Loading...
HomeMy WebLinkAboutOrdinance 6942113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6942 File Number: 2025-2429 AN ORDINANCE TO APPROVE VAC-25-23 FOR PROPERTY LOCATED AT 65 SOUTH DUNCAN AVENUE IN WARD 2 TO VACATE 0.11 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 conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. A 15-foot utility easement shall be dedicated centered on the existing gas line. 3. The existing AT&T service shall be terminated before AT&T can abandon a cable serving the associated units. This includes units 13, 21, and 22 at 65 S. Duncan. 4. The 12-inch water line shall be constructed along the project's frontage per the approval of the associated large-scale development (LSD-2025-0007). 5. Any easements required to serve the associated development shall be dedicated with the easement plat. PASSED and APPROVED on December 2, 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: $ 144.40 0'RK I rRFq���i =v� FAYETTEVILLE-;U— ay;q g�a ViGTON 1/111111A Page 1 VAC-2025-0023 65 S. DUN CAN AVE VAC-2025-0023 Close Up View EXHIBIT A NOR W ``� O Z C�`tiT ``�♦ RMF-40 RMF-24 Q T� ��oowo OGoco Oak Ridge1Trail Subject Property READWEL•L--ST W Q J _J 2 z MSC DG G P-1 PUTMAWST M M W J J a N W J J Q NORTH ■ Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Feet ~Planning Area 0 75 150 300 450 600 Fayetteville City Limits Shared -Use Paved Trail 1 .2 ,400 JORGENSEN +ASSOCIATES Civil Engineering • Surveying VAC-2025-0023 EXHIBIT B SOUTH DUNCAN AVENUE RIGHT OF WAY VACATION #1: 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.jorgensenassoc.com Established 1985 A PORTION OF EXISTING SOUTH DUNCAN AVENUE RIGHT OF WAY, BEING LOCATED PARALLELTO PART OF LOT 3 AND LOTS 4 THROUGH 6, BLOCK 7, I. W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING NO2°5214511E 5.20 FEET TO THE POINT OF BEGINNING, SAID POINT BEING LOCATED ON THE EXISTING WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, SAND RUNNING ALONG SAID RIGHT OF WAY NO2°52'39"E 179.89 FEET; THENCE LEAVING SAID RIGHT OF WAY S86°46'37"E 5.01 FEET; THENCE S02°52'45"W 179.67 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 65.56 FEET, AND WHOSE LONG CHORD BEARS N89°14'47"W 5.00 FEETTO THE POINT OF BEGINNING, CONTAINING IN ALL 0.02 ACRES, OR 899 SQUARE FEET, MORE OR LESS. SOUTH DUNCAN AVENUE RIGHT OF WAY VACATION #2: A PORTION OF EXISTING SOUTH DUNCAN AVENUE RIGHT OF WAY AND A PORTION OF EXISTING WEST TREADWELL STREET RIGHT OF WAY, BEING LOCATED PARALLEL TO THE EASTERN BOUNDARY OF LOTS 1 THROUGH 6, BLOCK 6, AND ALONG THE SOUTH BOUNDARY OF LOT 6, BLOCK 7, I. W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING THENCE N87°0711511W 21.10 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 65.61 FEET, AND WHOSE LONG CHORD BEARS S35°29'42"W 73.34 FEET; THENCE S02°47'38"W 149.47 FEET; THENCE S02°40'19"W 173.01 FEET; THENCE N87°31'57"W 3.83 FEET TO THE EXISTING WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 6 COURSES: NO2°28'08"E 14.28 FEET; NO2°28'05"E 165.00 FEET; NO2°28'13"E 60.00 FEET; NO2°28'22"E 40.00 FEET; NO2°27'44"E 55.00 FEET; AND NO2°52'45"E 50.00 FEET TO THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET, AND RUNNING ALONG SAID RIGHT OF WAY S87°07'15"E 44.90 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.06 ACRES, OR 2,436 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. SOUTH DUNCAN AVENUE RIGHT OF WAY VACATION #3: A PORTION OF EXISTING SOUTH DUNCAN AVENUE RIGHT OF WAY, BEING A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02°3613811W 705.00 FEET AND N87°31156"W 13.97 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE S02°32117"W 33.92 FEET; THENCE S02°31'37"W 32.54 FEET; THENCE S03°34'50"W 19.62 FEET; THENCE S03°48'37"W 9.20 FEET; THENCE S02°46'34"W 17.79 FEET; THENCE S02°34'24"W 43.05 FEET; THENCE N87°17'27"W 4.92 FEETTO THE EXISTING WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: