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Home My WebLink AboutOrdinance 6901113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6901 File Number: 2025-1355 Type: REAL ESTATE Kind: ORDINANCE Recorded: 8/28/2025 2: 17:55 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00024034 AN ORDINANCE TO APPROVE VAC-25-15 FOR PROPERTY LOCATED AT EAST MARTIN LUTHER KING, JR. BOULEVARD AND SOUTH COLLEGE AVENUE IN WARD 1 TO VACATE APPROXIMATELY 0.04 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 condition that any damage or relocation of any existing facilities will be at the property owner's expense. PASSED and APPROVED on August 19, 2025 Approved: M * -�O " Molly Rawn, Mayor Attest: J✓�// 4�vp a `si'NAM 1* 0. Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $110.96 Page 1 File Number: 2025-00024034 Page 1 of 3 VAC-2025-0015 E. MARTIN LUTHER KING JR VAC-2025-0015 CWeUpView BLVD & S. COLLEGE AVE EXHIBIT QRSF-18MR P& Q F v1 w nlMrSubjemct Property o 5TH ; 'IN LUTHER 3 JR BLVD il P-1 Neighborhood Link Urban Center — Unclassified Residential Link Feet -- Planning Area Fayetteville City Limits 0 75 150 300 450 600 j Design Overlay District 1:2,400 File Number: 2025-00024034 Page 2 of 3 \ 1FJE 8 V C-202EXHIBIT B15 �r Engineers • Surveyors 7230 S Pleasant Ridge Or 1 Fayetteville, AR 72704 PH: (479) 442.93501 batesnwa.com LEGAL DESCRIPTION FOR ALLEY VACATION: A 14 FOOT WIDE PLATTED ALLEY AS SHOWN ON THE FINAL PLAT OF JENNING'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID ALLEY RUNNING PARALLEL AND ADJACENT TO THE SOUTH LINE OF LOTS 8,9 AND 10, BLOCK 5, AND RUNNING PARALLEL AND ADJACENT TO THE NORTH LINE OF LOTS 8, 9, 10, BLOCK 6 OF SAID JENNING'S ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS NO2°50'34"E 75.00' AND N0204727"E 68.00' FROM AN EXISTING MAG NAIL MARKING THE SOUTHEAST CORNER OF LOT 10 OF SAID BLOCK 6 OF JENNING'S ADDITION AND RUNNING THENCE N86035'50"W 134.96', THENCE N02049'00"E 14.00', THENCE S86°35'50"E 134.95', THENCE S02047'27"W 14.00' TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR I certify this instrument was filed on 8/28/2025 2: 17:55 PM and recorded in REAL ESTATE File# 2025-00024034 Kvle Svlvester - Circuit Clerk File Number: 2025-00024034 Page 3 of 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 19, 2025 CITY COUNCIL MEMO 2025-1355 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: VAC-2025-0015 (E. MARTIN LUTHER KING BLVD/S. COLLEGE AVEJ3V QOZB LLC, 523): Submitted by COMMUNITY BY DESIGN for property located at E. MARTIN LUTHER KING JR BLVD & S. COLLEGE AVE in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.30 acres. The request is to vacate 0.04 acres of right-of-way. RECOMMENDATION: Staff and the Planning Commission recommend approval of VAC-2025-0015, the vacation of the right-of-way as shown in the attached Exhibit'C', with the following conditions: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense. BACKGROUND: The subject property is located in central Fayetteville at the northeast corner of the intersection of E. Martin Luther King Jr. Blvd and S. College Avenue. The property lies in the Walker Park Neighborhood Master Plan area, and received its current zoning designation of DG, Downtown General, in 2023 (Ordinance No. 6650). The property with the right-of-way in question contains 0.30 acres and is undeveloped; a site improvement plan (SIP-2025-0001) has been submitted for the development of 11 residential units and a commercial development on the overall 0.50 of an acre (3 combined lots). The right-of-way only intersects the applicant's property. Request: The applicant proposes to vacate a portion of undeveloped alley right-of-way totaling 0.04 acres that was originally platted in 1890 as part of the Jennings