HomeMy WebLinkAboutOrdinance 633994
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6339
File Number: 2020-0537
VAC 20-7120 (1479 N. GREGG AVE./SOUTHERN SIGHTS, LLQ:
III I IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
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Doc ID: 019351640005 Type: REL
Kind, ORDINANCE
Recorded: 08/03/2020 at 01:28:04 PM
Fee Amt. $35.00 Paqe i of 5
Washington County, AR
Kyle Sylvester Circuit Clerk
File202—00026462
AN ORDINANCE TO APPROVE VAC 20-7120 FOR PROPERTY LOCATED AT 1479
NORTH GREGG AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds
or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of street
right-of-way is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion
of street right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map
attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
2. A 10 foot wide general utility easement shall be dedicated along the eastern boundary of
the subject property.
Page 1 Primed on 7122120
Ordinance. 6339
File Number. 2020-0537
A 5 foot by 5 foot block easement shall dedicated to SWEPCO to cover its existing
equipment.
PASSED and APPROVED on 7/21/2020
Attest:
``��rrrrrrrrrr���
ER K
FgYFTT �=
Kara Paxton, City Clerk Treasured
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Page 2 Printed on 7122120
VAC20-7120 SOUTHERN SIGHTS, LLC. EXHIBIT W
Close Up View 20-7120
*-
p� HOG
ROUGH DR
O
Legend
Hillside -Hilltop Overlay District
- Planning Area
L — I Fayetteville City Limits
Building Footprint
Feet
0 55 110 220 330
1 inch = 150 feet
440
ST
L'AWSON ST
RSF-4
RI-12
RI-U
RM F-24
&M RMF-40
EXHIBIT 'B'
20-7120
PARCEL #765-05172-000:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING A PART
OF LOTS 27 AND 28 OF EVIN'S FARM, A RECORDED SUBDIVISION,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT AN EXISTING REBAR WHICH IS N02040'15"E 120.00'
AND N87006'29"W 9.78' FROM THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 9 AND RUNNING THENCE N87006'29"W 132.4l' TO AN
EXISTING REBAR ON THE EASTERLY RIGHT-OF-WAY OF THE
ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-
WAY N24045'39"E 446.47' TO AN EXISTING REBAR, THENCE LEAVING
SAID RIGHT-OF-WAY S08053'07"W 62.68' TO AN EXISTING REBAR,
THENCE S07020'04"W 353.07' TO THE POINT OF BEGINNING,
CONTAINING 0.62 ACRES, MORE OR LESS. SUBJECT TO THAT
PORTION IN NORTH GREGG AVENUE RIGHT-OF-WAY ON THE EAST
SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL
OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF R/W VACATION:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING A PART
OF LOTS 27 AND 28 OF ERVIN'S FARM, A RECORDED SUBDIVISION,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS N02040' 15"E 159.7 F AND
N87019'45"W 10.00' FROM THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02040' 15"E 286.55' TO THE
NORTHWESTERLY RIGHT-OF-WAY OF THE ARKANSAS /MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY N24045'39"E 53.18',
THENCE LEAVING SAID RIGHT-OF-WAY S02040'15"W 73.14' TO THE
WEST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH GREGG
AVENUE, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 2762.60' FOR A CHORD BEARING AND
DISTANCE OF S06048'29"W 147.17', THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY S07017'57"W 116.28' TO THE POINT OF BEGINNING,
CONTAINING 0.08 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
08/03/2020 01:28:04 PM
and recorded in Real Estate
File Number 2020-00026462
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0537
Agenda Date: 7/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 12
VAC 20-7120 (1479 N. GREGG AVE./SOUTHERN SIGHTS, LLC):
AN ORDINANCE TO APPROVE VAC 20-7120 FOR PROPERTY LOCATED AT 1479 NORTH
GREGG AVENUE TO VACATE A PORTION OF STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of street right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of street
right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit
Clerk.
Section 3: This vacation approval is subject to the following conditions:
l . Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense;
2. A 10 foot wide general utility easement shall be dedicated along the eastern boundary of the
subject property.
3. A 5 foot by 5 foot block easement shall dedicated to SWEPCO to cover its existing equipment.
City of Fayetteville, Arkansas Page 1 Printed on 7/22/2020
City of Fayetteville Staff Review Form
2020-0537
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 20-7120: Vacation (1479 N. GREGG AVE./SOUTHERN SIGHTS, LLC., 405): Submitted by FLINTLOCK LTD., INC. for
property located at 1479 N. GREGG AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMLIY, 40 UNITS PER
ACRE and contains approximately 0.08 acres. The request is to vacate a portion of a street right-of-way.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Fund
Project Title
�$
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
---- — ---
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
L 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 20-7120: Vacation (1479 N. GREGG AVE./SOUTHERN SIGHTS, LLC.,
405): Submitted by FLINTLOCK LTD., INC. for property located at 1479 N.