NO2°22'37"E 179.56 FEET; N01°57'32"E 13.71 FEET; AND N00°42'33"E 7.83 FEET; THENCE LEAVING SAID WESTERN RIGHT OF WAY S87°31'57"E 5.90 FEET; THENCE S00°42'33"W 16.72 FEET; THENCE S02°28'22"W 28.29 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.03 ACRES, OR 1,129 SQUARE FEET, MORE OR LESS. RIGHT OF WAY DEDICATION: A PART OF LOT 6, BLOCK 7, I. W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET N87°07'15"W 21.10 FEET; THENCE LEAVING SAID RIGHT OF WAY, ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 65.56 FEET, AND WHOSE LONG CHORD BEARS N79°01'41"E 21.73 FEET TO THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY S02°52'45"W 5.20 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 68 SQUARE FEET, MORE OR LESS. CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 2, 2025 CITY COUNCIL MEMO 2025-2429 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: VAC-2025-0023: Vacation (65 S. DUNCAN AVE/DUNCAN AVE APARTMENTS, 522): Submitted by ECOLOGICAL DESIGN GROUP for property located at 65 S. DUNCAN AVE. in WARD 2. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 3.88 acres. The request is to vacate 0.11 acres of right-of- way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2025-0023 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; 2. A 15-foot utility easement shall be dedicated centered on the existing gas line; 3. The existing AT&T service shall be terminated before AT&T can abandon a cable serving the associated units. This includes units 13, 21, and 22 at 65 S. Duncan; 4. The 12-inch water line shall be constructed along the project's frontage per the approval of the associated large-scale development (LSD-2025-0007). 5. Any easements required to serve the associated development shall be dedicated with the easement plat. BACKGROUND: The subject area is in central Fayetteville directly east of Harmon Field and 600 feet northeast of the Fayetteville High School building. The subject area contains ten parcels along S. Duncan Ave. containing a total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of uses from single-, two-, three -and four -family dwellings and larger apartment buildings. The existing structures were built between 1926 -1986. Additional details on each parcel is included in a staff attachment. The subject area 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 August 20, 2024, subject to a Bill of Assurance (RZN-2024-0028) limiting some uses of the property. A Large -Scale Development for a mixed -use development with a total of 3,000 square feet of commercial space, 294 multi- family residential units and associated parking was approved by Planning Commission on May 27, 2025 (LSD- 2025-0007). Request: The applicant proposes to vacate a portion of developed street right-of-way totaling 0.11 acres, ranging from 0- to 29-feet-wide along S. Duncan Ave. with an average width of approximately 5 feet. DISCUSSION: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Staff recommends approval of the applicant's request, finding the vacation of the subject right-of-way to not adversely impact the public interest. The approved large-scale development included a combination 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. At the November 10, 2025 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval. No public comment was provided during the public meeting. BUDGET/STAFF IMPACT: NA 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 #: 2025-2429 AN ORDINANCE TO APPROVE VAC-25-23 FOR PROPERTY LOCATED AT 65 SOUTH DUNCAN AVENUE IN WARD 2 TO VACATE 0.11 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 conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 2. A 15-foot utility easement shall be dedicated centered on the existing gas line. 3. The existing AT&T service shall be terminated before AT&T can abandon a cable serving the associated units. This includes units 13, 21, and 22 at 65 S. Duncan. 