Addition. A portion of two buildings in the associated development proposal encroach into this right-of-way. DISCUSSION: City of Fayetteville staff supports the applicant's request to vacate the subject right-of-way. Staff recognizes that there a several major barriers to the to the right-of-way's development. First, approximately 450 feet of the platted but unimproved alley's length is within floodplain associated with the Spout Spring Branch. Second, a comparable portion of the alley right-of-way is almost 20-foot narrower than the remainder, impacting the alley's potential functionality. Lastly, while vacating the right-of-way could impact future property access and connectivity, the issues and the overall area's established street grid compensate. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 As an additional consideration, vacating the unimproved alley right-of-way may not support the City Plan 2040 goals of ensuring an interconnected development pattern throughout the city (Goal 3). An alternative does exist as the developer could jog the alley to the north of the subject property to ensure that the interconnection is maintained. However, should a connection between South East Avenue and South College Avenue be required, developing the street to the north of the subject alley — East 5th Street — would be more feasible as it meets the Master Street Plan width requirements and is currently largely developed. This alternative would serve the community at a larger scale as it would allow for more use of this street, ensuring interconnectedness. Given the variety of factors and low -to -no impact on the community, staff supports the applicant's request to vacate the subject right-of-way. At the July 28, 2025, Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval with a vote of 9-0-0. No public comment was provided during the public meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. 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 #: 2025-1355 AN ORDINANCE TO APPROVE VAC-25-15 FOR PROPERTY LOCATED AT EAST MARTIN LUTHER KING, JR. BOULEVARD AND SOUTH COLLEGE AVENUE IN WARD 1 TO VACATE APPROXIMATELY 0.04 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 condition that any damage or relocation of any existing facilities will be at the property owner's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-1355 Item ID 8/19/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 8/1/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2025-0015: Vacation (E. MARTIN LUTHER KING BLVD/S. COLLEGE AVE./3V QOZB LLC, 523): Submitted by COMMUNITY BY DESIGN for property located at E. MARTIN LUTHER KING JR BLVD & S. COLLEGE AVE in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.30 acres. The request is to vacate 0.04 acres of right-of-way. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE WO-1111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: July 28, 2025 SUBJECT: VAC-2025-0015: Vacation (E. MARTIN LUTHER KING BLVD/S. COLLEGE AVE./3V QOZB LLC, 523): Submitted by COMMUNITY BY DESIGN for property located at E. MARTIN LUTHER KING JR BLVD & S. COLLEGE AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 0.30 acres. The request is to vacate 0.04 acres of right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2025-0015 to City Council with a recommendation of approval with conditions. RECOMMENDED MOTION: `7 move to forward VAC-2025-0015 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is located in central Fayetteville with the overall project lying on East Martin Luther King Boulevard; the vacation in question is on South College Avenue. The property lies in the Walker Park Neighborhood Master Plan area, and received its current zoning designation of DG, Downtown