HomeMy WebLinkAbout164-26 RESOLUTIONPage 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 164-26
File Number: 2026-1978
A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE UNIVERSITY OF
ARKANSAS THAT ESTABLISHES MAINTENANCE RESPONSIBILITIES ON CERTAIN ROADWAYS
AND SIDEWALKS THROUGH AND ADJACENT TO UNIVERSITY OF ARKANSAS PROPERTIES
WHEREAS, for several years, the University of Arkansas expressed interest in using its property frontages and our
sidewalk rights-of-way along public streets for additional landscaping, extended areas of Senior Walk, and other
enhancements; and
WHEREAS, City and University staff collaborated to identify a mechanism to accomplish this that protected the
interests of both institutions, culminating in a conditionally approved right-of-way vacation that was approved by City
Council in 2023 through Ordinance 6640; and
WHEREAS, Ordinance 6640 encompassed 6.54 acres of street and sidewalk right-of-way along seven streets
adjoining the main University of Arkansas campus and its satellite arts district; and
WHEREAS, the University of Arkansas proposed dedication of certain rights-of-way along with utility easements to
protect existing facilities and requirement of a formal agreement between the City and University to assure pedestrian
access and clear delineation of responsibility for maintenance and repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign a
Memorandum of Understanding with the University of Arkansas that establishes maintenance responsibilities on
certain roadways and sidewalks through and adjacent to University of Arkansas properties.
PASSED and APPROVED on July 7, 2026
Approved:
_______________________________
Attest:
_______________________________
Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-1978
MEETING OF JULY 7, 2026
TO: Mayor Rawn and City Council
THROUGH: Keith Macedo, Chief of Staff
FROM: Jonathan Curth, Development Services Director
Chris Brown, Public Works Director
SUBJECT: Adoption of a City of Fayetteville-University of Arkansas memorandum of
understanding that establishes maintenance responsibilities on certain roadways
through and adjacent to University of Arkansas properties
RECOMMENDATION:
City staff recommends approval of a resolution to adopt a City of Fayetteville-University of Arkansas
Memorandum of Agreement (MOA) establishing maintenance responsibilities on certain roadways through and
adjacent to University of Arkansas properties.
BACKGROUND:
For several years, the University of Arkansas expressed interest in using their property frontages along public
streets for additional landscaping, extended areas of Senior Walk, and other enhancements. City and
University staff collaborated to identify a mechanism by which to do this that protected the interests of both
institutions, culminating in a conditionally approved right-of-way vacation that was approved by City Council in
2023 (Ordinance 6640; attached). This ordinance encompasses 6.54 acres of right-of-way to be vacated along
seven streets adjoining the main University of Arkansas campus and its satellite arts district. None of the 18
portions of right-of-way include vehicle driving lanes.
In-turn, the University proposes dedication of right-of-way along with utility easements to protect existing
facilities. Among the outstanding conditions of the approved right-of-way vacation, perhaps the most prominent
is the requirement for a formal agreement between the City and University, enshrining assurances of
pedestrian access and clear delineation of responsibility for maintenance and repairs.
DISCUSSION:
Following approval of Ordinance 6640, City and University staff developed a MOA to enshrine the right-off-way
vacation’s conditions. The MOA was approved by the University’s Board of Trustees with mayoral signature
pending Council approval.
BUDGET/STAFF IMPACT:
ATTACHMENTS: 3. Staff Review Form , 4. City of Fayetteville-UA MOA, 5. Ordinance 6640
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Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-1978
A RESOLUTION TO APPROVE A MEMORANDUM OF UNDERSTANDING WITH THE
UNIVERSITY OF ARKANSAS THAT ESTABLISHES MAINTENANCE RESPONSIBILITIES
ON CERTAIN ROADWAYS AND SIDEWALKS THROUGH AND ADJACENT TO
UNIVERSITY OF ARKANSAS PROPERTIES
WHEREAS, for several years, the University of Arkansas expressed interest in using its property
frontages and our sidewalk rights-of-way along public streets for additional landscaping, extended areas
of Senior Walk, and other enhancements; and
WHEREAS, City and University staff collaborated to identify a mechanism to accomplish this that
protected the interests of both institutions, culminating in a conditionally approved right-of-way
vacation that was approved by City Council in 2023 through Ordinance 6640; and
WHEREAS, Ordinance 6640 encompassed 6.54 acres of street and sidewalk right-of-way along seven
streets adjoining the main University of Arkansas campus and its satellite arts district; and
WHEREAS, the University of Arkansas proposed dedication of certain rights-of-way along with utility
easements to protect existing facilities and requirement of a formal agreement between the City and
University to assure pedestrian access and clear delineation of responsibility for maintenance and
repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to
sign a Memorandum of Understanding with the University of Arkansas that establishes maintenance
responsibilities on certain roadways and sidewalks through and adjacent to University of Arkansas
properties.
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5/28/2026
Submitted Date
No
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V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
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No
No -$
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Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2026-1978
Item ID
6/16/2026
City Council Meeting Date - Agenda Item Only
City staff recommends approval of a resolution to adopt a City of Fayetteville-University of Arkansas Memorandum
of Agreement establishing maintenance responsibilities on certain roadways through and adjacent to University of
Arkansas properties
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #Ord. 6640
Approval Date:2/7/2023
Original Contract Number:
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MEMORANDUM OF AGREEMENT
BY AND BETWEEN
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS, ACTING FOR AND
ON BEHALF OF THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE
AND
CITY OF FAYETTEVILLE, ARKANSAS
REGARDING
CONDITIONS OF VACATION OF VARIOUS RIGHTS-OF-WAY AND THE
RESPONSIBILITIES FOR THE ONGOING MAINTENANCE
OF ROADWAYS THROUGH THE UNIVERSITY OF ARKANSAS,
AND FOR OTHER PROPERTIES AS AGREED TO BY THE PARTIES
WHEREAS, the University of Arkansas (the University) is located within the city limits
of the City of Fayetteville, Arkansas (the City) and the City has FHUWDLQstreets that pass through
the state-owned property of the University; and
WHEREAS, the City has been granted ownership of the Rights of Way (ROW) of these
streets which once were the property of the State of Arkansas, in the form of highways managed
by ARDOT; and
WHEREAS, the City and the University have determined that it is in the best interest of
both parties and the constituencies they respectively represent to transfer ownership of specific
portions of said ROW from the City to the University; and
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 and the University have jointly executed the required official legal
documents required to make such ROW transfers, such that the City generally owns the ROW
encompassing the street width from the back-of-curb to back-of-curb for the designated streets;
and the University owns the land beginning at the back-of-curb, it then being a continuous part
of the University’s adjacent property; and
WHEREAS the City and the University wish to designate the maintenance
responsibilities for all land areas, surface and sub-surface infrastructures, landscape and grounds,
and other appurtenances, collectively referred to as facilities, of the University and the City
respectivelyLQVXFKWUDQVIHUUHG52:DUHDV; and,
WHEREAS the City and the University wish to execute all necessary associated utility
easements, as required to maintain said facilities, both public and private; and
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WHEREAS the City and the University agree to provide in the agreement assurances for
pedestrian access to sidewalks of the University in the vacated areas; and
NOW THEREFORE, the City and the University agree to the following conditions and
responsibilities under this agreement, for the designated areas shown on the attached and
referenced exhibits:
I. PEDESTRIAN ACCESS
a. The University agrees by execution of this MOU with the City, to accommodate use
by the general public of the sidewalks that are located on the subject University
property for pedestrian traffic, to be used in compliance with applicable law and
policies of the University. The University may temporarily close or otherwise manage
access for safety, construction, repair, or maintenance purposes.
II. EASEMENTS FOR FACILITIES
a. Easements shall be dedicated for any existing facilities associated with this right-of-
way vacation request, with review and coordination by the University, the City, and
the utility provider, including properly identifying utilities in the field by means of
surveying, pot holing, and coordinating with utility representatives.
b. Signal poles and appurtenances must remain in the right-of-way, or an easement be
dedicated over the areas where poles and appurtenances are located.
c. Drainage easements must be dedicated in areas of existing drainage facilities.
d. For the installation of future utilities, the University and the City agree to work
cooperatively to provide reasonable and necessary access to utility providers.
