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Home My WebLink AboutOrdinance 6893113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6893 File Number: 2025-923 Type: REAL ESTATE Kind: ORDINANCE Recorded: 7/10/2025 10:08:30 AM Fee Arm: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00018811 AN ORDINANCE TO APPROVE VAC-25-14 FOR PROPERTY LOCATED AT 241 WEST SPRING STREET IN WARD 2 TO VACATE 0.01 ACRES OF 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 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 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 any existing facilities will be at the property owner's expense. 2. Any stairs from the associated multi -family development cannot encroach into the remaining public right-of- way or must be designed in such a way to meet Public Right -of -Way Accessibility Guidelines (PROWAG) and building code requirements. PASSED and APPROVED on July 1, 2025 Approved: Molly Rawn, Mayor Attest: K �J/ pro 7/ �a 1 :rwtmnr 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 File Number: 2025-00018811 Page 1 of 3 VAC-2025-0014 1 241 W. SPRING ST EXHIBIT A Close Up View IQ` — Urban Center — Alley Planning Area _ - Fayetteville City Limits __ - Design Overlay District Subject Property ID1 iER•ST JQ�- a NORTH Feet 0 75 150 300 450 600 1:2,400 Main Street Center Downtown General File Number: 2025-00018811 Page 2 of 3 EXHIBIT B RIGHT OF WAY VACATION A VARIABLE WIDTH RIGHT OF WAY VACATION, SAID RIGHT OF WAY VACATION BEING A PART OF THE RIGHT OF WAY OF N LOCUST AVENUE AS SHOWN ON THE ORIGINAL TOWN OF FAYETTEVILLE PLAT 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: BEGINNING (POB RW VACATION) ATTHE SOUTHWEST CORNER OF LOT 4, BLOCK 11, OF THE ORIGINAL TOWN OF FAYETTEVILLE PLAT; THENCE N87°14'31"W, 1.57 FEET; THENCE NO2°43'39"E, 156.25 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 7.85 FEET, SAID CURVE HAVING A RADIUS OF 5.00 FEET, AND A CHORD BEARING AND DISTANCE OF N47°43'39"E, 7.07 FEET; THENCE S87°16'21"E, 8.94 FEET TO THE EAST RIGHT OF WAY LINE OF N LOCUST AVENUE; THENCE ALONG SAID EAST LINE, ALONG A NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 22.86 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET, AND A CHORD BEARING AND DISTANCE OF S35°39'28"W, 21.63 FEET, THENCE CONTINUING ALONG SAID EAST LINE, 502°58'15"W, 143.09 FEET TO THE POINT OF BEGINNING (POB RW VACATION), CONTAINING 363 SQ. FT., OR 0.01 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, OR COVENANTS OF RECORD. Washington County, AR I certify this instrument was filed on 7/10/2025 10:08:30 AM and recorded in REAL ESTATE File# 2025-00018811 Kvle Svlvester - Circuit Clerk File Number: 2025-00018811 Page 3 of 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 1, 2025 CITY COUNCIL MEMO 2025-923 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: VAC-2025-0014: Vacation (241 W. SPRING ST/GHSH 241 LLC, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 241 W. SPRING ST. in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.12 acres. The request is to vacate 0.01 acres of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2025-0014 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: • Any damage or relocation of existing facilities will be at the property owner/developer's expense; • Any stairs from the associated multi -family development cannot encroach into the remaining public right-of- way, or must be designed in such a way to meet PROWAG and/or building code requirements. BACKGROUND: The subject property is in downtown Fayetteville on the southeast corner of W. Spring Street and N. Locust Avenue. The property is zoned MSC, Main Street Center, contains approximately 1.12 acres, and was previously developed with an approximately 10,000 sq. ft commercial structure that was destroyed in a fire in December of 2022; an additional 3,800 sq. ft. commercial structure still stands on the property. Development - related variances (VAR-2024-0026) associated with a proposed multi -family structure on the site and a previous right-of-way vacation (VAC-2024-009) were previously approved in 2024, and a grading permit