General, in 2023 (Ordinance No. 6650). The property subject to the vacation contains a third of an acre and is undeveloped; a site improvement plan (SIP-2025-0001) has been submitted for the development of 11 residential units and a commercial development on the overall 0.50 of an acre (3 combined lots). No surrounding properties are subject to this right-of- way vacation, but the right-of-way does intersect the applicant's property. Surrounding land uses and zoning are further depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential NC, Neighborhood Conservation South Religious Institution — Rooted Church DG, Downtown General East Single -Family Residential INC, Neighborhood Conservation, DG, Downtown General West Single -Family Residential NC, Neighborhood Conservation Proposal: The applicant proposes to vacate a portion of undeveloped alley right-of-way totaling 0.04 acres that was originally platted in 1890 as part of the Jennings Addition. A portion of two buildings in the associated development proposal encroach into this right-of-way. Planning Commission July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 1 of 9 DISCUSSION: Staff supports the applicant's request to vacate the subject right-of-way. Staff recognizes that there a several major barriers to the to the right-of-way's development. First, approximately 450 feet of the platted but unimproved alley's length is withing floodplain associated with the Spout Spring Branch. Second, a comparable portion of the alley right-of-way is almost 20-foot narrower than the remainder, impacting the alley's potential functionality. Lastly, while vacating the right- of-way could impact future property access and secondary connectivity, the issues and the overall area's established street grid compensate. As an additional consideration, vacating the unimproved alley right-of-way may not support the City Plan 2040 goals of ensuring interconnected development pattern throughout the city (Goal 3). An alternative does exist as the developer could jog the alley to the north of the subject property to ensure that the interconnection is maintained. However, should a connection between South East Avenue and South College Avenue be required, developing the street to the north of the subject alley — East 5th Street — would be more feasible as it meets the Master Street Plan width requirements and is currently largely developed. This alternative would serve the community at a larger scale as it would allow for more use of this street, ensuring interconnectedness. Given the variety of factors and low -to -no impact on the community, staff supports the applicant's request to vacate the subject right-of-way. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. The applicant also submitted the required adjacent property approval form with no objections. Utility Response Cox Communications No objections, provided any damage or relocation will be at the builder'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 and no comments. Public Comment. To date, staff has not received any public comment on this item. RECOMMENDATION: Staff recommends approval of VAC-2025-0015. Should the Planning Commission choose to forward it to the City Council, staff recommends the following conditions: Conditions of Approval: Planning Commission July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 2 of 9 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense. PLANNING COMMISSION ACTION Date: July 28, 2025 O Tabled Motion: Second: Vote: 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 Required YES O Forwarded O Denied Planning Commission July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 3 of 9 co m m u n i ty. by.d__esig n 71, n • .a_� iigI! TOWN