVE./VERVE, 522): Submitted by
MCCLELLAND CONSIULTING ENGINEERS for property located at 191
S. HILL AVE. The property is zoned MSC, MAIN STREET CENTER and
contains approximately 2.90 acres. The request is to vacate 0.05 acres of
right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC-2025-0005 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"l move to forward VAC-2025-00050 to City Council with a recommendation of approval and with
conditions as recommended by staff. "
MARCH 10 AND MARCH 24, 2025, PLANNING COMMISSION MEETINGS:
At the March 10 and March 24, 2025, Planning Commission meeting, the item was tabled at the
applicant's request to provide additional time for the applicant to resolve survey discrepancies in
the existing right-of-way.
BACKGROUND:
The subject area is in central Fayetteville approximately 300 feet east of Harmon Field and 900
feet northeast of the Fayetteville High School. The 2.9-acre subject area contains multiple parcels
and is bound by W. Treadwell St. to the north, S. Hill Ave. to the west, W. Putnam St. to the south,
and S. Duncan Ave. to the west. The area is currently developed with apartments, single-family
dwellings, and a largely undeveloped parcel with off -site parking, which were built between 1931
and 1964. The property does not fall within any overlay districts or Master Plan areas. A rezoning
from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center was
approved by City Council on June 18, 2024, with a Bill of Assurance (RZN-2024-0018). A large-
scale development was denied by the Planning Commission and approved by the City Council on
appeal in early 2025 to develop the subject property with a total of 272 multi -family units and
associated parking (LSD-2024-0029). Surrounding land uses and zoning are depicted in Table 1.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 1 of 16
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
MSC, Main Street Center
North
Multifamily Residential
DG, Downtown General
RMF-40, Residential Multifamily, 40 Units per Acre
South
Mixed -Density Residential
RMF-40, Residential Multifamily, 40 Units per Acre
East
Multifamily Residential
DG, Downtown General
West
Mixed -Density Residential
MSC, Main Street Center
RMF-40, Residential Multifamily, 40 Units per Acre
Proposal: The applicant proposes to vacate a portion of developed street right-of-way totaling
0.05 acres, ranging from 0.0' - 0.8' wide along W. Treadwell St., 0.0' - 2.9' wide along W. Putnam
Street, 2.95' - 4.7' wide along S. Hill Ave.
DISCUSSION:
Staff supports the applicant's request to vacate a portion of right-of-way. The approved large-
scale development included a mixture of right-of-way vacations and dedications to align master
street plan requirements with existing road centerlines. The proposed right-of-way vacation
generally aligns with that approval with minor changes after the survey discrepancies were
resolved. The total proposed vacation measures 0.05 acres and would still provide the necessary
right-of-way for the adjacent streets to meet master street plan requirements.
Vacation Approval: The applicant has submitted the required vacation approval forms to relevant
city departments and franchise utility companies with the following responses.
Utility Response
Cox Communications No objections, provided that any damage or relocation of any Cox
facilities will be at the applicant's expense.
AEP/SWEPCO No objections, provided that easements required by SWEPCO
shall be finalized at a later date.
Black Hills Energy No objections and no comments.
AT&T No objections, provided any AT&T Facilities located within
vacated right-of-way must either be relocated to the proposed
right-of-way at the owner's expense or included in a newly created
easement to accommodate the existing AT&T infrastructure along
S Hill Ave. A UE shall be coordinated and provided should
existing AT&T infrastructure be located outside of the proposed
ROW.
Ozarks Electric
Citv of Favetteville
Water/Sewer
Solid Waste & Recycling
Transportation
No objections and no comments.
Response
No objections and no comments.
No objections and no comments.
No objections and no comments.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 2 of 16
Public Comment: To date, staff has not received any public comment on this item.
RECOMMENDATION: Staff recommends forwarding VAC-2025-0005 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, and
2. Any easements required to serve the associated development shall be dedicated with the
easement plat.
PLANNING COMMISSION ACTION: Required YES
jDate: April 14, 2025 O Tabled 2111 Forwarded O Denied
Motion: CASTIN "I move to forward VAC-2025-00050 to City Council with a
recommendation of approval and with conditions as
Second: PAYNE recommended by staff."