III. MAINTENANCE RESPONSIBILITIES OF THE CITY.
a. Within the City ROW, the city shall be responsible for maintaining the street paving,
curbs and gutters, storm and drainage structures, traffic and crosswalk signals and
control cabinets, street markings and all other hardscape or road elements, unless
specifically identified as a responsibility of the University elsewhere in the MOU.
b. Outside City ROW, the City shall be responsible for repairs to features behind the
curb due to maintenance, installation, and repair of any City facilities located within
vacated rights of way, including drainage facilities and water/sewer lines, where a
utility easement has been granted to the City from the University. The City shall be
financially responsible for restoration of disturbed hardscape and landscape only to
the extent the repairs are consistent with the standard of care for other City Streets.
The University shall be responsible for any enhanced landscape or hardscape above
that which is typical for the City in other similar instances.
c. The City shall not be responsible for the maintenance of landscape, trees and
irrigation systems, located in the street medians, unless specifically noted below.
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d. For other site improvements located outside the City ROW, or not contained in a
dedicated City easement, the City will not be responsible for maintenance or repair of
anything except a standard sidewalk, as defined in City engineering standards for a
Master Plan Street Section of the same classification. Where repairs require specialty
hardscape materials (e.g. Senior Walk, specialty pavers, specialty signage) desired by
the University, restoration shall be as mutually agreed by the City and University; but
the City will be responsible for only the cost of City standard hardscape materials as
specified by the design standards shown in the Master Plan Street Sections. Any
damage to or relocation of existing facilities will be at the expense of those creating
the need for the maintenance or repair.
IV. MAINTENANCE RESPONSIBILITIES OF THE UNIVERSITY
a. For the streets noted below, the maintenance responsibility of the University within
the City ROW will be primarily related to landscape elements, associated with ground
cover, trees and irrigation.
b. Unless explicitly noted otherwise, maintenance responsibility of the University does
not include hardscape or road elements located in City ROW, such as curb and gutter,
drainage infrastructure, paving, traffic and crosswalk signals and equipment, street
markings, and standard traffic control signage; all of which are the responsibility of
City. University specialty monument signage is not the responsibility of the City,
whether in City ROW or not.
c. Scope of Maintenance Services to be provided by the University:
1) Maintenance of turf grass:
a) Mowing, chemical treatment
b) Periodic edging and weed string trimming
2) Maintenance of trees:
a) Pruning as required
b) Replacement when necessary
c) Installation, pruning, and replacement will be coordinated such that
signage elements maintained by the City are not obscured, and that
sight distance standards are upheld.
3) Irrigation systems where applicable:
a) Backflow device maintenance
b) Drip irrigation for trees
c) Turf irrigation where applicable
d) Utility costs for irrigation
4) Crosswalk striping and pedestrian enhancements (RRFB’s, in pavement
lighting, and the like) at non-signalized pedestrian crossings.
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ϭϭϯϭϯ
V. ROADWAYS AND STREETS SUBJECT TO THIS AGREEMENT
The following street designations are subject to this MOU and the conditions stated
herein. The complete ROW documents and legal descriptions are included in the
referenced ATTACHMENT 1, which describes all three (3) Vacation Map sections.
This list may be modified or amended over time as the need arises between the
parties.
a. The street sections generally identified below are shown in the Vacation Maps and
are identified in the EXHIBITS, shall be subject to the specific requirements noted in
the Agreement:
1) SOUTH RAZORBACK ROAD
a) RAZORBACK ROAD - Martin Luther King Blvd to W Hotz
Drive
2) MAPLE HILL BLOCK
a) RAZORBACK ROAD –W Hotz Drive to Cleveland Ave
b) CLEVELAND AVE - Razorback Road to Lindell Ave
c) MAPLE STREET - Razorback Road to Garland Ave
d) GARLAND AVE - Maple Street to Cleveland Ave
3) ART AND DESIGN DISTRICT
a) MARTIN LUTHER KING, JR. BLVD –Hill Ave to LeRoy Pond
Dr
b) HILL AVE –Martin Luther King Jr. Blvd to South Property
Boundary
c) LEROY POND DR.–Martin Luther King Jr. Blvd to South
Property Boundary
VI. MINOR PHYSICAL MODIFICATIONS
The University and the City jointly and independently reserve the right to make
limited reasonable modifications to the University maintained areas at their own cost,
as needed to maintain safety of the roadways, accommodate changing site conditions
and to preserve the ability to maintain the areas. Each party shall notify the other prior
to making such modifications and the basis for the need for the modification by
contacting Facilities Management with the University and the Office of the City
Engineer with the City.
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VII. DURATION
This Agreement will only expire if both the University and the City consent to its
termination in writing.
VIII. TRANSFER
This Agreement shall not be transferable unless approved in writing by the City of
Fayetteville, and the Board of Trustees of the University of Arkansas.
IX. AMENDING THE MEMORANDUM OF AGREEMENT
FAILURE TO PERFORM: Should either of the signatories to this Agreement believe
that the terms of this Agreement are not being met, or cannot be met, that party shall
immediately notify the other signatories and request consultation to amend this
Agreement. The parties agree to act in good faith to resolve any issues incurred over
the term of the Agreement, consistent with any applicable laws, codes or ordinances,
and with accepted professional engineering practice.
CHANGES TO THE AGREEMENT: Over time, it is expected that there will be the
need to change ROW designations, add additional streets and ROW to the agreement,
or remove areas currently in the Agreement. Should this need arise over the life of the
Agreement, the signatories to this Agreement shall notify the other signatories and
request consultation to amend this Agreement. The parties agree to act in good faith
to resolve any issues incurred over the term of the Agreement, consistent with any
applicable laws, codes or ordinances, and with accepted professional engineering
practice. The process to amend this Agreement shall be conducted in a manner similar
to that leading to the execution of this Agreement.
X. TERMINATING THE MEMORANDUM OF AGREEMENT
This Agreement shall not be terminated except by the authorized respective
representatives of the City of Fayetteville, and the Board of Trustees of the University
of Arkansas.
XI. COUNTERPARTS AND SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be
considered one and the same document. The parties agree that copies of faxed or PDF
copies of the signature pages shall be deemed a valid and binding upon each of them.
XII. GOVERNING LAW
This Agreement shall be governed and construed under the laws of the State of
Arkansas without regard to its choice of law principles. By entering into this
Agreement, neither the City, nor the University, waive any immunities to suit that are
or may be available to it or its respective officials, trustees, representatives or
employees.
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Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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Date: 07/07/2026
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
ATTACHMENT 1
City of Fayetteville Ordinance
ATTACHMENT 1 COF ROW Legal Description
13 Pages
ATTACHMENT 2 City Council Memo 554a0814-ec2e-4eaa-8dfe-
054e8045c030
2 Pages
ATTACHMENT 3 Ordinance f638f531-efa7-4921-bca5-84f7aefb3b3c
2 Pages
ATTACHMENT 4 COF ROW Vacation - AREA OVERVIEW MAP
1 page
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ROW Vacation Description
#1
Part of the NE1/4 NW1/4 of Section 21, Township 16 North, Range 30 West, City of
Fayetteville, Arkansas, being more particularly described as follows:
Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 60°00'27" E, a
distance of 525.14 feet to the Easterly right of way line of Hill Avenue and the Point of
Beginning; Thence S 02°40'45" W along the Easterly right of way line of said Hill
Avenue, a distance of 36.68 feet; Thence S 82°20'08" W, a distance of 11.08 feet to a
point on the Easterly back of curb line of Hill Avenue; Thence N 02°52'05" E along the
said Easterly back of curb line, a distance of 36.70 feet; Thence N 82°20'08" E, a
distance of 10.96 feet to the Point of Beginning, containing 0.01 acres more or less.
