Loading...
HomeMy WebLinkAboutOrdinance 6371I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIIII IIIII IIII IIII Doc ID: 019543290005 Type: REL Kind: ORDINANCE Recorded: 00 $3531/10/2020 at 10:33:22 AM 1 Fee Amt: .Paqe i of 5 Washington County, AR Kyle Sylvester Circuit Clerk File2020-00041239 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6371 ARCHIVED File Number: 2020-0816 VAC-2020-003 (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR PROPERTIES): AN ORDINANCE TO APPROVE VAC 20-003 FOR PROPERTY LOCATED SOUTHEAST OF RAZORBACK ROAD AND 15TH STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT 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 water and sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of water and sewer easement 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: Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. The owner shall dedicate a general utility easement at least 10 feet in width along the path Page 1 Printed on 10121120 Ordinance: 6371 File Number. 2020-0816 of the proposed, realigned water line. PASSED and APPROVED on 10/20/2020 Attest: IK R rn Kara Paxton CityClerk Treasu r % FAYE�Evltt rrr E . ii"iG /ON ; O�,N``s� Page 2 Printed on 10121120 VAC-2020-000003 Titan RBR Properties VAC-2020-000003 Close up view EXHIBIT 'A' , ----------_ 1; ER Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint , , , , 15TH ST 0 Subject Property Feet 0 75 150 300 450 1 inch = 200 feet RMF-24 I-1 Heavy Commercial and Light Industrial 1-2 General Industrial C-2 Urban Thoroughfare ■ Neighborhood Services - Ltd. 600 Neighborhood Services - Gen. P-1 � A01KI -11411101IN IIWAN14k0*A Bates Assoc - ia - tes,l--nc. 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 August 18, 2020 RE: Legal Descriptions for Partial Water Easement Vacation SURVEY DESCRIPTIONS: PARCEL #765-14877-011: A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI RAILROAD WHICH IS N87008'58"W 118.84' FROM THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE N87008'58"W 155.8F TO THE EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°25'52"E 170.19, TO AN EXISTING NAIL, N31°27'23"E 153.97, N18-28'12"E 149.88' TO AN EXISTING NAIL, NOI°00'49"W 106.14' TO AN EXISTING NAIL, N18-22'41"E 256.92' TO AN EXISTING NAIL, N20°27'06"E 150.49' TO AN EXISTING NAIL, N08°48'12"E 105.83'TO AN EXISTING NAIL, N04°21'39"E 73.60' TO AN EXISTING NAIL, NO2°53'05"E 90.53', N44°05'17"E 60.80' TO AN EXISTING NAIL ON THE SOUTH RIGHT-OF-WAY OF 15TH STREET, THENCE ALONG SAID RIGHT-OF-WAY S86045'23"E 76.99' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF ARKANSAS & MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79, FOR A CHORD BEARING AND DISTANCE OF S 14°52'49"W 821.02' TO AN EXISTING REBAR, N79028'17W 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE OF S08032'44"W 457.49' TO THE POINT OF BEGINNING, CONTAINING 2.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PORTION OF WATER EASEMENT VACATION DESCRIPTION: A PORTION OF A 15 FOOT WIDE WATER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87008'58"W 118.84' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE OF N0803244"E 457.49' TO AN EXISTING REBAR, S79028'I7"E 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF N I 1 °40'04"E 220.99' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING SAID RIGHT-OF-WAY N03011'33"E 252.08' TO EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-WAY N20027'06"E 18.87', THENCE LEAVING SAID RIGHT-OF-WAY N08°48'12"E 96.14' THENCE S03011'33"W 281.69' TO THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF S13°18'22"W 85.42' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS.- County, AR WashingtonCounty, was filed on i certify this instfurnen I 0�3322 AM j1/10/,1_020 1 Estate and recordedinPea 412'39 File Number 2020-.00()t clefK Kyle Sylvester CIfcU.I by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 r (479) 575-8323 1111 Text File File Number: 2020-0816 Agenda Date: 10120/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C.5 VAC-2020-003 (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR PROPERTIES): AN ORDINANCE TO APPROVE VAC 20-003 FOR PROPERTY LOCATED SOUTHEAST OF RAZORBACK ROAD AND 15TH STREET TO VACATE A PORTION OF A WATER AND SEWER EASEMENT 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 water and sewer easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of water and sewer easement 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; and 2. The owner shall dedicate a