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Applicant Exhibits
o Applicant Request Letter
o Applicant Petition to Vacate
o Survey — Right-of-way to be Vacated
• One Mile Map
• Close -Up Map
• Current Land Use Map
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 3 of 16
McCLELLAND 1580 E Stearns St.
ffl"C,E�CONSULTING Fayetteville, AR 73703/72702-1229
479 -443-2377/Fax 479-443-9241
ENGINEERS, INC. www.mcclelland-engrs.com
April 3, 2025
Planning Commission
Fayetteville Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
RE: Right -of -Way Vacation Request for VERVE Student Housing
Planning Commission,
Please accept this Right -of -Way Vacation request for the VERVE Student Housing development
located along 191 S. Hill Avenue , Fayetteville, AR, 72701. These ROW Vacation requests are
to remove existing ROW along the perimeter of the to accommodate the city's Master Street
Plan in reference to the project requirements for street improvements. The ROW in question is
approximately 2,134.44 sq ft along the perimeter of the project site. The intent of this request is
to remove the encroachment of the ROW to accommodate the proposed building footprint and
required Master Street Plan street sections as approved during the Large -Scale Development's
ROW determination. The approximate ROW vacation dimension ranges along the four project
perimeter streets are as follows:
1. West Treadwell: 0.0' - 0.8'
2. West Putman Street: 0.0' - 2.9'
3. South Hill Avenue: 2.95' - 4.7'
4. South Duncan Avenue: 0.0' — 0.0'
If you should have any questions, please do not hesitate to contact me. We appreciate your
continued support of this project.
Sincerely,
McClelland Consulting Engineers, Inc.
Adam B. Osweiler, PE
Principal I Sr. Project Manager
(479) 443.2377
aosweiler(a)mce.us.com
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 4 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
McCLELLAND
CONSULTING "CE
ENGINEERS, INC.
April 3, 2025
TO: Fayetteville Planning Commission & City Council
RE: VERVE Student Housing Right -of -Way Vacation Petition
1580 East Stearns St.
Fayetteville, AR 72703
(479) 443.2377 P 1 (479) 443.9241 F
mr.P-us rnm
PETITION TO VACATE STREET RIGHT-OF-WAY IN SOUTH HILL AVE., WEST TREADWELL ST., AND
WEST PUTNAM ST. LOCATED IN PARTS OF BLOCK 5 IN VARIOUS LOTS OF THE DUNCAN'S, I.W. ADD
SUBDIVISION OF THE ORIGINAL TOWN OF FAYETTEVILLE, CITY OF FAYETTEVILLE, ARKANSAS.
We, the undersigned, being all the owners of the real estate abutting the street right-of-way hereinafter sought
to be abandoned and vacated, lying in Block 5 of various lots of the Duncan's, I.W. Add subdivision of the
Original Town of Fayetteville, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate street
right-of-way is as follows:
See attached descriptions and exhibits for each street right-of-way requested to be vacated.
That the abutting real estate affected by said abandonment of the street right-of-way are a part of Block 5 of
various lots of the Duncan's, I.W. Add subdivision of the Original Town of Fayetteville, City of Fayetteville used
by the public for a period of many years, and that the public interest and welfare would not be adversely
affected by the abandonment of the portion of the above -described street right-of-way.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described real
estate, subject, however, to 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 easements, and that title to said
real estate sought to be abandoned by 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 real estate.
Sincerely,
S(igned by: 4/4/2025
Katherine Faught of Kerr Investment Company F�_�nccrncrnnnaor
Signed
dbby:
� DocuSigned by:
/ / � 4/4/2025 4/4/2025
------------
Marcus and Alexis Necessary of 98 Duncan LLC
DocuSigned by: L(k;
by:
4/4/2025 4/4/2025
Kim and Cecily Brawner of Brawner Real Estate LLC wbra1 vxr brawvar
ca.9 asagasaee
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 5 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
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FAYETTEVILLE, AR 72703
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VAC-2025-0005 (VERVE)
Paqe 6 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
PARCEL 765-04808-000
98 DUNCAN LLC
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 2020-00031155:
THE WEST 81.48 FEET OF LOT 7, AND THE WEST 81.48 FEET OF THE SOUTH 25 FEET OF LOT 8, IN BLOCK
5, DUNCAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4
AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. SUBJECT TO A PERPETUAL
EASEMENT FOR WATER LINES, SEWER LINES, AND GAS LINES ACROSS SAID LOTS AS MENTIONED IN DEED
RECORD BOOK 400 AT PAGE 339 AND DEED RECORD BOOK 378 AT PAGE 620.
RIGHT-OF-WAY VACATION DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST PUTMAN STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC) AT THE SOUTHWEST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, S 87°10'58" E - 1.64 FEET TO THE POINT OF
BEGINNING (POB R/W VAC);
THENCE CONTINUING ALONG SAID SOUTH LINE, S 87°10'58" E - 83.77 FEET;
THENCE LEAVING SAID SOUTH LINE, S 02°31'36" W - 2.08 FEET,
THENCE N 86°36'14" W - 83.78 FEET,
THENCE N 02°47'38" E - 1.23 FEET TO THE POINT OF BEGINNING (POB R/W VAC), CONTAINING 139 SQ.