#2
Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in
Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more
particularly described as follows:
Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 64°05'15" E, a
distance of 507.77 feet to a point on the Easterly right of way line of Hill Avenue and the
Point of Beginning; Thence S 82°20'08" W, a distance of 10.82 feet to a point on the
Easterly back of curb line of said Hill Avenue; Thence N 02°52'05" E along the said
Easterly back of curb line, a distance of 132.06 feet; Thence N 02°41'12" E along the
said Easterly back of curb line, a distance of 362.61 feet; Thence S 87°10'32" E, a
distance of 6.48 feet to the Easterly right of way line of said Hill Avenue; Thence along
the Easterly right of way line of said Hill Avenue the following three courses: S
02°32'37" W, a distance of 184.79 feet; S 01°43'05" W, a distance of 193.23 feet; S
02°40'45" W, a distance of 114.72 feet to the Point of Beginning, containing 0.09 acres
more or less.
#3
Part of the SE1/4 SW1/4 of Section 16, Township 16 North, Range 30 West, City of
Fayetteville, Arkansas, being more particularly described as follows:
Commencing at the NW corner of the NE1/4 NW1/4 of Section 21. Thence N 68°47'51"
E, a distance of 718.90 feet to a point of the Southerly right of way line of M.L.K. JR
Boulevard; Thence S 86°32'38" E, a distance of 277.65 feet to a point on the Southerly
right of way line of M.L.K. JR Boulevard; Thence along the Southerly right of way line of
M.L.K. JR Boulevard the following three courses: S 03°27'22" W, a distance of 10.00
EXHIBIT 'B'
VAC-2022-0024
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feet; N 86°32'38" W, a distance of 277.52 feet; N 02°42'49" E, a distance of 10.00 feet
to the Point of Beginning, containing 0.06 acres more or less.
#4
Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in
Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more
particularly described as follows:
Commencing at the NW corner of the said NE1/4 NW1/4; Thence N 77°59'30" E, a
distance of 1124.85 feet the intersection of the Southerly right of way line of M.L.K. JR
Boulevard and the Westerly right of way line of Government Avenue and the Point of
Beginning; Thence S 86°32'38" E, a distance of 8.00 feet to a point on the Westerly
back of curb line of said Government Avenue; Thence S 02°28'13" W along the said
Westerly back of curb line, a distance of 370.23 feet; Thence S 82°19'51" W, a distance
of 19.56 feet to the Westerly right of way line of said Government Avenue; Thence
along the Westerly right of way line of said Government Avenue the following three
courses: N 02°31'09" E, a distance of 208.36 feet; S 87°04'21" E, a distance of 11.07
feet; N 02°28'13" E, a distance of 165.53 feet to the Point of Beginning, containing 0.13
acres more or less.
#5
Part of the SE1/4 of Section 8 and part of the NE1/4 NE1/4 of Section 17 all in
Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas,
being more particularly described as follows:
Commencing at the SE corner of said Section 8; Thence N 02°53'25" E along the East
line of said Section 8, a distance of 1260.95 feet; Thence N 87°09'15" W, a distance of
117.56 feet to a point on the Southerly right of way line of Clevland Street and the Point
of Beginning; Thence along the Southerly right of way line of said Clevland Street the
following bearings and distances: N 87°09'15" W, a distance of 478.83 feet; N
02°50'45" E, a distance of 12.44 feet; N 87°09'15" W, a distance of 715.54 feet to a
point on the proposed Southerly back of curb line of said Clevland Street; Thence along
the Southerly back of curb line of said Clevland Street the following bearings and
distance: Northeasterly along a 29.50 feet radius curve to the right, thru a central angle
of 57°21’17", for a distance of 29.53 feet, said curve having a chord bearing of N
63°53’14" E, and distance of 28.31 feet; S 87°26'07" E, a distance of 805.77 feet to the
beginning of a circular curve to the right; Southeasterly along a 5.00 feet radius curve to
the right, thru a central angle of 90°00'00", for a distance of 7.85 feet, said curve having
a chord bearing of S 42°26'07" E, and distance of 7.07 feet; S 02°33'53" W, a distance
of 6.83 feet; S 87°26'07" E, a distance of 386.19 feet to the beginning of a circular curve
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to the right, said point being at the intersection of the Southerly back of curb line of said
Clevland Street and the Westerly back of curb line of Garland Avenue; Thence along
the Westerly back of curb line of said Garland Avenue the following bearings and
distances: Southeasterly along a 37.50 feet radius curve to the right, thru a central
angle of 89°49'41", for a distance of 58.79 feet, said curve having a chord bearing of S
42°31'16" E, and distance of 52.95 feet; Thence S 02°23'34" W, a distance of 736.30
feet; Thence S 03°10'11" W, a distance of 391.26 feet; Thence S 03°10'11" W, a
distance of 61.13 feet to the beginning of a circular curve to the right at the intersection
of the Westerly back of curb line of said Garland Avenue and the Northerly back of curb
line of West Maple Street; Thence along the Northerly back of curb line of said West
Maple Street the following bearings and distances: Southwesterly along a 39.50 feet
radius curve to the right, thru a central angle of 89°20'08", for a distance of 61.59 feet,
said curve having a chord bearing of S 47°50'15" W, and distance of 55.54 feet; N
87°29'41" W, a distance of 1184.55 feet to the beginning of a circular curve to the right
at the intersection of the Northerly back of curb line of said West Maple Street and the
Easterly back of curb line of Razorback Road; Thence along the Easterly back of curb
line of said Razorback road the following bearings and distances: Northwesterly along a
30.00 feet radius curve to the right, thru a central angle of 89°59'12", for a distance of
47.12 feet, said curve having a chord bearing of N 42°30'05" W, and distance of 42.42
feet; N 02°29'30" E, a distance of 20.32 feet; Thence leaving the Easterly back of curb
line of said Razorback Road and along the Northerly right of way line of said West
Maple Street the following bearings and distance: S 87°16'56" E, a distance of 36.71
feet; S 32°16'27" E, a distance of 12.21 feet; S 02°43'04" W, a distance of 15.00 feet; S
85°50'33" E, a distance of 196.14 feet; S 86°17'43" E, a distance of 367.01 feet; N
58°48'06" E, a distance of 43.32 feet; S 87°56'08" E, a distance of 61.00 feet; S
53°43'12" E, a distance of 30.23 feet; S 87°56'08" E, a distance of 15.00 feet; S
02°03'52" W, a distance of 10.00 feet; S 87°56'08" E, a distance of 128.00 feet; S
80°44'15" E, a distance of 27.21 feet; S 87°49'55" E, a distance of 27.57 feet; N
02°03'52" E, a distance of 10.46 feet; S 87°56'08" E, a distance of 141.43 feet; S
78°00'34" E, a distance of 29.74 feet; S 87°43'15" E, a distance of 93.43 feet to the
intersection of the Northerly right of way line of said West Maple Street and the Westerly
right of way line of said Garland Avenue; Thence along the Westerly right of way line of
said Garland Avenue the following bearings and distances: N 51°46'34" E, a distance of
53.54 feet; N 08°37'03" E, a distance of 7.95 feet; N 03°14'28" E, a distance of 238.68
feet; N 41°45'32" W, a distance of 6.15 feet; N 03°14'28" E, a distance of 77.00 feet; N
48°14'28" E, a distance of 6.15 feet; N 03°14'28" E, a distance of 136.61 feet; N
02°31'16" E, a distance of 701.38 feet; N 58°12'33" W, a distance of 51.84 feet to the
Point of Beginning, containing 1.67 Acres more or less.