has been issued for the associated development. Request: The applicant proposes to vacate a portion of street right-of-way adjacent to the west side of the subject property which totals approximately 0.01 acres. The applicant intends to redevelop the site with a multi- family housing development. DISCUSSION: Staff supports the applicant's request to vacate a portion of the street right-of-way. The right-of-way is 363- square-feet along the property's western border. Staff finds the removal of the right-of-way is not going to impact the existing service of the associated streets, nor will it negatively affect the existing downtown gridded street network. The vacation is being requested to align the right-of-way with the approved master street plan and necessary street improvements for the associated multi -family development. The applicant has submitted the required vacation approval forms to relevant city departments and franchise Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 utility companies. One adjacent property owner to the south was contacted, but the applicant did not receive a response. Given that the right-of-way in question is not immediately adjacent to the property and does not impact that property owner's access or use of N. Locust Avenue, staff finds that a non -response from the adjacent property owner still represents a complete application. At the June 9, 2025 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval as part of the consent agenda by a vote of 8-0-0. No public comment was provided during the public meeting. Staff received inquiries from the public after the Planning Commission vote about the overall development proposal, and asked to understand the process for members of the public moving forward to speak against the proposed development; those members of the public did not have any specific issues with the vacation itself. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report 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 #: 2025-923 AN ORDINANCE TO APPROVE VAC-25-14 FOR PROPERTY LOCATED AT 241 WEST SPRING STREET IN WARD 2 TO VACATE 0.01 ACRES OF 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 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 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 any existing facilities will be at the property owner's expense. 2. Any stairs from the associated multi -family development cannot encroach into the remaining public right-of-way or must be designed in such a way to meet Public Right -of -Way Accessibility Guidelines (PROWAG) and building code requirements. Page 1 City of Fayetteville Staff Review Form 2025-923 Item ID 7/1/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 6/13/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2025-0014: Vacation (241 W. SPRING ST/GHSH 241 LLC, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 241 W. SPRING ST. in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.12 acres. The request is to vacate 0.01 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 FROM: Jessie Masters, Development Review Manager MEETING DATE: June 9, 2025 Updated with results SUBJECT: VAC-2025-0014: Vacation (241 W. SPRING ST/GHSH 241 LLC, 484): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at 241 W. SPRING ST. The property is zoned MSC, MAIN STREET CENTER and contains approximately 1.12 acres. The request is to vacate 0.01 acres of right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2025-0014 to City Council with a recommendation of approval and with conditions. RECOMMENDED MOTION: `7 move to forward VAC-2024-0014 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in downtown Fayetteville on the southeast corner of W. Spring Street and N. Locust Avenue. The property is zoned MSC, Main Street Center, contains approximately 1.12 acres, and was previously developed with an approximately 10,000 sq. ft commercial structure that was destroyed in a fire in December of 2022; an additional 3,800 sq. ft. commercial structure still stands on the property. Development -related variances associated with a proposed multi- family structure on the site and a previous right-of-way vacation were previously approved in 2024, and a grading permit has been issued for the associated development (VAR-2024- 0026/VAC-2024-0009). Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Mixed -Density Residential DG, Downtown General; MSC, Main Street Center South Commercial/Mixed-Density Residential DG, Downtown General East Mixed -Density Residential MSC, Main Street Center West Commercial/Mixed-Density Residential DG, Downtown General Proposal: The applicant proposes to vacate a portion of street right-of-way adjacent to the west side of the subject property which totals approximately 0.0083 acres. The applicant intends to redevelop the site with a multi -family housing development. DISCUSSION: Staff supports the applicant's request to vacate a portion of the street right-of-way. The right-of- way is 363-square-feet along the property's western border. Staff finds the removal of the right- of-way is not going to impact the existing service of the associated streets, nor will it negatively affect the existing downtown gridded street network. The vacation is being requested to align the Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 1 of 11 right-of-way with the approved master street plan and necessary street improvements for the associated multi -family development. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. One adjacent property owner to the south was contacted, but the applicant did not receive a response. Given that the right-of-way in question is not immediately adjacent to the property, staff finds that a non - response from the adjacent property owner still represents a complete application. Utility Response Cox Communications No objections, provided that any damage or relocation of existing facilities will be at the applicant's expense. AEP/SWEPCO No objections and no comments. Black Hills Energy No objections and no comments. AT&T No objections and no comments. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections and no comments. Solid Waste & Recycling No objections and no comments. Transportation No objections, as long as stairs from the development can't encroach into the right-of-way. Public Comment: Staff has not received any public comment on this item. RECOMMENDATION: Staff recommends forwarding VAC-2025-0014 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. Any stairs from the associated multi -family development cannot encroach into the remaining public right-of-way, or must be designed in such a way to meet PROWAG and/or building code requirements. Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 2 of 11 PLANNING COMMISSION ACTION: Required YES Date: June 9, 2025 O Tabled M Forwarded O Denied with a recommendation Motion: Castin of approval. Second: Cabe ote: 8-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close -Up Map • Current Land Use Map • Applicant Request Letter • Applicant Petition to Vacate • Survey Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 3 of 11 VAC-2025-0014 241 W. SPRING ST One Mile View NORTH w Q 0 0.13 0.25 0.5 Miles I P-1 Il rSubject Property ■ 0 ■ Neighborhood Link - - - Institutional Master Plan Regional Link - High Activity Urban Center- Unclassfied- Alley- Residential Link Shared -Use Paved TrailTrail(Proposed)Design Overlay DistrictFayetteville City Limits Planning Area Pla1 Fay<Lits R-O J J_ RSF-4 zoning = I-2 Ganarel Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION I� NS-G = E-1 RI-U COMMERCIAL RI-12 Residenlial-GFns NS-L C-1 ..id.nYel-Agricunural c-2 RSF-5 = C-3 RSF-1 FORM BASED DISTRICTS RRSF-2 Downtown Gore SFi Urban Tlwroughhre RSFI Main Sheat Center RSFA �Dmmlwm Generel RSF-18 Community S.,i.s RESIDENTIALMULTI-FAMILY Neighborhaad Sery RMF. -ghbon—I Cone J. RM112 PLANNED ZONING DISTRICTS RMF-18 Commercial. Industrial. Residential RMF-sa INSTITUTIONAL RM P-1 INDUSTRIAL I-1 Hmvy Commarclal aM Light Indusidal anninci Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Page 4 of 11 VAC-2025-0014 241 W. SPRING ST Close Up View DICKSON ST liq I I MSC } Subject Property J a w III r a—SPRI ST a y > �> > Q a J J