GREGG AVE. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40
UNITS PER ACRE and contains approximately 0.08 acres. The request is to
vacate a portion of a street right-of-way.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 20-7120 as shown in the attached
Exhibits 'A' and 'B' and with the following conditions of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
2. SWEPCO requests a 10' general utility easement along the eastern boundaries of the
subject property.
3. SWEPCO requests a 5'x5' block easement to cover existing equipment.
BACKGROUND:
The subject property is at 1479 North Gregg Avenue and is approximately 0.48 acres. The
requested portion of the vacation is about 0.08 acres. The property is currently developed with
two duplexes and is zoned RMF-40, Residential Multi -family, 40 Units per Acre. The applicant
proposes to vacate a portion of existing right-of-way that extends north and northwest of Gregg
Avenue as it bends to the east. The applicant proposes to vacate this northern, unused part of
right-of-way along Gregg Avenue to within 33.5-feet from the centerline of Gregg Avenue and
respecting its Master Street Plan designation as a Neighborhood Link. This vacation is in
preparation for future infill development on the property.
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.
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
VAC20-7120
Close Up View
—MARTHA DR
IU
m9
OT I
Legend
Hillside -Hilltop Overlay District
- Planning Area
L — Fayetteville City Limits
Building Footprint
SOUTHERN SIGHTS, LLC.
Subject
Property
c
c
RI-12
HO--- G
Feet
0 55 110 220 330
1 inch = 150 feet
EXHIBIT 'Al
20-7120
SPRUCE ST
RSI� 4
L•AWSON ST
RS F-4
RI-12
RI-U
■ RMF-24
440 RMF-40
EXHIBIT 'B'
20-7120
PARCEL #765-05172-000:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING A PART
OF LOTS 27 AND 28 OF EVIN'S FARM, A RECORDED SUBDIVISION,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT AN EXISTING REBAR WHICH IS N02040' 15"E 120.00'
AND N87006'29"W 9.78' FROM THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 9 AND RUNNING THENCE N87006'29"W 132.4l' TO AN
EXISTING REBAR ON THE EASTERLY RIGHT-OF-WAY OF THE
ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-
WAY N24045'39"E 446.47TO AN EXISTING REBAR, THENCE LEAVING
SAID RIGHT-OF-WAY S08053'07"W 62.68' TO AN EXISTING REBAR,
THENCE S07020'04"W 353.07' TO THE POINT OF BEGINNING,
CONTAINING 0.62 ACRES, MORE OR LESS. SUBJECT TO THAT
PORTION IN NORTH GREGG AVENUE RIGHT-OF-WAY ON THE EAST
SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL
OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF R/W VACATION:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING A PART
OF LOTS 27 AND 28 OF ERVIN'S FARM, A RECORDED SUBDIVISION,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS N02040' 15"E 159.71' AND
N87019'45"W 10.00' FROM THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02040' 15"E 286.55' TO THE
NORTHWESTERLY RIGHT-OF-WAY OF THE ARKANSAS /MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY N24°45'39"E 53.18',
THENCE LEAVING SAID RIGHT-OF-WAY S02040'15"W 73.14' TO THE
WEST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH GREGG
AVENUE, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 2762.60' FOR A CHORD BEARING AND
DISTANCE OF S06048'29"W 147.17', THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY S07017'57"W 116.28' TO THE POINT OF BEGINNING,
CONTAINING 0.08 ACRES, MORE OR LESS.
, > CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
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 20-7120: Vacation (1479 N. GREGG AVE./SOUTHERN SIGHTS,
LLC., 405): Submitted by FLINTLOCK LTD., INC. for property located at
1479 N. GREGG AVE. The property is zoned RMF-40, RESIDENTIAL
MULTI FAMLIY, 40 UNITS PER ACRE and contains approximately 0.11
acres. The request is to vacate a portion of a street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC 20-7120 to City Council recommending approval with the
following conditions.
RECOMMENDED MOTION:
"I move to forward VAC 20-7120 to City Council recommending approval with all conditions as
recommended by staff."
BACKGROUND:
The subject property is at 1479 North Gregg Avenue and is approximately 0.48 acres. The
requested portion of the vacation is about 0.11 acres. The property is currently developed with
two duplexes and is zoned RMF-40, Residential Multi -family, 40 Units per Acre. Surrounding land
use and zoning is depicted in Table 1.
