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HomeMy WebLinkAboutOrdinance 6930113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6930 File Number: 2025-2149 111111111111111111111111111111111111111111111111111111111 TYPE: LAND RECORDS FEE: $30.00 1 OF 4 REC: 1 P18 2025 02:57PM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER, CIRCUIT CLERK FILE NO: 2025-32244 AN ORDINANCE TO APPROVE VAC-25-22 FOR PROPERTY LOCATED AT WEST ELM STREET AND NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.15 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 easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense. 2. Right-of-way vacation is conditioned upon the approval of an associated large-scale development for a multi- family development that occupies parcel 765-05140-000. 3. Right-of-way in the required width for a residential link street as shown in the applicant's attached exhibits shall be dedicated in association with that large-scale development, prior to the obtaining of any building permits. This right-of-way dedication shall enable the completion of a connection of W. Elm Street from N. Garland Avenue to N. Leverett Avenue, and may include public access easement in -lieu of right-of-way where atypical street design or materials are used. 4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way must be relocated at the owner/developer's expense as required by those entities, and easements shall be dedicated as necessary. Page 1 Ordinance: 6930 File Number: 2025-2149 PASSED and APPROVED on November 4, 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: $ Page 2 VAC-2025-0022 W. ELM ST & N. LEVERETT EXHIBIT A Close Up View AVE R-A GARRET DR - �MeadowValleyTrail L-�W ERNIE-JACKS -BLVD -11II BOB mollRui" J................ EL•M.ST- r_�- Lb Neighborhood Link Unclassified Residential Link Planned Neighborhood Link ■ ■ Planned Residential Link ~ Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail PEACHTREE• DR ' MELMAR-DR 111 ;L —VAN GOGH-PL— l l -� IF i� C-1 Feet 0 75 150 300 450 600 1:2,400 POPLAR•ST— A& - �csNORTH EXHIBIT B PARCEL 765-05140-000 RAZORBACK HOUSING LLC PART OF A 20' RIGHT-OF-WAY VACATION A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 04, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NW/4 SW/4; THENCE ALONG THE NORTH LINE OF SAID NW/4 SW/4, NORTH 87°08-38" WEST DISTANCE OF 20.00 FEET TO THE WEST RIGHT-OF-WAY OF LEVERETT DRIVE AS DESCRIBED IN A PLAT FILED FOR RECORD IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE AT PLAT BOOK 5 PAGE 80; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 02125'35" WEST A DISTANCE OF 649.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87012'48" WESTA DISTANCE OF 319.96 FEET; THENCE 24.69 FEET ON A CURVE TO THE RIGHT WITH A RADIUS OF 67.00 FEETAND A LONG CHORD BEARING OF SOUTH 38014'10" WEST 24.55 FEET; THENCE SOUTH 87012'48" EAST A DISTANCE OF 334.33 FEET TO SAID WEST RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY NORTH 02025'35" EAST DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 6,524 SQUARE FEET OR 0.15 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. WASHINGTON COUNTY, AR I CERTIFY THIS INSTRUMENT WAS FILED ON 11 18 2025 02:57PM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-322" KYLE SYLVESTER, CIRCUIT CLERK CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 4, 2025 CITY COUNCIL MEMO 2025-2149 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: VAC-2025-0022: Vacation (W. ELM ST & N. LEVERETT AVE/RAZORBACK HOUSING LLC, 366): Submitted by CRAFTON TULL for property located at W. ELM ST & N. LEVERETT AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 14.40 acres. The request is to vacate 0.15 acres of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2025-0022 as shown in the attached Exhibits 'A' and 'B', and with the following conditions of approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Right-of-way vacation is conditioned upon the approval of an associated large-scale development for a multi -family development that occupies parcel 765-05140-000; 3. Right-of-way in the required width for a residential link street as shown in the applicant's attached exhibits shall be dedicated in association with that large-scale development, prior to the