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
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VAC-2025-0023 65 S. DUN CAN AVE VAC-2025-0023
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JORGENSEN
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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
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Regional Link - High Activity
Urban Center
— Unclassified
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Fayetteville City Limits
1 1 Planning Area
65 S. DUNCAN AVE
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November 10, 2025
VAC-2025-0023 (DUNCAN AVE APARTMENTS)
Paqe 4 of 17
VAC-2025-0023 65 S. DUN CAN AVE
Close Up View
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Residential Link
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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
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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
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VAC-2025-0023 (DUNCAN AVE APARTMENTS)
Paqe 16 of 17
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Nocember 10,.2Q25NE
VAC-2025-0023 (DUNCAN AVE APARTMENTS;
Paqe 17 of 17