Table 1:
Surrounding Land Use and Zoninq
Direction
Land Use
Zoning
North
Railroad
RMF-40, Residential Multi -family, 40 Units per Acre
South
Undeveloped
RMF-40, Residential Multi -family, 40 Units per Acre
West
Railroad
RMF-40, Residential Multi -family, 40 Units per Acre
East
Residential
RSF-4, Residential Single-family, 4 Units per Acre;
RI-U, Residential Intermediate, Urban
Proposal: The applicant proposes to vacate a portion of existing right-of-way that extends north
and northwest of Gregg Avenue as it bends to the east. The applicant proposes to vacate this
northern, unused part of right-of-way along Gregg Avenue to within 30-feet from the centerline of
Gregg Avenue. This vacation is in preparation for future infill development on the property.
DISCUSSION:
Planning staff does support vacating the existing right-of-way to within 33.5-feet of the road
centerline along Gregg Avenue. The 2040 Master Street Plan requires 33.5-feet from the road
centerline for a Neighborhood Link street and staff finds it appropriate to provide that much to
accommodate any future pedestrian improvements along Gregg Avenue.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses:
Utilit Response
Cox Communications Any damage or relocation of existing facilities will be at the
applicant's expense.
AEP/SWEPCO 1. SWEPCO requests a 10' general utility easement along the
eastern boundaries of the subject property.
2. SWEPCO requests a 5'x5' block easement to cover existing
equipment.
BlackHills Energy AR No comment.
AT&T No comment.
Ozarks Electric No comment.
City of Fayetteville Response
Water/Sewer No comment.
Solid Waste & Recycling No comment.
Transportation No comment.
Public Comment: No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 20-7120 to City Council
recommending approval with the following conditions.
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
2. SWEPCO requests a 10' general utility easement along the eastern boundaries of the
subject property.
3. SWEPCO requests a 5'x5' block easement to cover existing equipment.
G:\ETC\Development Services Review\2020\Development Services\20-7120 VAC 1479
N. Gregg Ave. (Southern Sights: LLC) 405\
PLANNING COMMISSION ACTION: Required YES
Date: June 22, 2020 O Tabled 0 Forwarded O Denied
Motion: Belden Motion to forward recommending approval, as a part of
consent agenda
Second: Winston
Vote: 7-0-0 Motion passes
BUDGET/STAFF IMPACT:
None
Attachments:
• Petition to Vacate
• Vacation Exhibit
• Legal Description
• SWEPCO Exhibit Redlines
• One Mile Map
• Close-up Map
• Current Land Use Map
G:\ETC\Development Services Review\2020\Development Services\20-7120 VAC 1479
N. Gregg Ave. (Southern Sights, LLC) 405\
flllltkoc k
ARCHITECTURE ?..'LANDSCAPE
PETITION TO VACATE RIGHT-OF-WAY
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
Flintlock Ltd. Co. requests that the City of Fayetteville abandon and vacate the right-of-way described below and in the
attached ALTA survey and exhibits. The right-of-way is a 0.11 acre section running across parcel 11765-05172-000.
LEGAL DESCRIPTION
The Right -of -Way for which vacation is requested is described as follows:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUAPTEP AND A PART OF THE NOPT14WEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, APKANSAS, ALSO BEING A PART OF LOTS 27 AND
28 OF EVIN'S FARM, A RECORDED SUBDIVISION, BEING MORE PAPTICULAPLY DESCRIBED AS FOLLOWS, TO -WIT BEGINNING AT AN EXISTING
PEBAP ON THE WEST FIGHT -OF -WAY OF NORTH GPEGG AVENUE WHICH IS NO2 40'15"E 120.00' AND N87°06'29"W 9.78' FROM THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 9 AND PUNNING THENCE ALONG SAID PIGHT-
OF-WAY N07°20'04"E 243.28', THENCE LEAVING SAID PIGHT-OF-WAY NO24075"E 133.03' TO THE NOPTNWESTERLY PIGHT--OF-WAY OF THE
APKANSAS/MISSOUPI RAILROAD, THENCE ALONG SAID PIGHT-OF-WAY S24 45'39"W 53.18: THENCE LEAVING SAID PIGHTOF-WAY S02 40'15"W
32622', THENCE S87°06'29"E 0.22' TO THE POINT OF BEGINNING, CONTAINING 0.11 ACPES, MOPE OP LESS.
RIGHT-OF-WAY HISTORY
Parcel 11765-05172-000 is a part of Evin's Farm, a subdivision platted in 1907 with 20' right-of-ways between lots. The
platted right-of-way separating lots 27 and 28 of said subdivision remains as a vestige on the parcel, containing no
utilities and having no current or future use to the city. The adjacent portions of this remnant right-of-way have been
constructed upon or abandoned, and no continuous right-of-way remains. The vacation of this right-of-way would not
adversely affect the public interest or welfare.