#6
Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows:
11
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Commencing at the SW corner of said Section 9; Thence N 74°45'30" E, a distance of
95.94 feet to a point lying on the Northerly right of way line of West Maple Street and
the Point of Beginning; Thence S 03°06'30" W, a distance of 9.11 feet to the intersection
of the Northerly back of curb line of said West Maple Street and the Easterly back of
curb line of Garland Avenue; Thence along the Easterly back of curb line of said
Garland Avenue the following bearings and distances: N 86°53'30" W, a distance of
36.05 feet to the beginning of a circular curve to the right; Northwesterly along a 39.50
feet radius curve to the right, thru a central angle of 90°03'41", for a distance of 62.09
feet, said curve having a chord bearing of N 41°51'40" W, and distance of 55.89 feet; N
03°10'11" E, a distance of 65.85 feet; N 03°10'11" E, a distance of 381.32 feet; N
02°23'34" E, a distance of 10.44 feet; Northeasterly along a 19.50 feet radius curve to
the right, thru a central angle of 51°14'11", for a distance of 17.44 feet, said curve
having a chord bearing of N 28°00'40" E, and distance of 16.86 feet; Thence leaving the
Easterly back of curb line of said Garland Avenue and along the Easterly right of way
line of said Garland Avenue, S 02°53'25" W, a distance of 465.30 feet to the intersection
of the Easterly right of way line of said Garland Avenue and the Northerly right of way
line of aforesaid West Maple Street; Thence along the Northerly right of way line of said
West Maple Street the following bearings and distances: S 42°55'49" E, a distance of
43.49 feet; S 74°15'21" E, a distance of 35.89 feet to the Point of Beginning, containing
0.12 Acres more or less.
#7
Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville,
Washington County, Arkansas, being more particularly described as follows:
Commencing at the SW corner of said Section 9; Thence N 02°53'25" E along the West
line of said Section 9, a distance of 1297.88 feet; Thence S 87°06'35" E, a distance of
44.78 feet to the intersection of the Southerly right of way line of Clevland Street and the
Easterly right of way line of Garland Avenue and the Point of Beginning; Thence along
the Easterly right of way line of said Garland Avenue the following bearings and
distances: S 48°20'03" W, a distance of 27.69 feet; S 02°53'40" W, a distance of 707.66
feet to the Easterly back of curb line of said Garland Avenue; Thence along the Easterly
back of curb line of said Garland Avenue the following bearings and distances:
Northwesterly along a 19.50 feet radius curve to the right, thru a central angle of
52°26'46", for a distance of 17.85 feet, said curve having a chord bearing of N 23°49'49"
W, and distance of 17.23 feet; N 02°23'34" E, a distance of 250.85 feet; Thence leaving
the Easterly back of curb line of said Garland Avenue N 02°23'34" E, a distance of
209.31 feet to a point on the Easterly back of curb line of said Garland Avenue; Thence
N 02°23'34" E along the Easterly back of curb line of said Garland Avenue, a distance
of 229.09 feet to the intersection of the Easterly back of curb line of said Garland
Avenue and the Southerly back of curb line of aforesaid Clevland Street and the
beginning of a circular curve to the right; Thence along the Southerly right of way line of
said Clevland Street the following bearings and distances: Northeasterly along a 31.50
feet radius curve to the right, thru a central angle of 91°00'58", for a distance of 50.04
feet, said curve having a chord bearing of N 47°54'03" E, and distance of 44.94 feet; S
86°35'28" E, a distance of 276.96 feet; Thence leaving the Southerly back of curb line of
12
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
said Clevland Street, S 02°53'25" W, a distance of 6.72 feet to a point lying on the
Southerly right of way line of said Clevland Street; Thence N 87°07'28" W along the
Southerly right of way line of said Clevland Street, a distance of 275.22 feet to the Point
of Beginning, containing 0.24 Acres more or less.
#8
Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of said Section 17; Thence S 02°41'08" W along the East
line of said Section 17, a distance of 44.57 feet to a point lying on the Southerly right of
way line of West Maple Street and the Point of Beginning; Thence along the Southerly
right of way line of said West Maple Street the following bearings and distances: N
87°56'08" W, a distance of 529.41 feet; S 02°03'52" W, a distance of 10.00 feet; N
87°56'08" W, a distance of 45.09 feet; S 29°02'41" W, a distance of 50.50 feet; S
79°37'29" W, a distance of 17.72 feet to the Easterly back of curb line of Stadium Drive;
Thence N 02°37'28" E along the Easterly back of curb line of said Stadium Drive, a
distance of 49.69 feet to the beginning of a circular curve to the right at the intersection
of the Easterly back of curb line of said Stadium Drive and the Southerly back of curb
line of West maple Street; Thence along the Southerly back of curb line of said West
Maple Street the following bearings and distances: Northeasterly along a 30.00 feet
radius curve to the right, thru a central angle of 89°52'51", for a distance of 47.06 feet,
said curve having a chord bearing of N 47°33'53" E, and distance of 42.38 feet; S
87°29'41" E, a distance of 584.19 feet; S 02°41'08" W, a distance of 16.09 feet to the
Point of Beginning, containing 0.31 Acres more or less.
#9
Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NW of the said NE1/4 NE1/4; Thence S 02°43'18" W along the
West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a
distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback
Road and the Easterly back of curb line of said Razorback Road and the Point of
Beginning; Thence N 02°58'57" E along the Easterly back of curb line of said Razorback
Road, a distance of 160.23 feet to the beginning of a circular curve to the right at the
intersection of the Easterly back of curb line of said Razorback Road and the Southerly
back of curb line of West Maple Street; Thence Northeasterly along the Southerly back
of curb line of said West Maple Street along a 100.00 feet radius curve to the right, thru
a central angle of 89°31'22", for a distance of 156.25 feet, said curve having a chord
bearing of N 47°44'38" E, and distance of 140.83 feet; Thence S 87°29'41" E along the
Southerly back of curb line of said West Maple Street, a distance of 514.79 feet to the
13
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
beginning of a circular curve to the right at the intersection of the Southerly back of curb
line of said West Maple Street and the Westerly back of curb line of Stadium Drive;
Thence Southeasterly along the Westerly back of curb line of said Stadium Drive along
a 30.00 feet radius curve to the right, thru a central angle of 90°07'09", for a distance of
47.19 feet, said curve having a chord bearing of S 42°26'07" E, and distance of 42.47
feet; Thence S 02°37'28" W along the Westerly back of curb line of said Stadium Drive,
a distance of 57.35 feet to a point lying on the Southerly right of way line of said West
Maple Street; Thence along the Southerly right of way line of said West Maple Street
the following bearings and distances: S 79°37'29" W, a distance of 17.02 feet; N
43°37'28" W, a distance of 44.19 feet; N 43°37'28" W, a distance of 22.24 feet; N
54°03'02" W, a distance of 48.45 feet; N 85°43'19" W, a distance of 137.52 feet; N
71°49'55" W, a distance of 7.76 feet; N 86°45'54" W, a distance of 94.00 feet; S
03°14'11" W, a distance of 14.50 feet; N 86°45'49" W, a distance of 26.00 feet;
Thence N 03°14'11" E, a distance of 14.50 feet; N 86°45'50" W, a distance of 178.59
feet; S 54°43'02" W, a distance of 69.92 feet; S 36°42'58" W, a distance of 24.53 feet to
the intersection of the Southerly right of way line of said West Maple Street and the
Easterly right of way line of said Razorback Road; Thence S 02°43'04" W along the
Easterly right of way line of said Razorback Road, a distance of 168.40 feet; Thence S
57°28'29" W along the Easterly right of way line of said Razorback Road, a distance of
34.08 feet to the Point of Beginning, containing 0.43 Acres more or less.