PLANNING.URBAN ENGINEERING June 18, 2025 Via EnerGov Ms. Jessica Masters Zoning and Development Administrator City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Alley Right -Of -Way Vacate Request Ms. Masters, The owner of property on Washington County Parcel 765-07042-000 is requesting to vacate the existing alley right-of- way which runs east / west through the property. This portion of alley does not appear on City of Fayetteville GIS Maps however the attached survey shows that the alley right-of-way still exists. The alley right-of-way has never been used for its intended purpose. Spout Spring Branch runs diagonally through the block making future build out of the alleyway unlikely. The property owner has acquired the 3 parcels on the northwest corner of the College Ave. / Martin Luther King Jr. Blvd. intersection (Washington County Parcels 765-07042-000, 765-07050-000, and 765-07051-000) and has prepared development plans that include a driveway that traverses the 3 parcels. Some of the proposed buildings are located in the existing alley right-of-way and therefore the request is being made to vacate said right-of-way. The application includes the following supporting documents attached to this letter: • One (1) copy of a written submittal letter describing the request • One (1) copy of a consent of owner form • One (1) copy of metes and bounds legal description of the area to be vacated • One (1) copy of a survey • One (1) copy of the parcel map • One (1) copy of the draft petition to vacate • One (1) copy of the utility approvals Thank you for your consideration of this request. Please let me know if you have any questions or if you need additional information. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayetteville, AR 72701 Planning COMrrYss7A0.6775 July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 4 of 9 PETITION TO VACATE 14' ALLEY RIGHT-OF-WAY LOCATED IN LOTS 8, 9, 10, BLOCK 6 OF SAID JENNING'S 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 14' Alley Right -Of -Way herinafter sought to be abandoned and vacated, lying in Lots 8, 9, 10, Block 6 of said Jenning's Addition, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate 14' Alley Right -Of -Way which is described as follows: A 14 FOOT WIDE PLATTED ALLEY AS SHOWN ON THE FINAL PLAT OF JENNING'S ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, SAID ALLEY RUNNING PARALLEL AND ADJACENT TO THE SOUTH LINE OF LOTS 8,9 AND 10, BLOCK 5, AND RUNNING PARALLEL AND ADJACENT TO THE NORTH LINE OF LOTS 8, 9, 10, BLOCK 6 OF SAID JENNING'S ADDITION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N02050'34"E 75.00' AND N02047'27"E 68.00' FROM AN EXISTING MAG NAIL MARKING THE SOUTHEAST CORNER OF LOT 10 OF SAID BLOCK 6 OF JENNING'S ADDITION AND RUNNING THENCE N86035'50"W 134.96', THENCE NO2°49'00"E 14.00', THENCE S86°35'50"E 134.95', THENCE S02°47'27"W 14.00' TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. That the abutting real estate affected by said abandonment of the alley are Lots 8, 9, 10, Block 6 of said Jennings Addition, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare will not be adversely affected by the abandonment of the portion of the above described 14' Alley Right -Of -Way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this _ day of , 20 Signature Printed Name Signature Planning Commission July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 5 of 9 BOUNDARY, TOPOGRAPHIC & TREE LOCATION SURVEY TRUE ST I I" SPECIESRRY 16°PY 3 y+ HACKBERRY 30' SW CORNER'- - - S 8]°03'2A" E E. 4. a CKBBRRv 20' 84" - _ _ - LOT 3, BLOCK 12 38l°I9'04"E -- 522.64'(N.T.S.) SE CORNER - - - - _ eusORvev zOuzsOs4 10T.03'(N.T.S.) aFl BLOCK 12 --------------- SE CORNER c BLOCK 4 5. xnCKBERRv 40' b. 12" HACKBERRY 30' e�sOa IOR pl7-zoP vsv 11 �I EXISTING y e. MEKBERRY _ _ _ CONCRETE ° - BUILDING E3 --, ' NW CORNER sa]°m•o4^e DRIVEIC LOT I, BLOCK 13 214.55' BACKBE- (N.T.S.) e'� _ zg i Less e.Lsae _ y I Z P PARCEL #]65-0]041-000 I2. 