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Home My WebLink AboutOrdinance 6338i .—�, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIII Doc ID: 019351630005 Type: REL Kind: ORDINANCE yP Recorded: 08/03/2020 at 01:27:30 PM +` Fee Amt: $35.00 Page i of 5 Washington County, AR Kyle Sylvester Circuit Clerk File 2020-00026461 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6338 File Number: 2020-0535 VAC 20-7095 (900 N. LEVERETT AVE./LEVERETT AVE. APTS): AN ORDINANCE TO APPROVE VAC 20-7095 FOR PROPERTY LOCATED AT 900 NORTH LEVERETT AVENUE TO VACATE PORTIONS OF TWO WATER/SEWER EASEMENTS WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of water/sewer are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of the water/sewer easements as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation shall not be effective until the proposed re-routed 8 inch sewer main is installed and approved. PASSED and APPROVED on 7/21/2020 Page 1 Printed on 7122120 Ordinance 6338 File Number 2020-0535 Approved:'- , /ill / Attest: `‘ 1e ;"..C.j'.‘'. ‘•C‘��RK%rTRF�ii •?�: A.. .;L. .rd i.i/ w-� G� axt 4 = : FAYETTEV •:�= ILLE . • 'meld Jorda t Kara Paxton, City Clerk Treasur$r4..,9 1 i1,40N C�````$ —iiIiiiikkPage 2 Printed on 7/22/20 VAC20-7095 LEVERETT APTS. Close Up View H07C11—c►r— NORTH ST > V_�Jlx Q W W W ;HES-ST J BERRYST EAGL•E•ST— k-0 Subject Property RMF-40 Legend Planning Area _ _ " Feet t Fayetteville City Limits Y Y Shared Use Paved Trail 0 75 150 300 450 Building Footprint 1 inch = 200 feet EXHIBIT 'A' 20-7095 W ir O 2 9 - U J J t ( O IL�I1-Zl ADAMS ST Q O C� rn OC LL A& NORTH RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 ■ C-2 Community Services 600 W Neighborhood Conservation Commercal, Industrial, Residential EXHIBIT 'B' 20-7095 PARCEL #765-06437-000: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS S02°45'24"W 664.22' AND S87031'06"E 20.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N0202913"E 163.85' TO AN EXISTING REBAR, THENCE S87009'53"E 399.86' TO AN EXISTING COTTON SPINDLE, THENCE N15°41'37" W 231.99', THENCE N14039'37" W 251.04' TO AN EXISTING REBAR, THENCE S86059'27"E 34.85', THENCE S 11056'03"E 166.55' TO AN EXISTING REBAR, THENCE S87° 17'03"E 188.91' TO AN EXISTING REBAR ON THE WEST BANK OF SKULL CREEK, THENCE ALONG SAID WEST BANK THE FOLLOWING: S 13°07' 19"E 29.95', S 14°07'38"E 87.45', S 19043'09"E 81.50', S 12°43'55"E 177.42' TO AN EXISTING REBAR, S06025'56"E 105.64' TO AN EXISTING REBAR, THENCE S06025'56"E 104.30', THENCE S07015'24"E 105.92' TO AN EXISTING REBAR, THENCE LEAVING SAID WEST BANK S8605945"W 155.93', THENCE S02°49'49"E 237.97, THENCE N87029' 11 "W 233.01', THENCE NO2°47' 19"E 114.90', THENCE N87029' 11 "W 193.00', THENCE N02047'19"E 118.69, THENCE S8702644"E 36.06', THENCE N0204711911E 230.00, TO AN EXISTING REBAR, THENCE N87031'06"W 158.52' TO THE POINT OF BEGINNING, CONTAINING 8.26 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST NORTH STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE, SUBJECT TO THAT PORTION IN NORTH LEVERETT AVENUE MASTER STREET PLAN RIGHT-OF- WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PORTION OF 20' AND 16' SEWER EASEMENT TO BE VACATED DESCRIPTION: A PORTION OF AN EXISTING 29 AND 16' SEWER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE WEST LINE THEREOF S02045'24"W 664.22', THENCE LEAVING SAID WEST LINE S87031'06"E 20.00' TO AN EXISTING REBAR, THENCE NO2°20' 13"E 163.85' TO AN EXISTING REBAR, THENCE S87°09'53"E 399.86TO AN EXISTING COTTON SPINDLE, THENCE N89046'15"E 62.21' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N02015'27"W 66.89', THENCE N01 °29' 16"W 229.17', THENCE S87017'03"E 21.06', THENCE S01 029' 16"E 227.49', THENCE S02015'27"E 62.77', THENCE S77001'47"W 21.37' TO THE POINT OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS. Washington County. AR I certify this insrument was filed on 08/()3/2020 01t�27i'30 