obtaining of any building permits. This right-of-way dedication shall enable the completion of a connection of W. Elm Street from N. Garland Avenue to N. Leverett Avenue, and may include public access easement in -lieu of right-of-way where atypical street design or materials are used; 4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way must be relocated as required by those entities, and easements dedicated as necessary. BACKGROUND: The subject property is in north Fayetteville, immediately south of the University of Arkansas Agricultural Research and Extension Center. The property is largely undeveloped, though previously had a single-family home and agricultural outbuildings which have since been demolished. In total, the property contains about 14.40 acres and is currently zoned RMF-24, Residential Multi -Family, 24 Units per Acre. In July 2025, a conditional use permit for a student housing development was approved by the Fayetteville Planning Commission (CUP-2025-0032). A simultaneous submission was made to remove a portion of the master street plan in the northwest corner of this property, a request that will need final approval by the City Council (ADM- 2025-0040). No overlay districts currently encumber the site. Request: The applicant proposes to vacate a portion of undeveloped street right-of-way totaling 0.15 acres. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Staff is supportive of the applicant's request to vacate the subject right-of-way. In exchange for the right-of-way vacation, the applicant is proposing to rededicate right-of-way for a residential link street to make the connection of N. Elm Street from N. Garland Avenue to N. Leverett Avenue. Staff finds this request to be in alignment with the City Plan 2040 goal of making compact, complete, and connected development the standard. At the October 13, 2025 meeting, Planning Commission forwarded the request with a recommendation of approval with a vote of 7-0-2 (Commissioner Cabe recused, and Commissioner Gulley was absent at the time of the vote). The Commissioners found that the applicant's request still met the goals and intent of the City, and agreed with the conditions as recommended by City staff. No public comment was made. 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 Legislation Text (479) 575-8323 File #: 2025-2149 AN ORDINANCE TO APPROVE VAC-25-22 FOR PROPERTY LOCATED AT WEST ELM STREET AND NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.15 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 easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense. 2. Right-of-way vacation is conditioned upon the approval of an associated large-scale development for a multi -family development that occupies parcel 765-05140-000. 3. Right-of-way in the required width for a residential link street as shown in the applicant's attached exhibits shall be dedicated in association with that large-scale development, prior to the obtaining of any building permits. This right-of-way dedication shall enable the completion of a connection of W. Elm Street from N. Garland Avenue to N. Leverett Avenue, and may include public access easement in -lieu of right-of-way where atypical street design or materials are used. 4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way must be relocated at the owner/developer's expense as required by those entities, and easements shall be dedicated as necessary. Page 1 City of Fayetteville Staff Review Form 2025-2149 Item ID 11/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 10/17/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2025-0022: Vacation (W. ELM ST & N. LEVERETT AVE/RAZORBACK HOUSING LLC, 366): Submitted by CRAFTON TULL for property located at W. ELM ST & N. LEVERETT AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 14.40 acres. The request is to vacate 0.15 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-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Planning Director MEETING DATE: October 13, 2025 Updated with results SUBJECT: VAC-2025-0022: Vacation (W. ELM ST & N. LEVERETT AVE/RAZORBACK HOUSING LLC, 366): Submitted by CRAFTON TULL for property located at W. ELM ST & N. LEVERETT AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 