FT., OR 0.003 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 7 of 16
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REVISIONS
DATE DESCRIPTION VERVE HOUSING PROJECT LSD
RIGHT-OF-WAY VACATION EXHIBIT
FAYETTEVILLE,ARKANSAS
MCCLELLAND
CONSULTING
Tvo!l ENGINEERS, INC.
1580 E. STEARNS ST.
(479) 443FP97*PNIy i uIIUI
HTTP://W W W.MCE.US.CONApril 14
Page 8 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
PARCEL 765-04804-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 5:
PARCEL #5 - LOTS TEN (10), ELEVEN (11) AND TWELVE (12) AND LOTS ONE (1), TWO (2), THREE (3) AND
THE NORTH FIVE (5) FEET OF LOT FOUR (4), ALL IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE
CITY OF FAYETTEVILLE, ARKANSAS.
RIGHT-OF-WAY VACATION 1 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST TREADWELL STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 1) AT THE NORTHWEST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE NORTH LINE OF SAID BLOCK 5, S 87°07'31" E - 3.07 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 1);
THENCE LEAVING SAID NORTH LINE, N 02°47'38" E - 0.43 FEET;
THENCE S 87°23'18" E - 77.76 FEET;
THENCE S 86°51'39" E - 206.04 FEET TO THE NORTH LINE OF SAID BLOCK 5;
THENCE ALONG SAID NORTH LINE, N 87°05'31" W - 283.80 FEET TO THE POINT OF BEGINNING (POB R/W
VAC 1), CONTAINING 135 SQ. FT., OR 0.003 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR
COVENANTS OF RECORD.
RIGHT-OF-WAY VACATION 2 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF SOUTH HILL AVENUE AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 2) AT THE NORTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE EAST LINE OF SAID BLOCK 5, S 02°40'52" W - 0.52 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 2);
THENCE LEAVING SAID EAST LINE, S 86°51'39" E - 2.95 FEET,
THENCE S 00°04'41" E - 35.88 FEET,
THENCE S 02°41'14" W - 116.71 FEET,
THENCE N 87°09'02" W - 4.66 FEET TO THE EAST LINE OF SAID BLOCK 5;
THENCE ALONG SAID EAST LINE, N 02°40'52" E - 152.56 FEET TO THE POINT OF BEGINNING (POB R/W
VAC 2), CONTAINING 682 SQ. FT., OR 0.016 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR
COVENANTS OF RECORD.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 9 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
PARCEL 765-04805-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 1:
PARCEL #1 - FORTY-FIVE (45) FEET OF EQUAL AND UNIFORM WIDTH OFF THE SOUTH SIDE OF LOT
NUMBERED FOUR (4) AND TEN (10) FEET OF EQUAL AND UNIFORM WIDTH OFF THE NORTH SIDE OF LOT
NUMBERED FIVE (5) IN BLOCK NUMBERED FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK
AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS.
RIGHT-OF-WAY VACATION 3 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF SOUTH HILL AVENUE AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 3) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE EAST LINE OF SAID BLOCK 5, N 02°40'52" E - 1.16 FEET,
THENCE CONTINUING ALONG SAID EAST LINE, N 02°40'52" E - 98.26 FEET TO THE POINT OF BEGINNING
(POB R/W VAC 3);
THENCE CONTINUING ALONG SAID EAST LINE, N 02°40'52" E - 54.52 FEET,
THENCE LEAVING SAID EAST LINE, S 87°09'02" E - 4.66 FEET,
THENCE S 02°41'14" W - 54.52 FEET;
THENCE N 87°09'55" W - 4.66 FEET TO THE POINT OF BEGINNING (POB R/W VAC 3), CONTAINING 254
SQ. FT., OR 0.006 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 10 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
PARCEL 765-04806-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 2:
PARCEL #2 - THE SOUTH FORTY (40) FEET OF LOT NUMBERED FIVE (5) AND ALL OF LOT NUMBERED SIX
(6) IN BLOCK FIVE (5) OF I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER
PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS.