PM Real Estate and recorded in V, File Number 2020 -00026461 Kyle Sylvester - Circuit Clerk by -� City of Fayetteville, Arkansas 113 West Mountain Street i Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0535 Agenda Date: 7/21/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 11 VAC 20-7095 (900 N. LEVERETT AVE./LEVERETT AVE. APTS): AN ORDINANCE TO APPROVE VAC 20-7095 FOR PROPERTY LOCATED AT 900 NORTH LEVERETT AVENUE TO VACATE PORTIONS OF TWO WATER/SEWER EASEMENTS 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 water/sewer are 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 the water/sewer easements 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 shall not be effective until the proposed re-routed 8 inch sewer main is installed and approved. City of Fayetteville, Arkansas Page 1 Printed on 712212020 City of Fayetteville Staff Review Form 2020-0535 Legistar File ID 7/21/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 7/2/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC 20-7095: Vacation (900 N. LEVERETT AVE./LEVERETT AVE. APTS., 444): Submitted by BATES & ASSOCIATES, INC. for property located at 900 N. LEVERETT AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.14 acres. The request is to vacate a portion of a sewer easement. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Harry Davis, Current Planner DATE: July 2, 2020 CITY COUNCIL MEMO SUBJECT: VAC 20-7095: Vacation (900 N. LEVERETT AVE./LEVERETT AVE. APTS., 444): Submitted by BATES & ASSOCIATES, INC. for property located at 900 N. LEVERETT AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.14 acres. The request is to vacate a portion of a sewer easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 20-7095 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. The proposed re-routed 8-inch main must be installed and approved prior to the vacation of this easement. BACKGROUND: The subject property is at 900 North Leverett Avenue and includes approximately 8.28 acres between North Street, Leverett Avenue, and Bell Avenue. The property is currently developed with several multi -family buildings and has part of the Razorback Greenway along the eastern boundary. The applicant proposes to vacate a portion of an existing water and sewer easement that runs north -south through much of the subject property (see Exhibit 'A'). The area to be vacated in the northern part of the property totals approximately 0.14 acres and is necessary to facilitate infill development associated with an approved large scale development (LSD 20-7065). DISCUSSION: At the June 22, 2020 Planning Commission meeting, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval, with the conditions as recommended by staff. The request was tabled at the June 8, 2020 Planning Commission meeting to allow staff time to evaluate impacts on existing public mains. The Engineering and Utilities Department now support the requested vacation of this water/sewer easement. The sewer model provided by RJN does not show significant impacts to the 15- and 18-inch mains with the proposed re-route of the existing 8-inch main. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report VAC2O-7095 Close Up View — HAZEL- S T— LEVERETT APTS. EXHIBIT W 20-7095 c 1 p rn & Lu 0 z , d NORTH STJI; \ i w � a> w ir w w ST——J k-t1 EAGL• E•ST Subject Property Legend Planning Area 1 _ _ _ ' Fayetteville City Limits Feet Y Y Shared Use Paved Trail 0 75 150 300 450 Building Footprint 1 inch = 200 feet R,NIF-24 � JADAMS ST Ll LL RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-1 IM C-2 Community Services 600 M Neighborhood Conservation M Commercial, Industrial, Residential EXHIBIT 'B' 20-7095 PARCEL #765-06437-000: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS S02°45'24"W 664.22' AND S87031'06"E 20.00' FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N0202913"E 163.85' TO AN EXISTING REBAR, THENCE