#10
Part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02°43'27" W along
the West line of said NE1/4 SE1/4, a distance of 401.69 feet; Thence S 88°04'02" E, a
distance of 19.28 feet to a point lying on the Easterly right of way line of Razorback
Road and the Point of Beginning; Thence along the Easterly right of way line of said
Razorback Road the following bearings and distances: S 88°04'02" E, a distance of
26.98 feet; S 02°34'31" W, a distance of 474.04 feet; S 47°17'49" E, a distance of 35.62
feet; S 07°31'38" W, a distance of 17.21 feet to a point lying on the Northerly back of
curb line of Nolan Richardson Drive; Thence N 87°28'31" W along the Northerly back of
curb line of said Nolan Richardson Drive, a distance of 17.76 feet to the beginning of a
circular curve to the right at the intersection of the Northerly back of curb line of said
Nolan Richardson Drive and the Easterly back of curb line of said Razorback Road;
Thence along the Easterly back of curb line of said Razorback Road the following
bearings and distances: Northwesterly along a 29.00 feet radius curve to the right, thru
a central angle of 90°07'05", for a distance of 45.61 feet, said curve having a chord
bearing of N 42°24'59" W, and distance of 41.05 feet; N 02°38’34" E, a distance of
84.03 feet; N 02°30'46" E, a distance of 51.67 feet; N 00°20'35" E, a distance of 158.49
feet; N 02°30'46" E, a distance of 132.04 feet; N 02°54'25" E, a distance of 58.72 feet to
the Point of Beginning, containing 0.30 Acres more or less.
14
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
#11
Part of the NE1/4 SE1/4 and part of the SE1/4 SE1/4 of Section 17, Township 16 North,
Range 30 West, City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows:
Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02°43'27" W along
the West line of the said NE1/4 SE1/4, a distance of 990.51 feet; Thence S 87°16’33" E,
a distance of 41.41 feet to a point lying on the Easterly right of way line of Razorback
Road and the Point of Beginning; Thence along the Easterly right of way line of said
Razorback Road the following bearings and distances: S 02°37'57" W, a distance of
191.59 feet; S 02°37'57" W, a distance of 503.00 feet; S 32°48'03" E, a distance of
15.96 feet; S 02°37'57" W, a distance of 40.50 feet; N 87°22'03" W, a distance of 8.46
feet; S 02°32'57" W, a distance of 201.50 feet; S 02°46'05" W, a distance of 308.48 feet;
S 87°22'03" E, a distance of 9.23 feet; S 04°29'42" E, a distance of 54.63 feet; S
45°45'33" E, a distance of 15.96 feet; S 76°34'38" E, a distance of 36.68 feet; Thence S
88°32'28" W, a distance of 64.27 feet to the to the Easterly back of curb line of said
Razorback Road and the beginning of a circular curve to the right; Thence along the
Easterly back of curb line of said Razorback Road the following bearings and distances:
Northwesterly along a 40.00 feet radius curve to the right, thru a central angle of
51°46'46", for a distance of 36.15 feet, said curve having a chord bearing of N 23°14’49"
W, and distance of 34.93 feet; N 02°38'34" E, a distance of 245.78 feet; N 00°39'11" E,
a distance of 172.82 feet; N 02°38'34" E, a distance of 113.63; Thence leaving the
Easterly back of curb line of said Razorback Road N 02°38'34" E, a distance of 86.00
feet to the Easterly back of curb line of said Razorback Road; Thence N 02°38'34" E
along the Easterly back of curb line of said Razorback Road, a distance of 35.14 feet;
Thence leaving the Easterly back of curb line of said Razorback Road N 02°38'34" E, a
distance of 157.12 feet to a the Easterly back of curb line of said Razorback Road;
Thence along the Easterly back of curb line of said Razorback Road the following
bearings and distances: N 02°38'34" E, a distance of 215.84; N 04°46'38" E, a distance
of 161.08 feet; N 02°38'34" E, a distance of 125.51 feet to the beginning of a circular
curve to the right; Northeasterly along a 34.50 feet radius curve to the right, thru a
central angle of 89°52'55", for a distance of 54.12 feet, said curve having a chord
bearing of N 47°35'01" E, and distance of 48.74 feet; S 87°28'31" E, a distance of 4.65
feet; Thence S 02°31'29" W, a distance of 17.24 feet to a point lying on the Southerly
right of way line of Nolan Richardson Drive; Thence S 44°34'24" W along the Southerly
right of way line of said Nolan Richardson Drive, a distance of 36.39 feet to the Point of
Beginning, containing 0.64 Acres more or less.
#12
Part of the NW1/4 SE1/4 and part of the SW1/4 SE1/4 of Section 17, Township 16
North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more
particularly described as follows:
15
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Commencing at the NE corner of the said NW1/4 SE1/4; Thence S 02°43’27" W, a
distance of 954.57 feet; Thence N 87°21'26" W, a distance of 48.50 feet to a point lying
on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence
along the Westerly right of way line of said Razorback Road the following bearings and
distances: S 02°41'40" W, a distance of 885.85 feet; S 42°59'26" W, a distance of
26.15 feet; S 11°00'02" W, a distance of 60.47 feet; S 02°30'15" W, a distance of 30.08
feet; S 87°22'03" E, a distance of 31.00 feet; S 02°37'57" W, a distance of 240.00 feet;
S 07°12'24" W, a distance of 75.24 feet; S 00°52'46" E, a distance of 13.61 feet; S
15°10'00" W, a distance of 23.86 feet; S 59°11'49" W, a distance of 60.93 feet; Thence
N 88°32'28" E, a distance of 65.11 feet to the Westerly back of curb line of said
Razorback Road; Thence along the Westerly back of curb line of said Razorback Road
the following bearings and distances: Northeasterly along a 39.50 feet radius curve to
the left, thru a central angle of 43°02'25", for a distance of 29.67 feet, said curve having
a chord bearing of N 24°09'42" E, and distance of 28.98 feet; N 02°38'34" E, a distance
of 256.33 feet; N 04°37'56" E, a distance of 172.82 feet; N 02°38'34" E, a distance of
607.73 feet; N 00°30'29" E, a distance of 161.08 feet; N 02°38'34" E, a distance of
126.25 feet; Northwesterly along a 33.50 feet radius curve to the left, thru a central
angle of 49°41'15", for a distance of 29.05 feet, said curve having a chord bearing of N
22°12'04" W, and distance of 28.15 feet; Thence N 87°28'31" W, a distance of 7.18 feet
to the Point of Beginning, containing 0.76 Acres more or less.
#13
Part of the NW1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02°43'27" W along
the East line of the said NW1/4 NE1/4, a distance of 43.47 feet; Thence N 87°16'33" W,
a distance of 30.92 feet to a point lying on the Westerly right of way line of Razorback
Road and the Point of Beginning; Thence along the Westerly right of way line of said
Razorback Road the following bearings and distances: S 02°05'15" W, a distance of
192.55 feet; S 02°56'28" W, a distance of 171.14 feet; S 02°56'28" W, a distance of
52.91 feet; N 87°22'08" W, a distance of 17.55 feet; S 02°37'57" W, a distance of 70.15
feet; Thence S 16°40'05" W, a distance of 28.86 feet; S 02°37'57" W, a distance of
82.00 feet; S 30°42'28" W, a distance of 17.53 feet; S 03°25'24" W, a distance of 50.00
feet; S 45°00'08" E, a distance of 21.57 feet; S 03°06'51" W, a distance of 163.01 feet;
S 09°06'16" W, a distance of 24.47 feet; Thence S 87°28'31" E, a distance of 8.84 feet
to the Westerly back of curb line of said Razorback Road and the beginning of a circular
curve to the left; Thence along the Westerly back of curb line of said Razorback Road
the following bearings and distances: Northeasterly along a 29.50 feet radius curve to
the left, thru a central angle of 46°40'08", for a distance of 24.03 feet, said curve having
a chord bearing of N 25°58'38" E, and distance of 23.37 feet; N 02°38'34" E, a distance
of 83.71 feet; N 02°30'46" E, a distance of 51.61 feet; N 04°40'57" E, a distance of
158.48 feet; N 02°30'46" E, a distance of 132.20 feet; N 02°54'25" E, a distance of
380.29 feet; N 00°22'40" W, a distance of 25.69 feet to a circular curve to the left;
Northwesterly along a 27.50 feet radius curve to the left, thru a central angle of
16
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
23°19'03", for a distance of 11.19 feet, said curve having a chord bearing of N 12°02'11"
W, and distance of 11.11 feet to the Point of Beginning, containing 0.23 Acres more or
less.