Q Q x M o U) O = m C.) MEADOW ALLEY DOW ST DG—-51 99 CENTER,ST J 1141)� Q NORTH Urban Center Alley Main Street Center Planning Area Feet Downtown General Fayetteville City Limits 0 75 150 300 450 600 ! Design Overlay District 1:2,400 Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 5 of 11 June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 6 of 11 McCLELLAND CONSULTING "CE aummumm ENGINEERS, INC. May 21, 2025 1580 East Stearns Street Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mr.P_us rnm City of Fayetteville, Arkansas RE: Street Right -of -Way Vacation Request (241 W Spring Street Multifamily) Planning Commission and City Council, On behalf of our client, Sterling Hamilton, we are requesting approval to vacate a small portion of the existing street right-of-way along the east side of N. Locust Ave, adjacent to parcel 765- 01774-000. The Original Fayetteville Plat shows the right-of-way at this location at 40 feet wide, and the City of Fayetteville's current Master Street Plan shows the right-of-way at this location at 39-63 feet wide. This street right-of-way vacation request is to vacate a small portion of the existing right-of-way, reducing it to the minimum MSP requirement of 39 feet wide. The calculated width of the right-of-way vacation area is approximately 1.61 feet at the south end, and approximately 2.15 feet at the north end. The length is approximately 156 feet long, and the requested vacation area is approximately 363 square feet. This vacation request is associated with the Grading Permit, GRD-2024-0068, that was approved in March, 2025. Sincerely, McClelland Consulting Engineers, Inc. n Eric Bartels Project Manager mCED CONSULTING ENGINEERS, INC. (479) 443.2377 ebartelsamce.us.com Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 7 of 11 PETITION TO VACATE ITION TO VACATE A STREET RIGHT-OF-WAY LOCATED IN LOT 4, BLOCK 11 OF THE FAYETTEVILLE INAL SUBDIVISION, CITY OF FAYETTEVILLE, ARKANSAS. The City of Fayetteville Planning Commission and 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 4, Block 11 of the Fayetteville Original Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: VARIABLE WIDTH RIGHT OF WAY VACATION, SAID RIGHT OF WAY VACATION BEING A PART OF THE IGHT OF WAY OF N LOCUST AVENUE AS SHOWN ON THE ORIGINAL TOWN OF FAYETTEVILLE PLAT TO HE CITY OF FAYETTEVILLE, ARKANSAS IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO ECORDER OF WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS DLLOWS: BEGINNING (POB RW VACATION) AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 11, OF THE ORIGINAL TOWN OF FAYETTEVILLE PLAT; THENCE N87°14'31"W, 1.57 FEET; THENCE NO2°43'39"E, 156.25 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 7.85 FEET, SAID CURVE HAVING A RADIUS OF 5.00 FEET, AND A CHORD BEARING AND DISTANCE OF N47°43'39"E, 7.07 FEET; THENCE S87016'21"E, 8.94 FEET TO THE EAST RIGHT OF WAY LINE OF N LOCUST AVENUE; THENCE ALONG SAID EAST LINE, ALONG A NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 22.86 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET, AND A CHORD BEARING AND DISTANCE OF S35°39'28"W, 21.63 FEET; THENCE CONTINUING ALONG SAID EAST LINE, S02°58'15"W, 143.09 FEET TO THE POINT OF BEGINNING (POB RW VACATION), CONTAINING 363 SQ. FT., OR 0.01 ACRES. SUBJECT TO ANY ENTS, RIGHTS OF WAY, OR COVENANTS OF RECORD. -he petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described eal estate, subject, however to the existing utility easements and sewer easements as required and that he above -described real estate be used for their respective benefit and purpose as now approved by petitioners further pray that the above -described real estate be vested in the abutting property ers as provided by law. VHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of ayetteville, Arkansas, abandon and vacate the above -described real estate, subject to said utility and ewer easements, and that title to said real estate sought to be abandoned be vested in the abutting roperty owners as provided by law, and as to that particular land the owners be free from the sements of the public for the use of said alley. Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paae 8 of 11 this `b±day of RkLe , 20 nted Name ignature rinted Name gnature Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paae 9 of 11 R/W S870 16' 21"E-8.94' R=5.00', D=7.85' CH=N47043'39"E, CD=7.07'� 16,93' ROW VACATION 363 SQ. FT.---- 0.01 AC. Lu aLu ~ J z >U-1 U ui ui QI� Q LL . (n _1 d �¢cn z � J Lu zW O� a_ M .0 - M 17.94' 0 15 30 R/W SCALE 1" = 30' BRING ST 50' R/W PER ORIGINAL FAYETTE�LAT 39'-63' R/W PER MSP (URBAN CENTER) N / <� — MS ,0 SS 00 RIGHT OF WAY m R+DEDICATED PER N SEPARATE DOCUMENT R=20.00', D=22.86' CH=S35039'28"W, CD=21.63' 25' BTZ I I 5' STREET ESMT PER 1120-665 VACATED BY VACATION ORDINANCE 2024-00019894 M U 00 L.LI M Ln I PARCEL ID: 765-01774-000 NAME: GHSH 241 LLC M c0 MAILING ADDRESS: 170 E PROSPECT ST 0 o FAYETTEVILLE, AR 72701 N DEED:2025-6089 z 0 ZONE: MSC 48,809 SQ. FT., f 1.12 ACRES I SW CORNER LOT 4 POB RW VACATION 870 14' 31"W-1.57' L E G E N D N F- [Y] in 765-01774-000 TAX PARCEL NUMBER RIGHT-OF-WAY VACATION 2025-6089 DEED RECORD EXISTING PROPERTY LINE BASIS OF BEARINGS: ARKANSAS STATE PLANE COORDINATE SYSTEM, NAD 83, NORTH ZONE. (NOT A PLAT OF SURVEY) ee MpNA ER oeWNeV McCLELLAND o E REVISION SPRING STREET APARTMENTS HIM CONSULTING 04 14 zo2s EXHIBIT "A" FAYETTEVILLE, ARKANSAS -ENGINEERS, INC. SCALE: PRONUMBER'. AS NOTED 242 MAP 106 1580 E. STEARNS ST. �/ GHSH 241 LLC FAETEVIL YTLEAR 72703 EX_ 1 Planning COKmrei7sS6977 W H TP://W. COM VAC-2025-0014 (GHSH 241 LLC) Paqe 10 of 11 RIGHT OF WAY VACATION A VARIABLE WIDTH RIGHT OF WAY VACATION, SAID RIGHT OF WAY VACATION BEING A PART OF THE RIGHT OF WAY OF N LOCUST AVENUE AS SHOWN ON THE ORIGINAL TOWN OF FAYETTEVILLE PLAT 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: BEGINNING (POB RW VACATION) AT THE SOUTHWEST CORNER OF LOT 4, BLOCK 11, OF THE ORIGINAL TOWN OF FAYETTEVILLE PLAT, THENCE N87°14'31"W, 1.57 FEET; THENCE NO2°43'39"E, 156.25 FEET, THENCE ALONG A TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 7.85 FEET, SAID CURVE HAVING A RADIUS OF 5.00 FEET, AND A CHORD BEARING AND DISTANCE OF N47°43'39"E, 7.07 FEET, THENCE S87°16'21"E, 8.94 FEET TO THE EAST RIGHT OF WAY LINE OF N LOCUST AVENUE; THENCE ALONG SAID EAST LINE, ALONG A NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 22.86 FEET, SAID CURVE HAVING A RADIUS OF 20.00 FEET, AND A CHORD BEARING AND DISTANCE OF S35°39'28"W, 21.63 FEET, THENCE CONTINUING ALONG SAID EAST LINE, S02°58'15"W, 143.09 FEET TO THE POINT OF BEGINNING (POB RW VACATION), CONTAINING 363 SQ. FT., OR 0.01 ACRES. SUBJECT TO ANY EASEMENTS, RIGHTS OF WAY, OR COVENANTS OF RECORD. Planning Commission June 9, 2025 VAC-2025-0014 (GHSH 241 LLC) Paqe 11 of 11 Form vl.55 NV\ 4,CA DECEIVE 07/07/2025 medza C 'Y OF FAYETTEV LE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 520651 PO#: Matter of: ORD 6893 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 WASHINGTONBENTON 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 6893 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 07/06/25;NWA nwaonline.com 07/06/25 Legal Clerk State of ARKANSAS,County of Sebastian Subscribed and sworn to before me on this 7th day of July, 2025 N ARY PUBLIC Ordinance:6893 File Number: 2025-923 AN ORDINANCE TO APPROVE VAC-25-14 FOR PROPERTY LO- CATED AT 241 WEST SPRING STREET IN WARD 2 TO VACATE 0.01 ACRES OF 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;end WHEREAS,the City Council has determined that the follow- ing described portion of 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 as de- scribed In Exhibit 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 Departments 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: t.Any damage or relocation of any existing facilities will be at the property owner's ex- pense. 2.Any stairs from the associ- ated multi-family development cannot encroach into the re- maining public right-of-way or must be designed in such a way to meet Public Right-of-Way Ac- cessibility Guidelines(PROWAG) and building code requirements. PASSED and APPROVED on July 1,2025 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 July 6,2025 520651