S87009'53"E 399.86TO AN EXISTING COTTON SPINDLE, THENCE N15°41'37" W 231.99', THENCE N14039'37" W 251.04' TO AN EXISTING REBAR, THENCE S86059'27"E 34.85', THENCE S 11 056'03"E 166.55' TO AN EXISTING REBAR, THENCE S87° 17'03"E 188.91' TO AN EXISTING REBAR ON THE WEST BANK OF SKULL CREEK, THENCE ALONG SAID WEST BANK THE FOLLOWING: S 13°07' 19"E 29.95', S 14007'38"E 87.45', S 19°43'09"E 81.50', S 12043'55"E 177AT TO AN EXISTING REBAR, S06025'56"E 105.64' TO AN EXISTING REBAR, THENCE S06025'56"E 104.301, THENCE S07015'24"E 105.92' TO AN EXISTING REBAR, THENCE LEAVING SAID WEST BANK S8605945"W 155.93', THENCE S0204949"E 237.97', THENCE N87029' I 1 "W 233.01', THENCE N02047' 19"E 114.90', THENCE N87029' 11 "W 193.00', THENCE N02047'19"E 118.69, THENCE S87026'44"E 36.06', THENCE NO2°47'19"E 230.00' TO AN EXISTING REBAR, THENCE N87031'06"W 158.52' TO THE POINT OF BEGINNING, CONTAINING 8.26 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST NORTH STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE, SUBJECT TO THAT PORTION IN NORTH LEVERETT AVENUE MASTER STREET PLAN RIGHT-OF- WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PORTION OF 29 AND 16' SEWER EASEMENT TO BE VACATED DESCRIPTION: A PORTION OF AN EXISTING 29 AND 16' SEWER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE WEST LINE THEREOF S02045'24"W 664.22', THENCE LEAVING SAID WEST LINE S87031'06"E 20.00' TO AN EXISTING REBAR, THENCE NO2°20' 13"E 163.85' TO AN EXISTING REBAR, THENCE S87009'53"E 399.86' TO AN EXISTING COTTON SPINDLE, THENCE N89046' 15"E 62.2l' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N02015'27"W 66.89', THENCE N01 °29' 16"W 229.1 T, THENCE S87017'03"E 21.06', THENCE S01 °29' 16"E 227.49', THENCE S02015'27"E 62.77', THENCE S77°01'47"W 21.37TO THE POINT OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Harry Davis, Planner MEETING DATE: June 22, 2020 UPDATED W PC RESULTS SUBJECT: VAC 20-7095: Vacation (900 N. LEVERETT AVE./LEVERETT AVE. APTS., 444): Submitted by BATES & ASSOCIATES, INC. for property located at 900 N. LEVERETT AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 1.53 acres. The request is to vacate a portion of a sewer easement. RECOMMENDATION: Staff recommends forwarding VAC 20-7095 to City Council recommending approval with conditions. RECOMMENDED MOTION: "I move to forward VAC 20-7095 to City Council recommending approval with conditions as recommended by staff." June 22-1 Planning Commission Meeting: At the June 8th Planning Commission meeting, this item was heard and tabled by the Commission to allow the applicant time to meet Enaineerino and Utilities reauirements for the proposed sewer main relocation. For the June 22Dd meeting, the applicant has provided an updated study to Engineering and Utilities. Staff is able to recommend in favor of the proposed relocation of the sewer main with the condition that the re-routed 8-inch main must be installed and approved prior to the vacation of this easement. BACKGROUND: The subject property is at 900 North Leverett Avenue and includes approximately 8.28 acres between North Street, Leverett Avenue, and Bell Avenue. The property is currently developed with several multi -family buildings and has part of the Razorback Greenway along the eastern boundary. Surrounding land use and zoning is depicted in Table 1. Table 1: Rnrrminriinn I nnri 11— nnr1 7nni— Direction Land Use Zoning Commercial, Multi -family, Recycling RMF-40, Residential Multi -family, 40 Units per Acre; North Center C-1, Neighborhood Commercial; R-O, Residential Office South Commercial, Multi -family, Single-family RMF-40, Residential Multi -family, 40 Units per Acre, C-1, Neighborhood Commercial RMF-40, Residential Multi -family, 40 Units per Acre, West Commercial, Multi -family, Single-family C-1, Neighborhood Commercial, R-O, Residential Office East Razorback Greenway, Commercial, RMF-40, Residential Multi -family, 