8o LMKBERRv 3U I I MOT A PART OF THIS SURVEY) SW CORNER HE CORNER D. 6" CATALPA 20' Si 21, O I LOT 1, BLOCK 13 1 U6ssauas T BLOCK6 A I6. U" OAK 30 ..T NECORNER LOT 4, BIACR 14 EXISTING a '^mI ex5 vzRl Sze HOUSE 3�ED 6'"WATER -APPROX_IAC_ LINE- 11. HACKBERRY 31' e. 10" CKBERRY m I ERHY 20. 12^ HACKBERRY _� CAP Z a I i #1118 .\t o $ 21 12 30' HACKBERRY SW CORNER �-- - - _ _ SE GARNER - LUTV1 BLOCK 14 S B]°05'09" H I FG_ VEvxoGx . 214.D1' LOTS44,,BLOCK I4 Iz59 " (N.T.S.) 0.05 ACRES eER \ I = / $ m 25 822, � Cxersxv 20 24 . 34" POST OAK IS- zRIRa1eI �licvie /14 NORTH SIDE OF /CONCRETE I • °. )dlaz \ 25. 12^ cR LocusT / // ALLEY / DRIVE n I ° I it 26 10 CKLOCUST -x-X-%-X Q1 / S.o' 32 . / //s i/ 0®T'A1T6 / rv$ 2]. 10 BLACK LOCUST .. E. S 86°44'30" E 134.94' 31 / N 25°03'22" W 1.91' FOUND BOLT J9 2 / I -$ 28 30° OAK 5 K 5 S.B. N 18°51'12" W 1.62' P • _ S s9 /oR 30 29 Ir Iy 0 T i 2.2 i ^ L Rwcic 8. -j- /�` 9 L. 1, 12 IC 40 KIE 31 I BUB,DMG 2 IA BOOPLCOCKI R 25 -. 3 / 0 �25' /�B-0]042-000 91. 12" HACKBERRI M 32. 10'• DOUBLE xACKeERRv 4 - _ _ _ _ _ - yT e� B.T.Z� N 86°35'50" W 134.95' - o WEST OF LINE b (NORTH OF ALLEY) g $ _ CAST SITE sT , -�PLATTEp _ t4. PLATTED I4'ACLEY (PLAT0.05) _ _ 19'ALLEY 1PLATNOTE#3 I $ FEBRUaxv 9,e o22 O.a AUteS tl-N'ITGENA YV I I Ix]i N' e IT $ SA8150FBEARMG: GPS OBSERVATIONAR NORTH ZONE w ^ OF A(/y 5'H.S.H.• I I 886°3550"E134.96' 5.0' I' -/-�1_ /_ $ NAD 83 Ro11)x°1UZONTALDATUM _ _ - w u PARCBASISOFELEVATION EL `UDIN' - Y- - xlxi6'Ia j \ I CITY OF Fa GPS ON. 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QS / O / i^ I S ® $ a: 4)PLATOFSURVEYFILFAINBO°K2020ATPAGE'1593 55)OPLAT OF JENNMas ADDITION FMEOINBooK4 AT ewe IOETHEBY DBE of MY KNOONBIESCEE AND DECORRECT 9� I m / / I m / / �25 I P Im UEF/ 00I P/ / 1 O I� I ¢I>F .{.1 Ux I II A)WAP ANTI°DBE' FILED M BOOK M22 AT PAGE 7553 128332'I U DM.9Y y I ON THIS THE 8R1 DAY OF FEBRUMY. 2023.CONCRE , ,Zv .y .p TE I �:; I', 1 $/ �,'�a �' )WARRANTY DEED FILEDMBOOK 2015 AT PAGE T502 e) WARRANTY DEED FILED IN BOOK2o22ATPAGE 341924 9)WARRANTY DEED FILED MBOOK I}S AT PAGE I4 N..` rsISTER ;PZZA o,0, / N86°38'S1"W 1J4.99' �s M• I I PO0 / / A'i� `•`N 4' •• • • Aj #]65-0]042-000 I / 3' SOUTH OF ALLEY)N :•STATE OF'; a 1Ilzn.m- s'Bs.B.g ID9.ev( axxnl4sas T -'IxI 1a 1-_ 1024 / �- 6p $ g PROPERTY ZONED: P aTa51.000 DARICELS p]6 TO 050.0W B T6 g i�°(I /. __,�_ _ 35.00' / 19 X 2 X-X-IX - 23 f _ "1 g $ 'AxCEIcxeORxooDcoNSERvaT1oN)- H020 W #'165 RIN fx7 'B.S.B %�. 99.99" I- 22X Q- L-s3 qq,, I 16 I / / $ $ I .wALKeR PaRKMASTBR PLAN AREA (AU PARCELS) ay TBAaS (PER ,' NNN I •LA�xSN X m 00 / 'PARCEL 'I � $ $SIDE DTOZDowNnGr TJJJt 11 sAJ N X PARCEL I' fF•/65-0]050-000 I I ". / \ NONE #]65-0]0514100 N THISNOT AN - 1'I 0.06 ACRES+/- �m 0.1]ACRES+/- I� rvI I / ® ". IF HE SSIGµD I $ $ REAR I IR NECIA ILL OF AN ALLEY) NEE CIS HTHEN IT AVE EENHO�U BD AT�IJENABOYE OEUlls RATRDFlGTIONMAY 1RDTx ZONED:DG yI ' / ZONED: DG ` 1 J1 S, Z 25'B.TZ. alxn9s' I OIx-1 � � � $ FROM 25fl BUILD IPER NC ZONMGI: BU TO ZONE NOT = _3B >�I2l— SENAAR ANOORIGPNLYYETO A A OOSIGIUNT II I g. x / /25'H.T.Z. /o n$ �$ $ 1 $IDEDING OSR ONE REAR eft (PROM ILL OF AN ALLEn �D• / \ I Cleo}/ \ 9 9 / /� / / I o ff $ FLUEN OODNOPURZONETIO1O'A ORO"AEO"AS DE1�E _DBY Ts I/ \ I M.S.P. R/W - _ I L p 12O /3/� I / O i O / I $ NATIONAL F DDD MBDR NGE PROGRAM FLOOD IFIRM PgNBL p05145CO220F. DATED OS/ 1111SEE )T� INSURANCE RATE MAP FOR WASHINGTON COUNTY, - - ^ - // SW CORNER I I / JI-/' - rv� _ / - - �•® _ J i POB xO1s ' LOT 1, BLOCK693 4 #]65-0]0504g0 \ •RI2Ts.01' I I ASIxeL4T I- I5.00' e I uRVEv xmR-TT T 1 a15 \ \ /\ $ $ �- ----- 35.00' I al4 I V o CAP S86°45'01"E \ \ I= / \ 15'x 15' WATER &SEWER 335.60' qq #1005 HIRE' N $ g U.E. PER 2006-21325 L T.s' TSIDEWALK N86°35'51"W-13S00' \ CURD $ / / LOT IOB OCK6I pTM-W051-DOD 8"SEWER LINE-APPROX.LOC. g6MvuTsOeRR�RYBvsI Re -t ss -5fs 5 / E. MARTDTLU'THERKING.IR. BLVD.