#14
Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02°35'17" W along
the East line of the said SW1/4 NE1/4, a distance of 545.93 feet; Thence N 86°40’08"
W, a distance of 42.18 feet to the Westerly right of way line of Razorback Road and the
Point of Beginning; Thence along the Westerly right of way line of said Razorback Road
the following bearings and distances: S 02°52'01" W, a distance of 302.22 feet; S
86°38'50" E, a distance of 3.21 feet; S 02°32'00" W, a distance of 179.59 feet to a point
on the Westerly back of curb line of said Razorback Road and the beginning of a
circular curve to the left; Thence along the Westerly back of curb line of said Razorback
Road the following bearings and distances: Northeasterly along a 30.00 feet radius
curve to the left, thru a central angle of 27°36'29", for a distance of 14.46 feet, said
curve having a chord bearing of N 16°31'19" E, and distance of 14.32 feet; N 02°43'04"
E, a distance of 9.68 feet; Thence leaving said Westerly back of curb line of said
Razorback Road and along the proposed Westerly back of curb line of said Razorback
Road the following bearings and distances: N 02°43'04" E, a distance of 85.06 feet; N
04°37’24" E, a distance of 214.63 feet; N 03°01’17" E, a distance of 140.19 feet to the
beginning of a circular curve to the left on the Westerly back of curb line of said
Razorback Road; Thence Northwesterly along the Westerly back of curb line of said
Razorback Road along a 29.50 feet radius curve to the left, thru a central angle of
38°31’42", for a distance of 19.84 feet, said curve having a chord bearing of N 16°14’34"
W, and distance of 19.47 feet; Thence N 86°40'08" W, a distance of 7.97 feet to the
Point of Beginning, containing 0.11 Acres more or less.
#15
Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02°35'17" W along
the West line of the said SW1/4 NE1/4, a distance of 31.42 feet; Thence N 87°24'43" W,
a distance of 35.00 feet to a point lying on the Westerly right of way lien of Razorback
Road and the Point of Beginning; Thence S 03°03'28" W along the Westerly right of way
line of said Razorback Road, a distance of 469.02 feet; Thence S 86°40'08" E, a
distance of 18.37 feet to the Westerly back of curb line of said Razorback Road and the
beginning of a circular curve to the left; Thence along the Westerly back of curb line of
said Razorback Road the following bearings and distances: Northeasterly along a 23.50
feet radius curve to the left, thru a central angle of 34°00’59", for a distance of 13.95
17
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
feet, said curve having a chord bearing of N 19°54’33" E, and distance of 13.75 feet; N
02°54'03" E, a distance of 417.63 feet; Thence N 02°40'22" E, a distance of 6.09 feet to
the beginning of a circular curve to the left; Northwesterly along a 35.50 feet radius
curve to the left, thru a central angle of 65°48'22", for a distance of 40.77 feet, said
curve having a chord bearing of N 30°13'49" W, and distance of 38.57 feet to the Point
of Beginning, containing 0.23 Acres more or less.
#16
Part of the NW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02°43'18" W along
the West line of the said NW1/4 NE1/4, a distance of 35.57 feet; Thence N 87°15'25" W,
a distance of 98.42 feet to a point lying on the Westerly right of way line of Razorback
Road and the Point of Beginning; Thence along the Westerly right of way line of
Razorback Road the following bearings and distances: S 02°43'04" W, a distance of
16.99 feet; S 87°16'56" E, a distance of 23.00 feet; S 48°06'31" E, a distance of 34.83
feet; S 02°59'34" E, a distance of 40.20 feet; S 02°43'04" W, a distance of 83.09 feet; S
32°43'04" W, a distance of 22.48 feet; S 55°46'02" E, a distance of 8.49 feet; S
02°43'04" W, a distance of 58.00 feet; N 87°16'56" W, a distance of 15.00 feet; S
02°43'04" W, a distance of 20.00 feet; S 22°17'57" E, a distance of 33.11 feet; S
08°25'42" W, a distance of 60.30 feet; S 02°43'04" W, a distance of 164.00 feet; S
62°53'17" W, a distance of 23.05 feet; S 02°43'04" W, a distance of 26.97 feet; N
87°16'56" W, a distance of 49.00 feet; S 02°43'04" W, a distance of 20.56 feet; S
87°16'56" E, a distance of 64.00 feet; S 02°43'04" W, a distance of 52.51 feet; S
87°08’22" E, a distance of 26.12 feet; S 02°46'31" W, a distance of 668.51 feet; Thence
S 87°12'53" E, a distance of 3.08 feet to the Westerly back of curb line of Razorback
Road and the beginning of a circular curve to the left; Thence along the Westerly back
of curb line of said Razorback Road the following bearings and distances: Northeasterly
along a 32.50 feet radius curve to the left, thru a central angle of 63°06'05", for a
distance of 35.79 feet, said curve having a chord bearing of N 34°13'24" E, and distance
of 34.01 feet; N 02°40'22" E, a distance of 507.98 feet; N 02°58'57" E, a distance of
647.83 feet; N 02°58'57" E, a distance of 88.90 feet to the beginning of a circular curve
to the left; Northwesterly along a 30.00 feet radius curve to the left, thru a central angle
of 90°09'00", for a distance of 47.20 feet, said curve having a chord bearing of N
42°05'33" W, and distance of 42.48 feet; N 87°10'03" W, a distance of 57.37 feet;
Thence S 02°43'04" W, a distance of 5.88 feet to the Point of Beginning, containing 0.97
Acres more or less.
#17
Part of the NW/4 NE1/4 of Section 17 and part of the SW1/4 SE1/4 of Section 8, all in
Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas,
being more particularly described as follows:
18
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Beginning at a point that lies N 80°19'52" W, a distance of 83.78 feet from the SE corner
of the SW1/4 SE1/4 of said Section, said point lying on the Northerly right of way line of
West Maple Street and the Point of Beginning; Thence N 63°02'21" E along the
Northerly right of way line of said West Maple Street, a distance of 57.24 feet; Thence S
87°16'56" E along the Northerly right of way line of said West Maple Street, a distance
of 17.73 feet to the Westerly back of curb line of Razorback Road; Thence S 02°48'54"
W along the Westerly back of curb line of said Razorback Road, a distance of 13.28 feet
to the beginning of a circular curve to the right; Thence Southwesterly along the
Northerly back of curb line of said West Maple Street along a 30.00 feet radius curve to
the right, thru a central angle of 90°01'03", for a distance of 47.13 feet, said curve
having a chord bearing of S 47°49'25" W, and distance of 42.43 feet; Thence N
87°10'03" W along the Northerly right of way line of said West Maple Street, a distance
of 37.41 feet; Thence N 02°49'57" E, a distance of 14.81 feet to the Point of Beginning,
containing 0.05 Acres more or less.
#18
Part of the SE1/4 SE1/4 of Section 8, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
Commencing at the SW corner of said SE1/4 SE1/4; Thence N 29°38'05" E, a distance
of 51.01 feet to a point lying on the Easterly right of way line of Razorback Road and the
Point of Beginning; Thence N 02°19'02" E along the Easterly right of way of said
Razorback Road, a distance of 1214.34 feet to the intersection of the Easterly right of
way of said Razorback Road and the Southerly right of way line of Cleveland Street;
Thence N 87°09'15" W along the Southerly right of way line of said Cleveland Street, a
distance of 5.66 feet to the Easterly proposed back of curb line of Razorback Road;
Thence along the Easterly proposed back of curb line of said Razorback Road the
following bearings and distances: Southwesterly along a 29.53 feet radius curve to the
left, thru a central angle of 31°36'29", for a distance of 16.29 feet, said curve having a
chord bearing of S 19°23'53" W, and distance of 16.08 feet; S 02°52'26" W, a distance
of 171.46 feet; S 05°36'04" E, a distance of 51.06 feet to the Easterly back of curb line
of said Razorback Road; Thence along the Easterly back of curb line of said Razorback
Road the following bearings and distances: S 02°23'22" W, a distance of 497.62 feet; S
02°37'37" W, a distance of 479.33 feet; Thence S 87°16'56" E, a distance of 8.23 feet to
the Point of Beginning, containing 0.19 Acres more or less.