40 Units per Acre, Scull Creek CS, Community Services; I-PZD Proposal: The applicant proposes to vacate a portion of an existing water and sewer easement that runs north -south through much of the subject property (see applicant's exhibit). The area to be vacated in the northern part of the property totals approximately 1.53 acres and is necessary to facilitate infill development for more multi -family units (LSD 20-7065). DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses: Utility Response Cox Communications N/A AEP/SWEPCO N/A BlackHills Energy AR N/A AT&T N/A Ozarks Electric N/A City of Fayetteville Response Water/Sewer The Engineering and Utility Divisions support the requested vacation of this water/sewer easement. The sewer model provided by RJN does not show significant impacts to the 15/18" mains with the proposed re-route of the existing 8" main. The proposed re-routed 8-inch main must be installed and approved prior to the vacation of this easement. Solid Waste & Recycling N/A Transportation N/A Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 20-7095 to City Council recommending approval with conditions. G:\ETC\Development Services Review\2020\Development Services\20-7095 VAC 900 N. Leverett Ave. (Leverett Ave. Apts) 444\ Conditions of Approval: 1. The proposed re-routed 8" main must be installed and approved prior to the vacation of this easement. PLANNING COMMISSION ACTION: Required YES Date: June 22, 2020 O Tabled a Forwarded O Denied Motion: Belden Motion to forward recommending approval, as a part of consent agenda Second: Winston VMotion passes ote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Enaineerina and Utilities memo • Request Letter • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map G:\ETC\Development Services Review\2020\Development Services\20-7095 VAC 900 N. Leverett Ave. (Leverett Ave. Apts) 444\ CITY OF FAYETTEVILLE ARKANSAS To: Harry Davis, Planner From: Josh Boccaccio, Staff Engineer Corey Granderson, Utilities Engineer Date: June 16, 2020 Subject: Planning Commission Engineering Comments for VAC 20-7095 STAFF MEMO The Engineering and Utility Divisions support the requested vacation of this water/sewer easement. The sewer model provided by RJN does not show significant impacts to the 15/18" mains with the proposed re-route of the existing 8" main. The proposed re-routed 8" main must be installed and approved prior to the vacation of this easement. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 l Bates r J Associates,inc. Civil Engineering • Land Surveying • Landscape Architecture 7230 S. Pleasant Ridge Dr. Fayetteville, AR 72704 PH: 479-442-9350' FAX: 479-521-9350 www.nwabatesinc.com April 15, 2020 To the City of Fayetteville Planning Commission & City Council: Our clients South CS Apartments LLC and MT Kirby Investments LLC are proposing to vacate a portion of an existing sewer easement running through there property located at 900 N. Leverette Avenue. The purpose for this request is that our clients are proposing to do a large-scale project on the property, and they are needing to abandon a portion of an existing 8" sewer main running through the property. The subject easements are a 16' Sewer Easement filed in book 520 at page 429 and a 20' Sewer Easement filed in book 2006 at page 29247. A new manhole will be placed on the property and a new sewer line will be constructed to tie the portion of remaining 8" sewer line to an existing 18" sewer line running along the east side of the property. If you have any questions, comments, or concerns please do not hesitate to give me a call. Thank you, Andy Hooper Bates & Associates andy(cbbatesnwa.com 479-442-9350 DocuSign Envelope ID: 93FEC4FF-D2A9-4CAC-B87E-6729E4A84573 PETITION PETITION TO VACATE AN EASEMENT LOCATED AT 900 NORTH LEVERETT AVENUE, CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easements hereinafter sought to be