-�--rt-5 _ _ ��• 22'ASPHALT- (NEIGHBORHOOD LINK) -RP-OP v M v\op a ��_, \ v \F� � 6T MAX. M.S.P. R/W URB 'a--- OP - ---RE-RE I'1<OX. WC\ I 3 / ^ $ $ % / RE OFar- _Rp 12u-RP 0P ue.. - - ,v_V_ ��u-1 / \\ %-RE OP-f- tlP-OP_Rp_Rp-RP-SURVEY DESCEWTIONS.RP-RP-RF-RP-RP5P4 OP-OF-RP-Ry>•L 0e- f �w I-BP-uP_RP=RF-oYP-�e crL -5P-5P-5P - RE - I°'RP-RF yJ�`-RR $S-RP-BF oe-RP- PARCEL #765 07010 RE 0° aP-aJJ ARP-RPJRP sws, As r, $ $ g - - VICINITY MAPACYL�ER LOT AN IN m I `3P I I CURD sl $I$ JEFFNINGS ADDITION PLAT THENCE ALONG SAID SOUTH ALLEY TIES S35'5G'E 134 96' THENCE LE- SAID SOUTH I 'u3`2`Cue�l`r� T gg raa°"«iirm nm...�. ArI VICINITY MAP NOT TO SCALE F7E USE AND BENEFIT OF ZARA NIEDERMAN $ (FROPI OLo4I2 OF seAI�IEroNNIINHEG aUTDID io THE CIITY OF PAYYETTEVILLER,, WASHINGTON owUNNTY, AWU S, FINE MORE eANNRTCUMLARLv I - . $ TNOTES, DDESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A PORTON THE NORTH LINE OF A PLATTED UVALLEV AS PER SAID JENNINGS ADDITION - THE TREE SPECIES LISTED ON THIS FLAT WERE DETERMINED TO THE wIDPOINTOFBEGNNMGBEMCNo2°50'34"ET500•ANDN02°4T2T^E$2.WROMANEXISTMGMAC NARMARKINGTHE SOUTHEAST �/ISTOFOURKNOWLEDGEANDwBILrtY. SOMETREesONTHISPLwT MAY CORNER OP LOT 101NLOCK6INSAIDIENNINGSADDITIONANDRUNNINGTHENCEALONG$AIDNORTH ALLEYLMEN66°35'S0'W154.95'. � I T BETHe E%ACTSPECIESLISTeo_FLewBe CONSULTALICFNSLo C eAVNG SA DNRRTH ALLEY LMEN02°4900"el'TAB THENCPS86°4430"E 15494 THENCE S02°422]"W 1'l 82 TO THB POINT OP S C S CS G G CONTANING 001 ACRE$ MORE OR LESS.THE ABOVE DESCRIBED TRACT CONTAINING IN AGGEeGATE426 ACRES. MOREOR Z I 2Tx OC 0 O :SB ( - O OBSFxVeD LESS .S JHCT TO THAT FORT Ory IN SOUTH COLLEGE AVENUE MASTER STREET PLAN RIGHTAF wav ON TIIF EAST SIDE OF HEREIN UTILITY DESCRIBED TRACT All ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS OF -WAY OF RECORD I RING ON THIS PLAT, AS WELL AS THOSE-XIBIAYEXIST LINES N8]°0926"W UNDERGROUND NEED TO BEVERIFIEDPRIOR TO DOING ANY TYPE OF ARCEL q]65-0]050-000: I G EXCAVATIONORDESIDE, SO ME UTILITY LINES MAY ALSO ENIST THAT RTOFLOT80FBLOCK6INJENNINGSADDITIONTOTHECITYOFFAYER LLEWASHINGTONC°UNTY,ARKANSAB.ASSHOWN°N 20.00'(N.T.S.) d RE NOT SHOWN ON THIS PLAT. THE ARECORDED PLAT THEREOF FILED MBOOK 4 AT PAGES AND 2050E THE RECORDS OF THE CIRCUIT CLERK OF WASHMGTONCOUNTY, -- HAINOF DTLEFORPARCE-7-ON42-REl ITAPPEARSCHAT ARK RAN EMGMOREPARTICULARLV DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS N86°35'S1"w SE CORNER THELAND RETEETENNCH N0250'S7E'E]4.eFi0 ANExISnrv. REBAR THENCE sa6°e'sl"E 350aT311 W SECTION I6 M AN EXISTING -AD NAIL MARKMUED BY o AN ExISTMG cxISELED •'x• M cONc T-16-N, R-30.W BATES AND ASSOCIATES TRACES THE EARLIEST KNFUNVN WARRANTY REBARTHENCESPORTION US EAST MARTIN 02°50'55"W T4KING9P TO THE POINBOULEVARDT OF BEGmmmG, CONTAINING 0.06 ACRES, MORE OR LESS. sUBRECF T° THAT CALC. PER OF IN THE THAN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD MASTER SCUSET PLAN FUGHTORWKY ON THE SOUTH SIDE OF HEREIN CHAIN OF TITLE FOR OT #]65-0]042-000 S A PAREOF DOES 9 AND IG, BLOCK 6 OF JEFFEENGS ADDITION TO THE CffOFDFA�,-EARTE, WASH GCONCOUNFECARRANSARAS BEEN FiCED F0 PAGE AN OFT WA HENGETO COUNTY AT E TH FORE IT UNNMGTHENC1N86°35'S1"W1o000'TO AN EXISTMGREBAR, ToATTHE 4'ALLEYSTILL NAIL-EAITCOPRO EXISTS AS A PUBMC RIGHT -OP WAA TFS HENCE NE2°5o'SS1 E1491' THAN EXISTING HEBAR THENC9sB638561Ae9999 TO AN F I TIE REBAR THENCE sot°50'34"W T5.00''ro iliE COMPLETE AND THOROUGH TITLE SEARCH MAv REVEAL