4. The 12-inch water line shall be constructed along the project's frontage per the approval of the associated large-scale development (LSD-2025-0007). 5. Any easements required to serve the associated development shall be dedicated with the easement plat. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-2429 Item ID 12/2/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/14/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2025-0023: Vacation (65 S. DUNCAN AVE/DUNCAN AVE APARTMENTS, 522): Submitted by ECOLOGICAL DESIGN GROUP for property located at 65 S. DUNCAN AVE. in WARD 2. The property is zoned MSC, MAIN STREET CENTER, and contains approximately 3.88 acres. The request is to vacate 0.11 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: Donna Wonsower, Senior Planner MEETING DATE: November 10, 2025 (UPDATED WITH MEETING RESULTS) SUBJECT: VAC-2025-0023: Vacation (65 S. DUNCAN AVE/DUNCAN AVE APARTMENTS, 522): Submitted by ECOLOGICAL DESIGN GROUP for property located at 65 S. DUNCAN AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.94 acres. The request is to vacate 0.11 acres of right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2025-0023 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward VAC-2025-0023 to City Council with a recommendation of approval, with all conditions as outlined by staff. " BACKGROUND: The subject area is in central Fayetteville directly east of Harmon Field and 600 feet northeast of the Fayetteville High School building. The subject area contains ten parcels along S. Duncan Ave. containing a total of 3.7 acres split between two areas (1 acre and 2.7 acres) which have been developed with a range of uses from single-, two-, three -and four -family dwellings and larger apartment buildings. The existing structures were built between 1926 -1986. Additional details on each parcel is included in a staff attachment. The subject area 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 August 20, 2025, subject to a Bill of Assurance (RZN-2024-0028) limiting some uses of the property. A Large -Scale Development for a mixed -use development with a total of 3,000 square feet of commercial space, 294 multi- family residential units and associated parking was approved by Planning Commission on May 27, 2025 (LSD-2025-0007). Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Multifamily Residential RMF-40, Residential Multifamily, 40 Units per Acre South Fayetteville High School Campus P-1, Institutional East Mixed -Density Residential RMF-40, Residential Multifamily, 40 Units per Acre MSC, Main Street Center West Fayetteville High School Campus RMF-40, Residential Multifamily, 40 Units per Acre P-1, Institutional Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 1 of 17 Proposal: The applicant proposes to vacate a portion of developed street right-of-way totaling 0.11 acres, ranging from 0- to 29-feet-wide along S. Duncan Ave. with an average width of approximately 5 feet. DISCUSSION: Staff recommends approval of the applicant's request. The approved large-scale development included a combination 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. 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 existing facilities will be at the property owner/developer's expense. AEP/SWEPCO No objections, provided that easements required by SWEPCO shall be dedicated as necessary to bury the existing overhead line. Black Hills Energy No objections, provided a 15-foot utility easement shall remain centered on the existing gas line. AT&T No objections, but noted that Units 13, 21, and 22 at 65 S. Duncan still have service, and those customers will need to terminate their service before AT&T can abandon the cable feeding them. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections, provided that the 12-inch waterline shall be constructed along the project frontage per LSD-2025-0007 Solid Waste & Recycling No objections and no comments. Transportation No objections, provided any necessary easements are retained. Public Comment: To date, staff has not received any public comment on this item. RECOMMENDATION: Staff recommends forwarding VAC-2025-0023 to City Council with a recommendation of approval, with the following conditions: Conditions of Approval: Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. A 15-foot utility easement shall be dedicated centered on the existing gas line; Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 2 of 17 3. The existing AT&T service shall be terminated before AT&T can abandon a cable serving them. This includes units 13, 21, and 22 at 65 S. Duncan; 4. The 12-inch water line shall be constructed along the project's frontage per the approval of the associated large-scale development (LSD-2025-0007). 5. Any easements required to serve the associated development shall be dedicated with the easement plat. PLANNING COMMISSION ACTION: Required YES Date: November 10, 2025 O Tabled ® Forwarded O Denied "I move to forward VAC-2025-0023 to City Council with a recommendation of Motion: CABE approval, with all conditions as outlined by staff." ISecond: PAYNE BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close -Up Map o Current Land Use Map • Applicant Exhibits o Applicant Request Letter o Applicant Petition to Vacate o Survey — Right-of-way to be Vacated Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 3 of 17 VAC-2025-0023 One Mile View U RSF-4 3 1 R-O Neighborhood Link I� Institutional Master Plan Regional Link - High Activity Urban Center — Unclassified — Alley — Residential Link — — Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area 65 S. DUNCAN AVE ORTH i0 0.13 0.25 0.5 Miles , f w 1 t t � t t t RMF-40 MSC Subject Property RPZD -------------- 0 Planning Area Fayetteville City Limits g 1 'I 1 �" November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 4 of 17 VAC-2025-0023 65 S. DUN CAN AVE Close Up View NCR W ♦♦� O Z C�`tiT ``♦♦ RMF-40 RMF-24 Q T� ��oowo OG0 Oak Ridge1Trail Subject Property READWEL•L--ST W Q J _J 2 z MSC DG G P-1 PUTMAWST M W W J J a N W J J Q NORTH ■ Neighborhood Link Alley Residential Link Hillside -Hilltop Overlay District Feet ~Planning Area 0 75 150 300 450 600 Fayetteville City Limits Shared -Use Paved Trail 1 .2 ,400 Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 5 of 17 November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 6 of 17 Alum Ecological Design Group 216 West Birch St, Rogers, AR 72756 August 4, 2025 Planning Commission Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 RE: Right -of -Way Vacation Request Planning Commission: Please accept this Right -of -Way Vacation request for the Duncan Ave Student Housing Development located at South Duncan Avenue, Fayetteville, AR 72701. These Right -of -Way Easement Vacation requests are to remove existing street right-of-way dedications to the City of Fayetteville along the West side of S. Duncan Ave to bring the existing ROW into compliance with the Master Street Plan. This Right -Of -Way Vacation request consists of three segments along S. Duncan Ave. The first right-of-way vacation in question is approximately 899 sq. ft. that runs parallel to South Duncan Avenue, north of Treadwell Street. The second is approximately 2,436 sq. ft. that runs parallel to South Duncan Avenue, south of Treadwell Street to parcel #765-14436-000. The third vacation is approximately 1,129 sq. ft. and extends adjacent to South Duncan Avenue to parcel #765-14440-000. The intent of this request is to bring the existing ROW into compliance with the street sections as proposed in the adopted Master Street Plan. If you should have any questions, please do not hesitate to contact me. We appreciate