abandoned and vacated, lying at 900 N. Leverett Avenue, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A PORTION OF AN EXISTING 20' AND 16SEWER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF HOPPER ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE WEST LINE THEREOF S02045'24"W 664.22', THENCE LEAVING SAID WEST LINE S87031'06"E 20.00' TO AN EXISTING REBAR, THENCE NO2°20'13"E 163.85' TO AN EXISTING REBAR, THENCE S87°09'53"E 399.86TO AN EXISTING COTTON SPINDLE, THENCE N89°46'15"E 62.2P TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N02015'27"W 66.89', THENCE N01029'16"W 229.17', THENCE S87017'03"E 21.06', THENCE S01029'16"E 227.49', THENCE S02°15'27"E 62.77', THENCE S77°01'47"W 21.37' TO THE POINT OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the easement located in the City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approve by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title of said real estate sought to abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dates this day of , 2020. 4/8/2020 T.J. Lefler Print Name DocuWgnod by: DC7755091BC645A.. Signature PARTIAL SEWER EASEMENT VACATION EXHIBT \'I('I N11) MAP NI/:NI\-\L I.IVk IIIf;fI q�IITITI ITV I I LIVL T. LLILL I I�f. NI.\NIT IH. Ii�IL r I• TI LI 111M'G I NW (UR\E!1 ! \ Ln \M1+.' "W Of•3Y -T s[- sr,nvrw _ I pl. �N.R TT e. Nem aI Tq It— I I I s - I 1 ' I ;I ,I 'I I ,I I _ I I�, I I�I I TOTAL ACREAGE ! I PARCEL /765-06437-000 8.28 ACRES I II �I I�I II ICI I I I I 1 ' ! sI ''I I I I I s� I I ..xL t«„nll,uxxvLo I IIILNikI�l14 \INtr\LILNIll VU11 YNI RIL\\'W� \LL t'IlLIIt IIVLV :I%\ ITln' ,) NLLU,N VLNIf ILI IINNIHLl�I1, rl� ,\—I T 111 l\\'\TN IV I)R UL�It,N +�l\IL l'TILITI II\L�\I\1 \LNILV�T TII.\T - ul MIT .I�INN�l�tlll��l IT Bates& LEGEND: Associates, Inc. N w I� VAC20-7095 One Mile View ZJ I -J >0 ¢Q z r 1 RI-12 2-1 10111 -2! SW '-2 W Z W CLEVE W MAPLE ST LEVERETT APTS. 0 125 0 25 R-O Subject Property Q Y Q z ,--- , Legend I------ E Planning Area ,____ 0 Fayetteville City Limits t--- Shared Use Paved Trail A Trail (Proposed) Planning Area --- �_ _ Design Overlay District Fayetteville City Limits w Q 0 LU c 0.5 Miles NORTH IDM1p .w �-z �i s,a� RESIDENTIAL SINGLEFAMILT E%TRACTpN �wsc ME-, R M ERCIAL ' w M sASED DISMICTS ASE. ��,m m.sEtirt .£.. RSFa9 �CwmnunM Se^ixea RESIDENT LWLTIFAMILV .e negnoamoaa Senwe PSr RUE-e �,+egnoomom consemnon i RUF-,i w NED ZONING DISTRICTS SRN =gem pro, ..ae.o z wsnwmNAL = wDUSTRNIL VAC20-7095 Close Up View -- HAZEL-ST— NI 00 W W J Q J � Q W W W HUGHES-ST-J BERRY• S T EAGLE-ST R (I LEVERETT APTS. Subject Property Legend Planning Area Feet ' Fayetteville City Limits Shared Use Paved Trail 0 75 150 300 450 Building Footprint 1 inch = 200 feet .11 IMF-2J JADAMS ST W Q A& NORTH RMF-24 RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office fA C-1 C-2 Community Services Neighborhood Conservation Commercal, Industrial, Residential `rn Democrat maze& P.G. BQX i6C ,=AVET 7E`:iLLLE. AR, 7e102 • As2.17000 • FAX: 479-695.1118 Y:ADG.CCOW AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6338 Was inserted in the Regular Edition on: July 26, 2020 Publication Charges: $97.28 Brittany Smith Subscribed and worn to before me This 2q day o 020. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. EXY .N:� r�n9 Ordinance! 6338 File Number: 2020-0535 VAC 20-7095 (900 N. LEVERETT AVE./LEVERETT AVE. APTS): AN ORDINANCE TO APPROVE VAC 20-7095 FOR PROPERTY LOCATED AT 900 NORTH LEVERETT AVENUE TO VACATE PORTIONS OF TWO WATER/SEWER EASEMENTS 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 water/sewer are 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 the water/sewer easements 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 shall not be effective until the proposed re-routed 8 inch sewer main is installed and approved. PASSED and APPROVED on 721 /2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75298986 72620