RIGHT-OF-WAY VACATION 4 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF SOUTH HILL AVENUE AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 4) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE EAST LINE OF SAID BLOCK 5, N 02°40'52" E - 1.16 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 4);
THENCE CONTINUING ALONG SAID EAST LINE, N 02°40'52" E - 98.26 FEET,
THENCE LEAVING SAID EAST LINE, S 87°09'55" E - 4.66 FEET;
THENCE S 02°41'14" W - 98.20 FEET;
THENCE N 87°52'00" W - 4.65 FEET TO THE POINT OF BEGINNING (POB R/W VAC 4), CONTAINING 457
SQ. FT., OR 0.010 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR COVENANTS OF RECORD.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 11 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
RIGHT-OF-WAY VACATION 5 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST PUTMAN STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 5) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 69.58 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 5);
THENCE LEAVING SAID SOUTH LINE, N 88°11'58" W - 137.50 FEET;
THENCE N 02°36'14" E - 2.44 FEET TO SAID SOUTH LINE OF BLOCK 5;
THENCE ALONG SAID SOUTH LINE OF BLOCK 5 S 87°10'58" E - 137.49 FEET TO THE POINT OF BEGINNING
(POB R/W VAC 5), CONTAINING 168 SQ. FT., OR 0.004 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -
WAY, OR COVENANTS OF RECORD.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 12 of 16
Docusign Envelope ID: 0597AF5E-08A8-457E-89C6-EA47ECD52390
PARCEL 765-04807-000
KERR INVESTMENT COMPANY
RIGHT-OF-WAY VACATION
PROPERTY DESCRIPTION PER WARRANTY DEED 798-65, PARCEL 3:
PARCEL #3 - ONE HUNDRED TWENTY-SEVEN (127) FEET OFF OF THE EAST END OF LOTS NUMBERED
SEVEN (7), EIGHT (8) AND NINE (9) IN BLOCK FIVE (5) OF DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE RECORDED PLAT OF SAID ADDITION ON FILE IN
THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS.
RIGHT-OF-WAY VACATION 6 DESCRIPTION:
A VARIABLE WIDTH RIGHT-OF-WAY VACATION, SAID RIGHT-OF-WAY VACATION BEING A PART OF THE
RIGHT-OF-WAY OF WEST PUTMAN STREET AS SHOWN ON I.W. DUNCAN'S ADDITION TO THE CITY OF
FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF
WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING (POC R/W VAC 6) AT THE SOUTHEAST CORNER OF BLOCK 5, I.W. DUNCAN'S ADDITION;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK 5, N 87°10'58" W - 69.58 FEET,
THENCE CONTINUING ALONG SAID SOUTH LINE, N 87°10'58" W - 137.49 FEET TO THE POINT OF
BEGINNING (POB R/W VAC 6);
THENCE LEAVING SAID SOUTH LINE, S 02°36'14" W - 2.44 FEET,
THENCE N 88°11'58" W - 31.12 FEET,
THENCE N 86°36'14" W - 90.56 FEET,
THENCE N 02°31'36" E - 2.08 FEET TO SAID SOUTH LINE OF BLOCK 5;
THENCE ALONG SAID SOUTH LINE, S 87°10'58" E - 121.67 FEET TO THE POINT OF BEGINNING (POB R/W
VAC 6), CONTAINING 314 SQ. FT., OR 0.007 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS -OF -WAY, OR
COVENANTS OF RECORD.
Planning Commission
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 13 of 16
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 14 of 16
VAC-2025-0005 191 S. HILL AVE
Close Up View
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P-1
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 15 of 16
April 14, 2025
VAC-2025-0005 (VERVE)
Paqe 16 of 16
Form v1.55
NV\ A R DECEIVE
05/12/2025
media C Ty OF FAYETTEV LLE
CITY CLERK'S OFFICE
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE,AR 72701
Ad number#: 506859
PO#:
Matter of: ORD 6871
AFFIDAVIT•STATE OF ARKANSAS
I, Maria Hernandez-Lopez ,do solemnly swear that 1 am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHING'1'ONBEN I'ON 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 6871
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 05/11/25;NWA nwaonline.com 05/11/25
ahAS
Legal Clerk ;` s.. y``9
State of ARKANSAS,County of Sebastian _ pT N
Subscribed and sworn to before me on this 12th day of May,2025 = 's•4
PUBS \c-'
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N ARY PUBLIC
Ordinance:6871
File Number: 2025-522
VACATION-2025-0005: (191
S. HILL AVE./VERVE, 522 -
STREET RIGHT-OF-WAY):
AN ORDINANCE TO APPROVE
VAC-25-05 FOR PROPERTY LO-
CATED AT 191 SOUTH HILL AV-
ENUE IN WARD 2 TO VACATE
0.05 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:ard
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 Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of right-of-way ease-
ments as described in Exhibit 8
attached to the Planning De-
partment's memo.
Section 2:A copy of this Ordi-
nance duly certifiec 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
ongoing conditions:
1.Any damage or relocation
of existing facilities will be at
the property owner/developer's
expense.
2.Any easements required to
serve the associated develop-
ment shall be dedicated with
the easement plat.
PASSED and APPROVED on
May 6,2025
Approved:
Molly Rawn,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:5124.64
May 11,2025 506859