your continued support of this project. Sincerely, Katelynn Hopkins EIT (479) 441-0231 ECOLOGICAL DESIGN GROUP WWW.ECOLOGICALDG.COM Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 7 of 17 PETITION TO VACATE RIGHT-OF-WAY PETITION TO VACATE A street right-of-way LOCATED ON South Duncan Avenue, CITY OF FAYETTEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of- way hereafter sought to be abandoned and vacated, lying on South Duncan Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of- way which is described as follows: SEE LEGAL DESCRIPTION ATTACHED. The abutting real estate affected by the abandonment of the street right-of-way along South Duncan Avenue in the City of Fayetteville has been considered, and it has been determined that the public interest and welfare will not be adversely affected by the vacation of said street right-of-way. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to the existing utility easements as required, and that the real estate be used for the respective benefit and purpose as currently authorized by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. pp 11N 1 �y 5 c, �%,eloaWAte Dated this ly ,4ay of Sy\y 20X5_ ,r. rp Eo? 11t Sib G, 1-", a N%,wme, llf"'4& VIA-li; 11 cp�Pwn.S 1K ger'a�1 41(kner Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 8 of 17 Docusign Envelope ID: D26A375E-071C-44DF-9B22-A7A002684E79 PETITION TO VACATE RIGHT-OF-WAY PETITION TO VACATE A street right-of-way LOCATED ON South Duncan Avenue, CITY OF FAYETTEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of- way hereafter sought to be abandoned and vacated, lying on South Duncan Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of- way which is described as follows: SEE LEGAL DESCRIPTION ATTACHED. The abutting real estate affected by the abandonment of the street right-of-way along South Duncan Avenue in the City of Fayetteville has been considered, and it has been determined that the public interest and welfare will not be adversely affected by the vacation of said street right-of-way. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to the existing utility easements as required, and that the real estate be used for the respective benefit and purpose as currently authorized by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. 7/14/2025 Dated this day of , 20 Chip Dickenson Printed Name —DocuSigned by: (1k# VAUA S6V, Signature Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 9 of 17 Docusign Envelope ID: 8FBED754-E316-420B-B2CF-92DBOE8902A0 PETITION TO VACATE RIGHT-OF-WAY PETITION TO VACATE A street right-of-way LOCATED ON South Duncan Avenue, CITY OF FAYETTEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of- way hereafter sought to be abandoned and vacated, lying on South Duncan Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of- way which is described as follows: SEE LEGAL DESCRIPTION ATTACHED. The abutting real estate affected by the abandonment of the street right-of-way along South Duncan Avenue in the City of Fayetteville has been considered, and it has been determined that the public interest and welfare will not be adversely affected by the vacation of said street right-of-way. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to the existing utility easements as required, and that the real estate be used for the respective benefit and purpose as currently authorized by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. 7/15/2025 Dated this day of , 20 Elaine Lynch Printed Name —Signed by: Ww- Signature Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 10 of 17 Docusign Envelope ID: CE8C4466-2477-4678-816C-2CACD1EAE34C PETITION TO VACATE RIGHT-OF-WAY PETITION TO VACATE A street right-of-way LOCATED ON South Duncan Avenue, CITY OF FAYETTEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of- way hereafter sought to be abandoned and vacated, lying on South Duncan Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of- way which is described as follows: SEE LEGAL DESCRIPTION ATTACHED. The abutting real estate affected by the abandonment of the street right-of-way along South Duncan Avenue in the City of Fayetteville has been considered, and it has been determined that the public interest and welfare will not be adversely affected by the vacation of said street right-of-way. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to the existing utility easements as required, and that the real estate be used for the respective benefit and purpose as currently authorized by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. 7/14/2025 Dated this day of , 20 John Adam Printed Name —Signed by: Signature Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 11 of 17 Docusign Envelope ID: 85193263-7225-4158-B222-8996AC2DD99E PETITION TO VACATE RIGHT-OF-WAY PETITION TO VACATE A street right-of-way LOCATED ON South Duncan Avenue, CITY OF FAYETTEVILLE, ARKANSAS. To: The Fayetteville City Planning Commission The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the street right-of- way hereafter sought to be abandoned and vacated, lying on South Duncan Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a street right-of- way which is described as follows: SEE LEGAL DESCRIPTION ATTACHED. The abutting real estate affected by the abandonment of the street right-of-way along South Duncan Avenue in the City of Fayetteville has been considered, and it has been determined that the public interest and welfare will not be adversely affected by the vacation of said street right-of-way. The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the above -described real estate, subject, however, to the existing utility easements as required, and that the real estate be used for the respective benefit and purpose as currently authorized by law. The petitioners further request that the above described real estate be vested in the abutting property owners as provided by law. 7/16/2025 Dated this day of , 20 Rachel Smith Printed Name —Signed ��by: u Signature Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Page 12 of 17 Docusign Envelope ID: 85193263-7225-4158-B222-8996AC2DD99E 7/16/2025 Travis Smith Printed Name —DocuSigned by: p\XII �'� T��vv \ V Signature Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Page 13 of 17 LEGAL DESCRIPTION Duncan Avenue- ROW Easement Vacation SOUTH DUNCAN AVENUE RIGHT OF WAY VACATION #1: A PORTION OF EXISTING SOUTH DUNCAN AVENUE RIGHT OF WAY, BEING LOCATED PARALLEL TO PART OF LOT 3 AND LOTS 4 THROUGH 6, BLOCK 7, I. W. DUNCANS ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING N02054'25"E 50.22 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE EXISTING WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE; THENCE RUNNING ALONG SAID RIGHT OF WAY NO2°53'29"E 39.98 FEET; THENCE LEAVING SAID RIGHT OF WAY S86°46'37.6"W 51 FEET; THENCE S02054'25"W 39.67 FEET; THENCE ALONG A CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 65.56 FEET, AND WHOSE LONG CHORD BEARS N89014'47.5"W 50.0 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.02 ACRES, OR 899 SQUARE FEET, MORE OR LESS. SOUTH DUNCAN AVENUE RIGHT OF WAY VACATION #2 A PORTION OF EXISTING SOUTH DUNCAN AVENUE RIGHT OF WAY AND A PORTION OF EXISTING WEST TREADWELL STREET RIGHT OF WAY, BEING LOCATED PARALLEL TO THE EASTERN BOUNDARY OF LOTS 1 THROUGH 6, BLOCK 6, AND ALONG THE SOUTH BOUNDARY OF LOT 6, BLOCK 7, I. W. DUNCANS ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN IN PLAT BOOK 4, PAGE 192, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SAID LOT 6, BLOCK 7, SAID POINT ALSO BEING THE INTERSECTION OF THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET AND THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING THENCE ALONG A CURVE TURNING TO THE LEFT, HAVING A