ROW Dedication Description
Part of the NE/4 NE1/4 and part of the SE1/4 NE1/4, and part of the SW1/4 NE1/4 and
part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of
Fayetteville, Washington County, Arkansas, being more particularly described as
follows:
19
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Commencing at the NW of the said NE1/4 NE1/4; Thence S 02°43'18" W along the
West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a
distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback
Road and the Easterly back of curb line of said Razorback Road and the Point of
Beginning; Thence along the Easterly back of curb line of said Razorback Road the
following bearings and distances: S 02°58'57" W, a distance of 487.50 feet; S 02°40'22"
W, a distance of 608.01 feet; S 02°54'03" W, a distance of 436.29 feet; S 03°01'17" W,
a distance of 198.13 feet; S 01°25'06" W, a distance of 214.48 feet; S 02°43'04" W, a
distance of 95.61; Thence Southeasterly along the Northerly back of curb line of
Meadow Street along a 30.00 feet radius curve to the left, thru a central angle of
89°30'25", for a distance of 46.87 feet, said curve having a chord bearing of S 42°02'08"
E, and distance of 42.24 feet; Thence S 01°46'07" W, a distance of 31.18 feet to the
Southerly back of curb line of said Meadow Street and the beginning of a circular curb
to the left; Thence along the Easterly back of curb line of said Razorback Road the
following bearings and distances: Southwesterly along a 30.00 feet radius curve to the
left, thru a central angle of 90°29'35", for a distance of 47.38 feet, said curve having a
chord bearing of S 47°57'52" W, and distance of 42.61 feet; S 02°43'04" W, a distance
of 88.40 feet; S 03°03'35" W, a distance of 200.01 feet; S 02°54'25" W, a distance of
322.05 feet; Thence N 88°04'02" W, a distance of 17.94 feet; Thence N 02°32'00" E, a
distance of 401.68 feet to the SW corner of the aforesaid SE1/4 NE1/4; Thence N
02°35'17" E along the West line of the said SE1/4 NE1/4, a distance of 124.57 feet;
Thence N 86°38'48" W, a distance of 37.23 feet to the Westerly back of curb line of said
Razorback Road; Thence N 02°43'04" E along the Westerly back of curb line of said
Razorback Road, a distance of 85.06 feet; Thence Northwesterly along the Westerly
back of curb line of said Razorback Road along a 30.00 feet radius curve to the left, thru
a central angle of 26°45'00", for a distance of 14.01 feet, said curve having a chord
bearing of N 10°39'26" W, and distance of 13.88 feet; Thence N 02°32'00" E, a distance
of 34.66 feet; Thence S 86°40'45" E, a distance of 40.25 feet to the West line of the said
SE1/4 NE1/4; Thence N 02°35'17" E along the West line of the said SE1/4 NE1/4, a
distance of 1056.85 feet to the SW corner of the NE1/4 NE1/4; Thence N 02°43'18" E
along the West line of the said NE1/4 NE1/4, a distance of 769.53 feet; Thence S
87°08'22" E, a distance of 5.84 feet; Thence N 02°46'31" E, a distance of 243.50 feet to
a point lying on the Easterly right of way line of said Razorback Road; Thence N
57°28'29" E along the Easterly right of way line of said Razorback Road, a distance of
21.67 feet to the Point of Beginning, containing 1.43 Acres more or less.
20
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2022-262
MEETING OF JANUARY 3, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE: December 15, 2022
SUBJECT: VAC 22-024 (RAZORBACK RD, MAPLE ST., ETC.):
RECOMMENDATION:
BACKGROUND:
The subject property includes 6.54 acres of right-of-way spread along portions of seven public streets adjacent
to University of Arkansas Property (see attached survey). Most prominently, the right-of-way includes:
• Arts District: Three separate areas of right-of-way behind street curbs on the north, west, and east borders
of the new Arts District, along W. Martin Luther King Jr. Boulevard, S. Hill Avenue, and S. LT. Col. Leroy Pond
Avenue.
• Former Highway 112: Multiple areas of right-of-way behind the curb along both the east and west sides of
Razorback Road, north and south sides of W. Maple Street, and east and west sides of Garland Avenue.
• Cleveland Street: Two areas of right-of-way along the south side of W. Cleveland Street, between N. Lindell
Avenue to the east and N. Razorback Road to the west.
Given the large number of properties associated with the right-of-way, adjacent zoning district information is
not provided. All properties adjacent to the request are owned by the University of Arkansas with uses varying
from parking and athletic facilities to housing and classrooms. A similar proposal was heard by the Planning
Commission in late 2021, but was tabled indefinitely at the applicant’s request to allow time to coordinate with
the City Attorney’s office. The applicant is bringing back a new request, with an additional portion of right-of-
way for consideration.
Proposal: The applicant proposes to vacate 18 separate pieces of public right of way totaling 6.54 acres along
seven streets. In turn, a dedication of right-of-way totaling 1.43 acres is proposed along Razorback Road and
between W. Nolan Richardson Drive to the south and W. Maple Street to the north. With this request, the
applicant noted in their letter that existing utilities will be protected through easement dedication. Additionally,
the applicant asserts that vacating the right-of-way will remove current and future sections of Senior Walk,
landscaping, lights, and trees from the City’s responsibility.
DISCUSSION:
At the December 12, 2022 Planning Commission meeting, Commissioners voted to forward the item to City
Council with a recommendation of approval, with a vote of 8-0-0. Commissioner Garlock made the motion, and
21
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Commissioner Winston seconded. Finding that the conditions of approval covered previous concerns about
pedestrian access and maintenance, Commissioners found the request to vacate the right-of-way to be
acceptable. No public comment was offered on the item.
City staff and Planning Commission recommend approval of VAC-2022-0024 as shown in the attached
Exhibits 'A' and 'B', and with the following conditions of approval:
1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request,
with review and coordination by the applicant with the utility provider, including the client properly identifying
utilities in the field by means of surveying, pot holing, and coordinating with representatives.
2. Adequate accommodation for pedestrian access must be maintained whether through easement or
agreement.
3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not
currently exist
4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master
street plan right of way in areas where sidewalk does not currently exist.
5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the
areas where poles and appurtenances are located.
6. Drainage easements must be dedicated in areas of existing drainage facilities.
7. An agreement will need to be developed establishing responsibility (or lack thereof) for repairs to non-
typical features behind the curb due to maintenance, installation, and repair of any city facilities located within
vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for
maintenance or repair of anything except a standard sidewalk.
8. Any damage or relocation of existing facilities will be at the property owner/developer’s expense.
9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and
signed by the Mayor.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Applicant Request Letter, Petition to vacate, Survey, Planning
Commission Staff Report, VAC - 22-024 RAZORBACK-MAPLE-GARLAND-CLEVELAND-HILL -RIGHT OF
WAY
22
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6640
File Number: 2022-262
VAC 22-024 (RAZORBACK RD, MAPLE ST., ETC.):
AN ORDINANCE TO APPROVE VAC 22-024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD,
MAPLE STREET, GARLAND AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING
JUNIOR BOULEVARD AND LT. COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE
PORTIONS OF STREET RIGHTS-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 portions of street rights-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 portions of street rights-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. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with
review and coordination by the applicant with the utility provider, including properly identifying utilities in the
field by means of surveying, pot holing, and coordinating with representatives.
2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement.
3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not
currently exist.
4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan
right of way in areas where sidewalk does not currently exist.
5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas
where poles and appurtenances are located.
6. Drainage easements must be dedicated in areas of existing drainage facilities.
7. An agreement will need to be developed establishing responsibility for repairs to non-typical features behind
23
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Ordinance: 6640
File Number: 2022-262
Page 2
the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way,
including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair
of anything except a standard sidewalk.