14.40 acres. The request is to vacate 0.15 acres of right-of-way. RECOMMENDATION: Staff recommends approval of VAC-2025-0022, with conditions. RECOMMENDED MOTION: `7 move to forward VAC-2025-0022 to City Council with a recommendation of approval, with all conditions as recommended by staff. " BACKGROUND: The subject property is in north Fayetteville, immediately south of the University of Arkansas Agri Farm. The property is largely undeveloped, though previously had a single-family home and agricultural outbuildings which have since been demolished. In total, the property contains about 14.40 acres and is currently RMF-24, Residential Multi -Family, 24 Units per Acre. In July 2025, a conditional use permit for a student housing development was approved by the Fayetteville Planning Commission (CUP-2025-0032). A simultaneous submission was made to remove a portion of the master street plan in the northwest corner of this property, a request that will need final approval by the City Council (ADM-2025-0040). No overlay districts currently encumber the site. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Agricultural R-A, Residential Agricultural South Multifamily Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Multifamily Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Multifamily Residential RMF-24, Residential Multi -Family, 24 Units per Acre Proposal: The applicant proposes to vacate a portion of undeveloped street right-of-way totaling 0.15 acres. DISCUSSION: Staff is supportive of the applicant's request to vacate the subject right-of-way. In exchange for the right-of-way vacation, the applicant is proposing to rededicate right-of-way in the full width of a residential link street to make a full connection of N. Elm Street from N. Garland Avenue to N. Leverett Avenue. This request is in direct alignment with the City Plan 2040 goal of making compact, complete, and connected development the standard. Planning Commission October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Paqe 1 of 12 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 that any damage or relocation of any Cox facilities will be at the applicant's request. AEP/SWEPCO No objections, provided an easement is dedicated along the right- of-way for existing overhead line, or the owner will have to pay SWEPCO for relocation. Black Hills Energy No objections and no comments. AT&T No objections, provided that the developers agree to relocate at their expense the existing AT&T cable out of the existing right-of- way into a new easement or right-of-way path. 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. Public Comment: To date, staff has not received any public comment on this item. RECOMMENDATION: Staff recommends approval of VAC-2025-0022. Should the Planning Commission choose to forward it to the City Council, staff recommends the following conditions: Conditions of Approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Right-of-way vacation is conditioned upon the approval of an associated large-scale development for a multi -family development that occupies parcel 765-05140-000; 3. Right-of-way in the required width for a residential link street as shown in the applicant's attached exhibits shall be dedicated in association with that large-scale development, prior to the obtaining of any building permits. This right-of-way dedication shall enable the completion of a connection of W. Elm Street from N. Garland Avenue to N. Leverett Avenue; 4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way must be relocated as required by those entities, and easements dedicated as necessary. Planning Commission October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Paqe 2 of 12 PLANNING COMMISSION ACTION: Required Date: October 13, 2025 O Tabled IMotion:Werner ISecond: Castin YES [A Forwarded O Denied with all conditions as recommended by staff. jVote: 7-0-2 (Cabe recused, Gulley absent at time of vote BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close -Up Map • Current Land Use Map • Applicant Request Letter • Applicant Petition to Vacate • Survey — Right-of-way to be Vacated Planning Commission October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Paqe 3 of 12 VAC-2025-0022 W. ELM ST & N. LEVERETT AL One Mile View AVE NORTH c-1 0 0.13 0.25 0.5 Miles lk i 1 � 1 1 i 1 1 La, INl 0 Regional Link tt� Neighborhood Link Institutional Master Plan Regional Link- High Activity — Unclassfied — Residential Link N Planned Neighborhood Link Planned Residential Link — — Shared -Use Paved Trail Trail (Proposed) Fayetteville City Limits 1 1 Planning Area Subject Property Planning Area`- Fayetteville City Limits _--- c-2 October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Page 4 of 12 VAC-2025-0022 W. ELM ST & N. LEVERETT Close Up View AVE 1 ERNIENC_KS_BL•VD ELM ST Neighborhood Link Unclassified Residential Link ■ ■ Planned Neighborhood Link M Planned Residential Link ~ Planning Area _ ! Fayetteville City Limits -- Shared -Use Paved Trail 1 ------------------- 1 l Subject Property w w J PEACHTREE• DR MELMAR• D Feet 0 75 150 300 450 600 1.2,400 —VAN GOWPL- POPL-AR7— MNORTH October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Page 5 of 12 VAC-2025-0022 W. ELM ST & N. LEVERETT AVE Current Land Use Multi -Family Residential t University of Arkansas ORTH lr,ia�lot��uuulloVu�ilo �nuvp�} v ° aF t Subject Property _.; Multi -Family Residential iL z E CHn } W ._ a U fY W LU Multi -Family Residential -- - - — fr MELMAR DR rNo r t Regional Link r_ Neighborhood Link r_ Institutional Master Plan Regional Link - High Activity - Unclassified - Residential Link Planned Neighborhood Link E Planned Residential Link Trail (Proposed) 7 Planning Area Fayetteville City Limits Feet 0 112.5 225 450 1:3,600 675 POPLAR ST— FEMA Flood Hazard Data 100-Year Floodplain Floodway E October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Paqe 6 of 12 �� Crafton Tull ® architecture I engineering I surveying August 29, 2025 Planning Department City of Fayetteville 125 W Mountain Street Fayetteville, AR 72701 RE: Elm Street Apartments- Right of way vacation 300 North College, Suite 317 Fayetteville, AR 72701 479.455.2207 craftontull.com The Elm Street Apartment development proposes reconfiguring Elm Street's right of way. In order to do this, we are proposing the eastern portion of the existing right-of-way to be vacated. In exchange, new right-of-way will be dedicated as part of the development to maintain public connectivity between Garland Avenue and Leverett Avenue. This adjustment ensures that the existing street network remains intact while accommodating the new site layout. Within the package you will find the legal description, parcel map, survey of the site, petition to vacate, and the utility department's sign off forms. We appreciate your consideration of our request. Sincerely, III Caroline Gardner, P.E. Project Manager Crafton Tull Planning Commission October 13, 2025 (RAZORBACK HOUSING LLC) Paqe 7 of 12 PETITION TO VACATE A STREET RIGHT-OF-WAY LOCATED WITHIN PARCEL 765-05140-000, 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 street right-of-way hereinafter sought to be abandoned and vacated, lying within parcel 765-05140-000, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of-way which is described as follows: PARCEL 765-05140-000 RAZORBACK HOUSING LLC PART OF A 20' RIGHT-OF-WAY VACATION A PART OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHWEST QUARTER (SW/4) OF SECTION 04, TOWNSHIP 16 NORTH, RANGE 30 WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NW/4 SW/4; THENCE ALONG THE NORTH LINE OF SAID NW/4 SW/4, NORTH 87°08'38" WEST A DISTANCE OF 20.00 FEET TO THE WEST RIGHT-OF-WAY OF LEVERETT DRIVE AS DESCRIBED IN A PLAT FILED FOR RECORD IN THE WASHINGTON COUNTY CIRCUIT CLERK'S OFFICE AT PLAT BOOK 5 PAGE 80; THENCE ALONG SAID RIGHT-OF-WAY SOUTH 02°25'35" WEST A DISTANCE OF 649.53 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87012'48" WEST A DISTANCE OF 319.96 FEET; THENCE 24.69 FEET ON A CURVE TO THE RIGHT WITH A RADIUS OF 67.00 FEET AND A LONG CHORD BEARING OF SOUTH 38014' 10" WEST 24.55 FEET; THENCE SOUTH 87012'48" EAST A DISTANCE OF 334.33 FEET TO SAID WEST RIGHT-OF-WAY; THENCE ALONG SAID RIGHT-OF-WAY NORTH 02025'35" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 6,524 SQUARE FEET OR 0.15 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY EASEMENTS OF RECORD OR FACT. That the abutting real estate affected by said abandonment of the street right-of-way are