RADIUS Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 14 of 17 OF 65.61 FEET, AND WHOSE LONG CHORD BEARS S35029'42"W 73.34 FEET; THENCE S02047'38"W 45.51 FEET; THENCE S02°47'38"W 37.76 FEET; THENCE S02°47'38"W 104.24 FEET; THENCE S02°47'38"W 49.65 FEET; THENCE S02047'38"W 63.9 FEET; THENCE S02040'19"W 3.01 FEET; THENCE N87013'37.3"W 38.3 FEET TO THE EXISTING WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 6 COURSES: NO2°28'08"E 148.2 FEET; NO2°26'55.1 E 60.2 FEET; N02031'36.6"E 50.0 FEET; N02029'22.4"E 40.0 FEET; N02027'42.4"E 50.00 FEET TO THE NORTHERN RIGHT OF WAY OF WEST TREADWELL STREET, AND RUNNING ALONG SAID RIGHT OF WAY S87007'49.4"E 49.0 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.06 ACRES, OR 2,436 SQUARE FEET, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. SOUTH DUNCAN AVENUE RIGHT OF WAY VACATION #3 A PORTION OF EXISTING SOUTH DUNCAN AVENUE RIGHT OF WAY, BEING A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SAID FORTY ACRE TRACT, AND RUNNING S02038'36"W 70.05 FEET AND N87031'57"W 13.97 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE S02031'17"W 33.92 FEET; THENCE S02031'37"W 52.4 FEET; THENCE S03°34'50"W 19.62 FEET; THENCE S03°48'37"W 20.29 FEET; THENCE S02043'19.7"E 77.79 FEET; THENCE S02°34'24"W 43.05 FEET; THENCE N87°27'24"W 92.72 FEET TO THE WESTERN RIGHT OF WAY OF SOUTH DUNCAN AVENUE, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 3 COURSES: NO2°30'43"W 79.56 FEET; N02037'32.1 "W 72.81 FEET; NO2°28'08"E 73.83 FEET; THENCE LEAVING SAID WESTERN RIGHT OF WAY N87031'57"E 50.97 FEET; THENCE S02°43'31.7"E 16.27 FEET; THENCE N02028'22.9"W 28.9 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 0.03 ACRES, OR 1,129 SQUARE FEET, MORE OR LESS. Planning Commission November 10, 2025 VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 15 of 17 4, FOUREARY BASED ON, ...Wool FITI.E-EFIREBB EENEO. MSC, MAIN STREET/CENTER IOIEO.AMF 4O NUN NUR FROM CU'TENLNEOFnLLEFF: 11 v YEFFENLLC A561KKNNL NTP11101<PPAOEF ONNIE�N MEONWE OFMEGIRGUIi WENN oIX1NHC0 RECOWEA WMWnSNNGTCN CWNTY, BERG MORE PARTIOULABLY GRESI �.­EANI E EI EGI 0,F=LOCK 7. AND FORMING NOM­E 55 DO FEET M THE POINT BE BEGIIIING MID POINT ALSO BEING PONT L=o RECRID A ME IF LET I�ELCOEK 7. 1 IF DUNCAN G QNoDN To KE Cl OF "YEFTEVILLE, AS SHOO I I KIT BEEN 4 PAGE 1 S2 ON 'ILE IN THE OFFICE OF THE QF­ LOT I BLOCK 6 1 1 FORREMIN looRTION BE THE CITY OF �TFFHLLE MAERINGTON COUNFY ARKANSAG AS SHOO IN PLANT BLANK B, PAGE IF1 ON 1111 IN THE MID RIGHT OF NNAI NA- REIM I AN N III IN KMBAFF NG AD FEET TO THE POINT OF MARINE, CONTAINING IN ALL 111 ABILI 111111111 1� �,IIT�HTICIFEEE�T AF LET 1. REDE 1. 1, . ELNGBN B ADDIFIFEN 70 Iff 1-1 FAMETTEMILLE, AS I. IN FIAT BOOK 4 'AGE I . ON FILE IN THE OFFICE OF THE SOUIR 15 FEET OF LET I AND TIE Noll IS REST 01 ON 3 ITACK 8 1 W FLN­ ADDITION BE THE G11 01 ­111 AS WERN IN FLAT GREI 4 PARE _N I ILE INTOR HARSEB, THE "AN, BHMK MID EA OFF ME REARIDER OF MANSHNITTI III NI Al-11, ATED BEING MORE IFFIRLANI LFAI No PAN .. 01 MFAY N_7 11 . I FORD HEAT TMAG1 = .1 AL AD FEET ON .1 PRINT OFFELEGINNING "A OF " SoUT' 1 o BEEF OF EST 3 ARE ALL OF LET 4. E­ 6. 1. � DUNCAN S ADDITION TO THE CITY BE FAYETTEVILLE. AS ON N FLAT EDON �, PABE I BE ON FILE HILLINAM 1% 00 FEET BE THE PERINT 01 MEHINING CONTANING IN ABLE 0 N AGAI FROME OF LESS F­ BE FAEEM ONTAND NIGHT OF= HIT A AID THE 111141 HALF 11111, 1 IN A I I DIMEARS ADDITION HE TIE 1111 TABEFTHEALLE IBBIGANI 11 FLAT ­ 4 POPE 11 ON I ILE IN 11 OFF K IF ONE LINK T BE HELLEAS SF- UINIIAWNGMDIIGIOIWIN�OMIOOMFEI,IEK:%NG�DRIG.01��1.111111�l�ll�I BE NO MGM 'NI Ly K.N.A. FAR'Ll No A.. I PLAY AT SELOTH ..AN THAT A , FEET RESORD AN BEING A, T=B OLANTER OF SECTION 16, TONN64P 16 NORM. MORE SO MORE. NARMINATEN.1Nl ARNPNUS, BE NG MORE PARGI ERAS "Y AEG A POSEBRON OF REAT 16 SOM WISLAN ANEWE FIGHT 11 — BERNE LEGABOD EARN BE PART OF LENT 3 AND LOS 4 THROUGH L BLOCK 