8. Any damage to or relocation of existing facilities will be at the property owner/developer’s expense.
9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed
by the Mayor.
PASSED and APPROVED on February 7, 2023
Approved:
_______________________________
Lioneld Jordan, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
24
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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EXHIBIT 'A' | VAC-2022-0024
25
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
ϭϭϯϭϯ
LIST OF EXHIBITS
The attached maps and legal descriptions identify the boundary areas for which the
University and the City agree are subject to this MOA. This list may be changed or amended
by mutual agreement of the parties to maintain the accuracy of the agreement.
1) SOUTH RAZORBACK ROAD
a) RAZORBACK ROAD - Martin Luther King Blvd to Maple Street
2) MAPLE HILL BLOCK
a) RAZORBACK ROAD - Maple Street to Cleveland Ave
b) CLEVELAND AVE - Razorback Road to Lindell Ave
c) MAPLE STREET - Razorback Road to Garland Ave
d) GARLAND AVE - Maple Street to Cleveland Ave
3) ART AND DESIGN DISTRICT
a) MARTIN LUTHER KING, JR. BLVD –Hill Ave to LeRoy Pond Dr
b) HILL AVE –Martin Luther King Jr. Blvd to South Property Boundary
c) LEROY POND DR. –Martin Luther King Jr. Blvd to South Property
Boundary
The University and the City anticipate that this list will be amended in the future to add the
following:
x UREC TENNIS PARK / BAUM STADIUM
a) RAZORBACK ROAD- Martin Luther King Blvd to 15th Street
x NORTH GARLAND AVE
a) GARLAND AVE - Cleveland Ave to North Street / Wedington Dr
26
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
EXHIBIT 1
SOUTH RAZORBACK ROAD
RAZORBACK ROAD - Martin Luther King Blvd to Maple Street
27
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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PROPOSED CURB LINE
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BUS PULL OFF AREA
INCLUDED IN ROW
VACATION AREA
ROW VACATION #10
ROW VACATION #10
P.O.B.
ROW VACATION #11
P.O.B.
ROW VACATION #11
ROW VACATION #12
P.O.B.
ROW VACATION #12
ROW VACATION #13
P.O.B.
ROW VACATION #13
ROW VACATION #14
P.O.B.
ROW VACATION #14
MATCH LINE MATCH LINE
ROW Vacation Area
ROW Dedication Area
Upon approval and acceptance of the ROW Vacation and Dedication areas shown hereon, the ROW limits will be:
From back of curb to back of curb for the following areas:
x Razorback Road from MLK JR BLVD to Maple Street
-Note: East side of Razorback Rd ROW Vacation area also includes the buss pull off area north of Mitchell St
-Note: West side of Razorback Rd, South of Hotz Dr and north of ADSB adjusted ROW is shown hereon to be
along the proposed back of curb.
-Note: The ROW along the west side of Razorback Rd, along the Islamic Center of Northwest Arkansas, north
of Center St is not a part of this and is to remain unchanged.
x North and South sides of Maple St from Razorback Rd to Garland Avenue.
x East and west sides of Garland Avenue from Maple St to Clevland St.
-Note: East side of Maple St ROW Vacation area also includes the Bus pull off area between Douglas St &
Clevland St.
Along the North edge of the sidewalk for the following area:
x South side of Clevland St from Garland Avenue to Razorback Rd.
28
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
ϭϭϯϭϯ
EXHIBIT 2
MAPLE HILL BLOCK
RAZORBACK ROAD - Maple Street to Cleveland Ave
CLEVELAND AVE - Razorback Road to Lindell Ave
MAPLE STREET - Razorback Road to Garland Ave
GARLAND AVE - Maple Street to Cleveland Ave
29
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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SOUTHWEST CORNER
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CONCRETE WALK
W DOUGLAS ST
BUS PULL OFF AREA
INCLUDED IN ROW
VACATION AREA
ROW VACATION #5
ROW VACATION #5
P.O.B.
ROW VACATION #5
ROW VACATION #6
ROW VACATION #6
P.O.B.
ROW VACATION #7
P.O.B.
ROW VACATION #7
ROW VACATION #8
P.O.B.ROW VACATION #8
ROW VACATION #9
P.O.B.
ROW VACATION #9
ROW VACATION #14
P.O.B.
ROW VACATION #15
P.O.B.
ROW VACATION #15
ROW VACATION #16
P.O.B.
ROW VACATION #16
ROW VACATION #17
P.O.B.
ROW VACATION #17
ROW DEDICATION
P.O.B.
ROW DEDICATION
WW
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ROW VACATION #18
P.O.B.
MATCH LINE MATCH LINE
ROW Vacation Area
ROW Dedication Area
Upon approval and acceptance of the ROW Vacation and Dedication areas shown hereon, the ROW limits will be:
From back of curb to back of curb for the following areas:
x Razorback Road from MLK JR BLVD to Maple Street
-Note: East side of Razorback Rd ROW Vacation area also includes the buss pull off area north of Mitchell St
-Note: West side of Razorback Rd, South of Hotz Dr and north of ADSB adjusted ROW is shown hereon to be
along the proposed back of curb.
-Note: The ROW along the west side of Razorback Rd, along the Islamic Center of Northwest Arkansas, north
of Center St is not a part of this and is to remain unchanged.
x North and South sides of Maple St from Razorback Rd to Garland Avenue.x East and west sides of Garland Avenue from Maple St to Clevland St.
-Note: East side of Maple St ROW Vacation area also includes the Bus pull off area between Douglas St &
Clevland St.
Along the North edge of the sidewalk for the following area:
x South side of Clevland St from Garland Avenue to Razorback Rd.
30
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
EXHIBIT 3
ART AND DESIGN DISTRICT
MARTIN LUTHER KING, JR. BLVD – Hill Ave to LeRoy Pond Dr
HILL AVE – Martin Luther King Jr. Blvd to South Property Boundary
LEROY POND DR. – Martin Luther King Jr. Blvd to South Property Boundary
31
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
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PLAT 23-208
20' UTILITY EASEMENT
DOC. NO. 2005-12402
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32
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
GooKind. ODINANCE RgI
pecorded: 02/
1]/2023 at 10:30:20 An Fee Pmi: $85.00 Page 1 of 15 Maehlnatoo court, All Kyle SVIvesTerClrcuItclerkFI le - 2023-00003981 113 West Mountain Street Fayetteville, AR
72701 ARCHIVED 479) 575-8323 Ordinance: 6640
File Number:
2022-262 VAC 22-
024 (RAZORBACK RD, MAPLE ST., ETC.) AN ORDINANCE
TO APPROVE VAC 22-024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD, MAPLE STREET,
GARLAND AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING JUNIOR BOULEVARD
AND LT. COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE PORTIONS OF
STREET RIGHTS -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 portions of street rights -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 portions of street rights -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 vacatidn approval is subject to the following conditions 1. Easements
shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and
coordination by the applicant with the utility provider, including properly identifying utilities in the field by
means of surveying, pot holing, and coordinating with representatives. 2. Adequate
accommodation for pedestrian access must be maintained whether through easement or agreement. 3. The
applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist.
4. The
applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of
way in areas where sidewalk does not currently exist. 5. Signal
poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles
and appurtenances are located. 6. Drainage
easements must be dedicated in areas of existing drainage facilities. 7. An
agreement will need to be developed establishing responsibility for repairs to non -typical features behind Page 1
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E
Ordinance: 6640
File Number: 2022-262
the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way,
including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair
of anything except a standard sidewalk.
8. Any damage to or relocation of existing facilities will be at the property owner/developer's expense.
9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed
by the Mayor.
PASSED and APPROVED on February 7, 2023
Page 2
Attest:
C 1 T r G.
Kara Paxton, City CE rk Treasur r ; 4k • :
j/ •cn
Ir
Docusign Envelope ID: 4175B64C-BF90-82CD-83E6-AB17E6123A1E