DOCUMENTSM POINT OF BEGINNING, CONTAMING 0.1] ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN EAST MARTIN LUTHER KING DL THE CHAIN OF TITLE THAT ARE NOT KNOWN TO BATES AND ASSOCIATES. BOULSEYREEMTER SITHEET RIGHT-PLAN RIGHTAF-WAY ON THE SOUTH SIDE, SUBJECT TO THAT PORTION INSOUTIICOLLEGEAVENUE THE CITY OF FAVETTEVILLE MAY REQUIRE AN ALLEY VACATION IF THERE ,I,RSTREET OF -WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER RASEMENTS AND IS TO BE ANY DEVELOPMENT WITHIN THE PLATTED Im ALLEY. RIGHTS -OF -WAY OF RECORD. LEGEND: ® SIGNAL VAULT RECORDING NUMBER/DATE 1e Bates& Is --__OREHN TUNE Associates,inc. EEB�Bo""�" "BSOGHL �os `�°V`Y _--_ Elginaels Suneyas QE0=ere RRBAR �'rEI.EAN"E AL _ _ - AD � //� D ' Fo D FEET " ®E^ s s ' OS0 cONc fro RMx �DASM wsaune \ / T„e. WATER GABLE V a,v,L�:. ®MBNAILELEY.BENCBMARI: ®GAS METER X-X �„ rEA6EMM,T „.w ,; •;w.. 'M n.�.,°�SDTELEYA DNEIRE BGILDINGSFTBAGK July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 6 of 9 VICINITY MAP NOT TO SCALE F7E USE AND BENEFIT OF ZARA NIEDERMAN $ (FROPI OLo4I2 OF seAI�IEroNNIINHEG aUTDID io THE CIITY OF PAYYETTEVILLER,, WASHINGTON owUNNTY, AWU S, FINE MORE eANNRTCUMLARLv I - . $ TNOTES, DDESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A PORTON THE NORTH LINE OF A PLATTED UVALLEV AS PER SAID JENNINGS ADDITION - THE TREE SPECIES LISTED ON THIS FLAT WERE DETERMINED TO THE wIDPOINTOFBEGNNMGBEMCNo2°50'34"ET500•ANDN02°4T2T^E$2.WROMANEXISTMGMAC NARMARKINGTHE SOUTHEAST �/ISTOFOURKNOWLEDGEANDwBILrtY. SOMETREesONTHISPLwT MAY CORNER OP LOT 101NLOCK6INSAIDIENNINGSADDITIONANDRUNNINGTHENCEALONG$AIDNORTH ALLEYLMEN66°35'S0'W154.95'. � I T BETHe E%ACTSPECIESLISTeo_FLewBe CONSULTALICFNSLo C eAVNG SA DNRRTH ALLEY LMEN02°4900"el'TAB THENCPS86°4430"E 15494 THENCE S02°422]"W 1'l 82 TO THB POINT OP S C S CS G G CONTANING 001 ACRE$ MORE OR LESS.THE ABOVE DESCRIBED TRACT CONTAINING IN AGGEeGATE426 ACRES. MOREOR Z I 2Tx OC 0 O :SB ( - O OBSFxVeD LESS .S JHCT TO THAT FORT Ory IN SOUTH COLLEGE AVENUE MASTER STREET PLAN RIGHTAF wav ON TIIF EAST SIDE OF HEREIN UTILITY DESCRIBED TRACT All ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS OF -WAY OF RECORD I RING ON THIS PLAT, AS WELL AS THOSE-XIBIAYEXIST LINES N8]°0926"W UNDERGROUND NEED TO BEVERIFIEDPRIOR TO DOING ANY TYPE OF ARCEL q]65-0]050-000: I G EXCAVATIONORDESIDE, SO ME UTILITY LINES MAY ALSO ENIST THAT RTOFLOT80FBLOCK6INJENNINGSADDITIONTOTHECITYOFFAYER LLEWASHINGTONC°UNTY,ARKANSAB.ASSHOWN°N 20.00'(N.T.S.) d RE NOT SHOWN ON THIS PLAT. THE ARECORDED PLAT THEREOF FILED MBOOK 4 AT PAGES AND 2050E THE RECORDS OF THE CIRCUIT CLERK OF WASHMGTONCOUNTY, -- HAINOF DTLEFORPARCE-7-ON42-REl ITAPPEARSCHAT ARK RAN EMGMOREPARTICULARLV DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS N86°35'S1"w SE CORNER THELAND RETEETENNCH N0250'S7E'E]4.eFi0 ANExISnrv. REBAR THENCE sa6°e'sl"E 350aT311 W SECTION I6 M AN EXISTING -AD NAIL MARKMUED BY o AN ExISTMG cxISELED •'x• M cONc T-16-N, R-30.W BATES AND ASSOCIATES TRACES THE EARLIEST KNFUNVN WARRANTY REBARTHENCESPORTION US EAST MARTIN 02°50'55"W T4KING9P TO THE POINBOULEVARDT OF BEGmmmG, CONTAINING 0.06 ACRES, MORE OR LESS. sUBRECF T° THAT CALC. PER OF IN THE THAN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD MASTER SCUSET PLAN FUGHTORWKY ON THE SOUTH SIDE OF HEREIN CHAIN OF TITLE FOR OT #]65-0]042-000 S A PAREOF DOES 9 AND IG, BLOCK 6 OF JEFFEENGS ADDITION TO THE CffOFDFA�,-EARTE, WASH GCONCOUNFECARRANSARAS BEEN FiCED F0 PAGE AN OFT WA HENGETO COUNTY AT E TH FORE IT UNNMGTHENC1N86°35'S1"W1o000'TO AN EXISTMGREBAR, ToATTHE 4'ALLEYSTILL NAIL-EAITCOPRO EXISTS AS A PUBMC RIGHT -OP WAA TFS HENCE NE2°5o'SS1 E1491' THAN EXISTING HEBAR THENC9sB638561Ae9999 TO AN F I TIE REBAR THENCE sot°50'34"W T5.00''ro iliE COMPLETE AND THOROUGH TITLE SEARCH MAv