7.1 1 MUNGLARR ARDI ON To THE HE AN ANF_ RAPHREBRICOUNIF ISBN. BE THE BID LOT I FLOOK 7. SAID POINT AMID BEING THE INTERGESTARN OF THE NORTHERN RISK 01 WAY OF RGET HORD BEING NN­ 1 DO FEET BE THE FORT DI G IN ALL G, BE FEET, FILM ON LEON ..M­ AT .1 KJOBLEAFT OFFNER OF .1 END LOT NIFIR 1, FAIR POINT ALSO ..No THE NOTERAILTHEN HE .1 NORTHERN RON OF — OF AT AND NO, NINE THING, ALONG A S T_ NO IS THE LEFT IAI NO A NALI B , " AT _ , '. IN EGGS . DIFE E FEET MOM OR ANN. NORMAN ANNEALE RIGHT OF No. NAGANDIN OF MONKNE G_ "`2 FEET, NEENCE GG­ N� S2 54 FEET NENCE M­ TO 62 FEET THENCE SOA­ 9,20 A PART IFII ' I W 11AMN A ASONFOR TO 11 Gol OF FAEFFEENILLE, AS SHOO IN PLAT BOOK 4 ME 192, OR FLE 11 THE OFFICE OK THE BRASHIT BEELIMELL STREET AND THE _T% SHOT AN.ROMIMALONESAIGIRENTERFANDIF­ 4n OWNECi6uNvnorvO'AT ONE MOwMwrS HN xetE SEEN PUCEN AN SEATED RERADIN 1 ' �No WR6EN6N�LS.,118 E VAC-2025-0023 (DUNCAN AVE APARTMENTS) Paqe 16 of 17 MAP - FAYETTEVILLE, AR NOT TO ECIIE 101 G1111 HAH�R, 'E 106.4 roxrx II AANW ---- ---- -- I FIGHT=YAGAT N#1 I FEET - EA-A-1- IL FL-1 "I 1 E A � I Al.4 I � ........... T I � AWANAAGAHLI 337 07 15' E I0.00'z 1102'52­)E�5.00' A_ 2� NO2-96ii 25... 502-52-4- 15.00 R� 2 43F SQ FEET o AlIFE 1111EI .711 -11- ffi lAlE.FAlll 11-1 11H111 A '1ILZLTLI L �-ll FT =Ase `7E�"= 111HI 4� 11 Lll 1 ­11 'W DU'N'­AEL�.N ­TL, Al H. 'T P.-"' AA Wlv L__lAllE I z ­4 F 114 4 E 1�1 T A -11LLE AR-1 - .lEl 11 3 IA' HITI �aTlHlolAD%a �xxxr ��xKxAE EE��11 '.4 A 11 ALI. GRAPHIC SCALE 16G OF WAY G I Ln S i TO LL A . 3R Q R- �71 L-7-071- 66.00' vas Iv,+mos GAIIA R i- A os INLAT.L" 7 ARF (�27 0 RH Gl. ANATLN­1H­L­AARlENA­ WRAHAATE­T0­I.11AA­lTG­A F-11 'sAFF1.111E N- 1.11 .1 ­ III -Al 11 -H-1 1.11 AIR, .11 Ill D111111 FILL11 LF AT THI 7 L_­Tl'T1=Z%l"llTN'Tl.N A U'AGAY N Tl'=E'lLTLE"'IlTA'.'ll A N A I , T r1l 11 A 0 N�V� = I 'k.RA =.-N, 'D A A_R= = E.� �LHLET. S U' =N'AVENU'HX T-RELA" N�F A 'I. aN IIENIE H. LE HA '�r A, =N ZYE'� E _==1'7�1' F. 11 ­ G.AlE .1 .11E .1 -1 A. lTH­GG161�L'l'lTK'lLE'N'D' Z'�' 'H'1'11'1'T'H' . . . . NG- INDI" I'l _ III A=F' NI ­1 IA AL F .05t q... AT T-LUT1.1 llEl -1 - LLT I A.1 7 .1G ANAT AL. R� TII­1�1111. �l ll� NLIGIOIN NAll �F - N ­11-ILL ATIGET G THE ===l'=lARE ­ H= =N"I" I I.IEE " HA NlllllEllllll,ANI=%l _ ALF RL" 'R* E EAA 1�? E A'V'E��TE`R%RD . TET N III E N .1 ILT TI HHE 11RT 11 ­RNRI ­RIAc lx ALL G111E III .1ENxsNp YLN.RHI - I.. A FORTH.-AIRRER...-l- A °F THR II-N 1, ­Rl 11 -TH, I-E . 'AT" E, 3 1 NN MW IF �'l l=ELYZ I I-A W �.%­ RA_ _ �­.�'E n EM El­Z0 �'?12,1'E'LT ­N� CE ­1 ­=T"'W= 1191'= HE NIE A D N G A %WAlyX .TlEEAlH..TEFNRl 01 Y.1 �LHALAR , R -1-111- El 1� 11 El D ­.. E I TIERHEE LE- AAA -IN NA.1­1­11 IN =l=NlG=lS,­E xNs6 IR-1-HRINTRA 711111 F, 11 GART LAAI A.1 _ FIGH A =1=1'= LANL RA"NI A IHE A'THEIN ­== I n TIE AWAY= =N N 6D� TIH LFIL'AyH'A�' '6' NU R� N � H A�%DU. N'DT- IA A� I�E� Al xEE'LNON­='�'l 41.11 7IHElT.l.­'­E'lNAl­­I10JTH IHICAN T. HE I " �6 ��W 'E II I 11 "ITLE12" I-"- �l -E U� tIEl AE - - - -Ell 1� I 111N = '�l "I I \'� ___ FFI. I F" -Wa 7 - �O7 1 31Iij 1 �5�� )' � "i Am 31 R 2115 WELE1 1711-1-- G ­' ­" az IF 9 xA 'AN F 1­ T IRATIR. I-E N11"ll 11 1IFNER r- REANI A� LEARRERRH PROJECT TITLE: HARMON PLACE o 11.1-11li's.&RAY PROJECT LOCATION: IF 1� -El IANH 1EIT111 11 RIGHT GjF2, FAYETTEVILLE, AR '36'[W 86.17' 1129 1129 1129S 1129S 1129S CA AEy'. 1� �12 IL IEET AHRE GlAll WANLE IAIIEL.I.- ELEIR11 -1 HE REL, EAY WLE . 111. NA cD" of 1IN11 .7-1 7-21W 20.07' E �­EATAL A-T 1 1111 FN RT 11 A, 1 -1 2N'T'l'NLlAH 1.11L 02-31-37-E I NIII117i Na po' �N do IA'Ul 87-17'2r'E 20.OT 4 d A. 4 5®pE RILT ­1 'ARITI 11 NA-l-E -NE 1'4 " 114 IE. IN T , 6. Z LL cf) ALLIANR� ­.E 5 2� 70.00' LU E0 z FIF-1- Lu U 0 GA­- U) 'N. _.; �:'__ E H, - - - - - - - EFAH < -E; I- 0 -.1- Al 12­ 11RIL I I + 1IN11 11 ""ON P=REA, I E-ALIE-1E 1�11L c Ki"ga. Nocember 10,.2Q25NE VAC-2025-0023 (DUNCAN AVE APARTMENTS; Paqe 17 of 17