REASON FOR RIGHT OF WAY VACATION REQUEST
We request that the above right-of-way be vested in Southern Sights, LLC (the abutting property owner) as
provided by law, subject to existing utility easements as required, so that the parcel may be developed in accordance
with the city's 2030 Master Planning Goals of making infill and revitalization the highest priority.
Dated April 8, 2020
Allison Quinlan
Principal
Flintlock Ltd. Co.
R/W VACATION EXHIBIT
A
......... I
I. ....... I
LO-1111
11.11, '1TI IT
HP-MM-1
IT
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la
c, 30' 60' 9c,
PARCEL #765-05172-000
0.62 ACRES
'�I T: 11111, 1 11
Bates LEGEND: El
Associates, inc.
o
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7 A,
�ates
T-00ela
Associates,Inc.
vil Engineering • Land Surveying • Landscape Architecture
7230 S. Pleasant Ridge Dr. Fayetteville. AR 72704
PH: 479-442-9350 ` FAX: 479-521-9350
www.batesnwa.com
RE: LEGAL DESCRIPTION OF PORTION OF RIGHT-OF-WAY VACATION
PARCEL #765-05172-000:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING A PART
OF LOTS 27 AND 28 OF EVIN'S FARM, A RECORDED SUBDIVISION,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT AN EXISTING REBAR WHICH IS N02040'15"E 120.00'
AND N87006'29"W 9.78' FROM THE SOUTHEAST CORNER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 9 AND RUNNING THENCE N87006'29"W 132.41' TO AN
EXISTING REBAR ON THE EASTERLY RIGHT-OF-WAY OF THE
ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-
WAY N24045'39"E 446.47' TO AN EXISTING REBAR, THENCE LEAVING
SAID RIGHT-OF-WAY S08053'07"W 62.68' TO AN EXISTING REBAR,
THENCE S07020'04"W 353.07TO THE POINT OF BEGINNING,
CONTAINING 0.62 ACRES, MORE OR LESS. SUBJECT TO THAT
PORTION IN NORTH GREGG AVENUE RIGHT-OF-WAY ON THE EAST
SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL
OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
PORTION OF R/W VACATION:
A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, ALSO BEING A PART
OF LOTS 27 AND 28 OF ERVIN'S FARM, A RECORDED SUBDIVISION,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS N02040'15"E 159.71' AND
N87019'45"W 10.00' FROM THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT AND RUNNING THENCE N02040' 15"E 286.55' TO THE
NORTHWESTERLY RIGHT-OF-WAY OF THE ARKANSAS /MISSOURI
RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY N24°45'39"E 53.18',
THENCE LEAVING SAID RIGHT-OF-WAY S02040'15"W 73.14' TO THE
WEST MASTER STREET PLAN RIGHT-OF-WAY OF NORTH GREGG
AVENUE, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 2762.60' FOR A CHORD BEARING AND
DISTANCE OF S06048'29"W 147.17', THENCE CONTINUING ALONG SAID
RIGHT-OF-WAY S07017'57"W 116.28' TO THE POINT OF BEGINNING,
CONTAINING 0.08 ACRES, MORE OR LESS.
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_—Demomt 90azette
F.0 30X 1607,=AYFTTEVILLE, Ate, 72702. 479-4 42.1700 - FAY: 479-69�-1118 - WViW,.N1 ADG.00M
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 6339
Was inserted in the Regular Edition on:
July 26, 2020
Publication Charges: $114.00
d,_ S,.
Brittany Smith
Subscribed and sworn to before me
This,? -'I day of , 020.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance:6339
File Number: 2020-0537
VAC 20-7120 (1479 N. GREGG
AVE./SOUTHERN SIGHTS, LLC):
AN ORDINANCE TO APPROVE VAC
20-7120 FOR PROPERTY LOCATED
AT 1479 NORTH GREGG AVENUE
TO VACATE A PORTION OF
STREET RIGHT-OF-WAY
WHEREAS, the City Council has the
authority under A.C.A. § 14-54-104 to
vacate public grounds or portions thereof
which are not required for corporate
purposes;and
WHEREAS, the City Council has
determined that the following described
portion of street right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
vacates a portion of street right-of-way
as described in Exhibit B attached to the
Planning Department's memo.
Section 2: A copy of this Ordinance
duty 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:
l . Any relocation of or damage
to existing utilities or existing facilities
shall be at the owner/developer's
expense;
2. A 10 foot wide general utility
easement shall be dedicated along the
eastern boundary of the subject property.
3. A 5 foot by 5 foot block
easement shall dedicated to S WEPCO to
cover its existing equipment.
PASSED and APPROVED on
7/21 /2020
Jordan, Mayor
Kara Paxton, City Clerk Treasurer
75298989 7/26/20