parcel 765-05140-000, 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. Planning Commission October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Page 8 of 12 The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above - described real estate, and that the above -described real estate be used for their respective benefit and purpose as now approved by law. WHEREFORE, the undersigned petitioners respectfully ask that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, 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 right-of-way of the public for the use of said street right-of-way. Dated this 26 day of September 52025 David Bird Printed Name ��uui �ucci Y Egnyte Sign - 51M1e13:3 Signature Planning Commission October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Page 9 of 12 3 0 zz 3= <o o¢ EXHIBIT B GRAPHIC SCALE IN FEET 100' 0 100' _ _N87'08'38"W 20.00'---,, P.O.C. NE COR, NW 1/4, SW1/4, SEC. 4, T-16-N, R-30-W CURVE TABLE CURVE ¥ LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH Cl 24.69' 67.00' 21'06'52" S38' 14' 10"W 24.55' OWNER: RAZORBACK HOUSING LLC PARCEL: 765-05140-000 DEED: 2024-00678 - - -------- 20' R/W PLAT F 30' R/W PLAT RECORD 3-537 PROPOSED 52' RIGHT-OF-WAY P.O.B. RIGHT-OF-WAY TO N87'12'48'W 319.96'BE VACATED M� THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE, SHAPE, AND LOCATION OF THE EASEMENT TO WHICH IT IS S8712'48"E 334.33' RIGHT-OF-WAY TO BE VACATED 6,524 SQ. FEET t OR 0.15 ACRES f 20' R/W PLAT RECORD 5-80 October 13, 2025 VAC-2025-0022 (RAZORBACK HOUSING LLC) Page 10 of 12 $85Y� 40 w IIIIIIIIIIIIIIII�;v�� o U b� ggax� =ie �:gE35'og aH��F����-ffa: A8�$�a�x A siN �so�siYs���g��&s� 58 N a TM �ffam��$ � PO o N gW'-e 111iij d1 1F0Fi o ; I Ord � �� ��__`B baR� z o 3N as oaa� GxS��o�o�N��-Ms I IIIIII' �xa IIIIII no __ r� Planning Commission VAC-2025-0022 (RAZORBACK HOUSING LLC) Paqe 11 of 12 VAC-2025-0022 (RAZORBACK HOUSING LLC) Paqe 12 of 12 Form v1.55 til6q, TA I I i L Wxql Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 555826 PO #: Matter of. ORD 6930 AFFIDAVIT • STATE OFARKANSAS ECEIVE 5,'D CRY OF FAYETTEV►LI,F CITY CLERICS OFFICE 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 6930 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 $170.24. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11123125; NWA nwaonlinecom 11123125 Legal Clery State ofARKANSAS, County of Sebastian , Subscribed and sworn to before me on this 24th day of November, 2025 1 NO Y PUBLIC '� ®•® Q m'. PUg\-\G �INly C 0 U0���, Ordinance: 6930 File Number: 2025-2149 AN ORDINANCE TO APPROVE VAC-25-22 FOR PROPERTY LO- CATED AT WEST ELM STREET AND NORTH LEVERETT AVENUE IN WARD 2 TO VACATE 0.15 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 FAYEFTEVILLE, ARKANSAS: Section 1: That the City Coun- cil of the City of Fayetteville, Arkansas hereby vacates the portion of right-of-way ease- ment as described in Exhibit B attached to the Planning De- partment's memo. Section 2: A copy of this Ordi- nance duly certified by the City Clerk along with the map at- tached as Exhibit A to the Plan- ning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation ap- proval is subject to the following conditions: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense. 2. Right-of-way vacation is conditioned upon the approval of an associated large-scale de- velopmentfor a multi -family de- velopment that occupies parcel 765-05140-000. 3. Right-of-way in the re- quired width for a residential link street as shown in the ap- plicant's attached exhibits shall be dedicated in association with that large-scale development, prior to the obtaining of any building permits. This right-of- way dedication shall enable the completion of a connection of W. Elm Street from N. Garland Av- enue to N. LeverettAvenue, and may include public access easement in -lieu of right-of-way where atypical street design or materials are used. 4. All SWEPCO, AT&T, Black Hills Energy, and water and sewer facilities located within said right-of-way must be relo- cated at the owner/developer's expense as required by those entities, and easements shall be dedicated as necessary. PASSED and APPROVED on November 4, 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: $170.24 November 23, 2025 555826