REVEAL DOCUMENTSM POINT OF BEGINNING, CONTAMING 0.1] ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN EAST MARTIN LUTHER KING DL THE CHAIN OF TITLE THAT ARE NOT KNOWN TO BATES AND ASSOCIATES. BOULSEYREEMTER SITHEET RIGHT-PLAN RIGHTAF-WAY ON THE SOUTH SIDE, SUBJECT TO THAT PORTION INSOUTIICOLLEGEAVENUE THE CITY OF FAVETTEVILLE MAY REQUIRE AN ALLEY VACATION IF THERE ,I,RSTREET OF -WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER RASEMENTS AND IS TO BE ANY DEVELOPMENT WITHIN THE PLATTED Im ALLEY. RIGHTS -OF -WAY OF RECORD. LEGEND: ® SIGNAL VAULT RECORDING NUMBER/DATE 1e Bates& Is --__OREHN TUNE Associates,inc. EEB�Bo""�" "BSOGHL �os `�°V`Y _--_ Elginaels Suneyas QE0=ere RRBAR �'rEI.EAN"E AL _ _ - AD � //� D ' Fo D FEET " ®E^ s s ' OS0 cONc fro RMx �DASM wsaune \ / T„e. WATER GABLE V a,v,L�:. ®MBNAILELEY.BENCBMARI: ®GAS METER X-X �„ rEA6EMM,T „.w ,; •;w.. 'M n.�.,°�SDTELEYA DNEIRE BGILDINGSFTBAGK July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 6 of 9 VAC-2025-0015 E. MARTIN LUTHER KING JR One Mile View BLVD & S. COLLEGE AVE NORTH 0 0.13 0.25 0.5 Miles MSC W Jl ■ -24 1 DC ROCK RSF-4 Subject Property R-A ,SON, H RSF-8 � W i i a � MARTIN LUTHER KING�JR BLVD ' NC ,,, r 1 � � I 1 • � 1 C9 " Z DG � 10 1 � 1 1 P-1 r 1 Regional Link - - - Neighthorhood Link Institutional Master Plan Regional Link - High Activity Urban Center r- Unclassified Alley — Residential Link ❑ m Shared Use Paved Trail — Trail (Proposed) i r _ I Design Overlay District Y I Fayetteville City Limits Planning Area l Planning Area Fayetteville City Limits Planning luommission July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 7 of 9 VAC-2025-0015 E. MARTIN LUTHER KING JR Close Up View BLVD & S. COLLEGE AVE MAI SON . .. ho !11 7TH•ST W Q ,W V W J J O 0 I zi 9N Y V P-1 O Z> = Q U) 91 Eg N 0 RT H Neighborhood Link Urban Center Unclassified Residential Link Planning Area — — Fayetteville City Limits _ Design Overlay District Feet 0 75 150 300 450 600 1:2,400 July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Pace 8 of 9 July 28, 2025 VAC-2025-0015 (CINQUEFOIL) Paqe 9 of 9 Form 0 56 N\/\IAm --- r 1 0 as ia Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERICS OFFI 113 W MOUNTAIN FAYETTEVILLE. AR 72701 Ad number #: 533392 PO #: Matter ol'. ORD 6901 AFFIDAVIT • STATE OFARKANSAS ECEIVE s�18 20 CrY OF =AYET-Ev,uF CITr CL=_R{'S CFFn do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printedand published in WASHINGTONIBENTON 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 6901 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 tide circulation in said County. that said newspaper had been regularly printed and published in said county, and had a bona tide 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 dail% 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 S 110.96. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 68/24125; .YW.A nwaonfine.com 08/24/2 Legal Clelf State of,1RKANSAS. County of ._y t Aw _ Subscribed and swum to before me on this'_5th da% of August. 2017-5 NOTARY PUBLIC 11* G publicState of ArkansasNeshinpton countyCatherine Sta996ton Expires �Ri20sbomm11< ^µumber 12*02172misslo Ordinance: 6901 File Number: 2025-1355 AN ORDINANCE TO APPROVE VAC-25-15 FOR PROPERTY LO- CATED AT EAST MARTIN LUTHER KING, JR. BOULEVARD AND SOUTH COLLEGE AVENUE IN WARD 1 TO VACATE APPROX- IMATELY 0.04 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; and 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 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 condition that any damage or relocation of any existing facilities will be at the property owner's expense. PASSED and APPROVED on August 19, 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: $110.96 August 24, 2025 533392