general utility easement at least 10 feet in width along the path of the proposed, realigned water line. City of Fayetteville, Arkansas Page 1 Printed on 1012112020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0816 Legistar File ID 10/20/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/2/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: VAC 2020-000003: Vacation (SE OF RAZORBACK RD. & 15TH ST./TITAN RBR PROPERTIES,599): Submitted by BATES & ASSOCIATES, INC. for property located SE OF RAZORBACK RD. & 15TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES, GENERAL, & UT, URBAN THOROUGHFARE and contains approximately 2.28 acres. The request is to vacate a 0.09 acre portion of a water & sewer easement. Budget Impact: Account Number Project Number Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Fund Project Title I V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF Q FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 20, 2020 TO: Mayor, Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: October 2, 2020 CITY COUNCIL MEMO SUBJECT: VAC 2020-000003: Vacation (SE OF RAZORBACK RD. & 15TH ST.ITITAN RBR PROPERTIES,599): Submitted by BATES & ASSOCIATES, INC. for property located SE OF RAZORBACK RD. & 15TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES, GENERAL, & UT, URBAN THOROUGHFARE and contains approximately 2.28 acres. The request is to vacate a 0.09 acre portion of a water. & sewer easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2020-000003 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; and 2. Dedication of utility easement along the path of the proposed, realigned water line to a minimum of 10 feet, up to a property line. BACKGROUND: The subject property includes an existing water and sewer easement within the larger lot on the southeast corner of Razorback Road and 15`h Street. The overall property is exceptionally narrow, ranging from approximately 45 feet to 161 feet in depth between Razorback Road and railroad right-of-way to the east. The Town Branch riparian corridor bisect the property from east to west which includes areas of floodway, floodplain, and streamside protection zone. A large scale development for 34 dwelling units was approved on the property by the Planning Commission in February of 2020. DISCUSSION: At the September 28, 2020 Planning Commission meeting, this item was forwarded as part of the consent agenda to City Council with a recommendation for approval and the conditions as recommended by staff. Although a recent ordinance change directs easement vacation requests directly to the City Council, public notification was made for the Planning Commission prior to enactment of the legislation. Accordingly, it was placed on the September 28, 2020 Planning Commission agenda. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 VAC-2020-000003 Titan R B R Properties VAC-2020-000003 Close up view EXHIBIT 'A' -, I 15TH ST I 1 I I I I I UT I CROWNE�DR , , p r � O RMF-24 r r , � � R d Subject Property R1CHN►ONr, r r r r r , , NS-G NORTH Legend RMF-24 I-1 Heavy Commercial and Light Industrial Planning Area1-2 C2Geneallndustral t ' Fa etteville City Limits Feet ■■ Urban Thoroughfare y y Neighborhood Services - Ltd. Trail (Proposed) 0 75 150 300 450 600 Neighbonccod Services - Gen P-1 Building Footprint 1 inch = 200 feet VAC-2020-000003 EXHIBIT 'B' ��<i Bates�t . Associa-i-es,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 August 18, 2020 RE: Legal Descriptions for Partial Water Easement Vacation SURVEY DESCRIPTIONS: PARCEL #765-14877-01 l: A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS & MISSOURI RAILROAD WHICH IS N87008'58"W 118.84' FROM THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE N87008'58"W 155.81' TO THE EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: N18°25'52"E 170.19' TO AN EXISTING NAIL, N31027'23"E 153.97', NI8°28'12"E 149.88' TO AN EXISTING NAIL, NO1°00'49'W 106.14, TO AN EXISTING NAIL, NI 8022'41 "E 256.92' TO AN EXISTING NAIL, N20°27'06"E 150.49' TO AN EXISTING NAIL, N08048'12"E 105.8370 AN EXISTING NAIL, N04°21'39"E 73.60, TO AN EXISTING NAIL, N02053'05"E 90.53', N44005'17"E 60.80' TO AN EXISTING NAIL ON THE SOUTH RIGHT-OF-WAY OF 15TH STREET, THENCE ALONG SAID RIGHT-OF-WAY S86045'23"E 76.99' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF ARKANSAS & MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF SI4°52'49"W 821.02' TO AN EXISTING REBAR, N79028' 17" W 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE OF S08032'44"W 457.49' TO THE POINT OF BEGINNING, CONTAINING 2.28 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PORTION OF WATER EASEMENT VACATION DESCRIPTION: A PORTION OF A 15 FOOT WIDE WATER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87008'58"W 118.84' TO AN EXISTING REBAR ON THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5078.71' FOR A CHORD BEARING AND DISTANCE OF N08032'44"E 457.49' TO AN EXISTING REBAR, S79°28'17"E 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF N 11 040'04"E 220.99' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING SAID RIGHT-OF-WAY N03011'33"E 252.08' TO EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF-WAY N20027'06"E 18.87', THENCE LEAVING SAID RIGHT-OF-WAY N08048'12"E 96.14' THENCE S03011'33"W 281.69' TO THE WEST RIGHT-OF-WAY OF THE ARKANSAS/MISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF SI3°l8'22"W 85.42' TO THE POINT OF BEGINNING, CONTAINING 0.09 ACRES, MORE OR LESS._ CITY OF % kQ FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: September 28, 2020 (Updated with Planning Commission Results) SUBJECT: VAC 2020-000003: Vacation (SE OF RAZORBACK RD. & 16TH ST./TITAN RBR PROPERTIES,599): Submitted by BATES & ASSOCIATES, INC. for property located SE OF RAZORBACK RD. & 15TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES, GENERAL, & UT, URBAN THOROUGHFARE and contains approximately 2.28 acres. The request is to vacate a 0.09 acre portion of a water & sewer easement. RECOMMENDATION: Staff recommends forwarding VAC-2020-000003 to the City Council with a recommendation of approval and conditions based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward VAC-2020-000003 to the City Council with a recommendation for approval with the conditions recommended by staff." BACKGROUND: The subject property includes an existing water and sewer easement within the larger lot on the southeast corner of Razorback Road and 15' Street. The overall property is exceptionally narrow, ranging from approximately 45 feet to 161 feet in depth between Razorback Road and railroad right-of-way to the east. The Town Branch riparian corridor bisect the property from east to west which includes areas of floodway, floodplain, and streamside protection zone. A large scale development for 34 dwelling units was approved on the property by the Planning Commission in February of 2020. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Surface Parkin Lot 1-2, Heavy Commercial South Multi-famil Residential; RMF-24, Residential Multi -family, 24 Units per Acre West Multi -family Residential; City Park; Undeveloped UT, Urban Thoroughfare; P-1, Institutional; NS-L, Neighborhood Services, Limited East RV Park P-1, Institutional Proposal: The approved large scale development requires abandonment of an existing water main and its realignment elsewhere on the site. Construction plans were approved for the utility work and the applicant now proposes vacating portions of the existing water and sewer easement. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the relevant City department with the following response: City of Fayetteville Water/Sewer Public Comment: No public comment has been received. Response No objections and no comment. RECOMMENDATION: Staff recommends forwarding VAC-2020-000003 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. Dedicate utility easement along the path of the proposed, realigned water line to a minimum of 10 feet, up to a property line. PLANNING COMMISSION ACTION: Required YES Date: September 28, 2020 O Tabled ® Forwarded O Denied (Motion: Paxton, on the consent agenda ISecond: Winston Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • One Mile Map • Close-up Map • Current Land Use Map VAC-2020-000003 Petition to Vacate PETITION PETITION TO VACATE AN EASEMENT LOCATED AT THE CORNER OF WEST 15Tn STREET AND SOUTH RAZORBACK ROAD, 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 the comer of West 15' Street and South Razorback Road, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A PORTION OF A 15 FOOT WIDE WATER EASEMENT TO BE VACATED WHICH IS LOCATED IN A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM AN EXISTING REBAR MARKING THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N87°0858"W 118.84' TO AN EXISTING REBAR ON THE WEST RIGHT- OF-WAY OF THE ARKANSASIMISSOURI RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING: ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5078.7 P FOR A CHORD BEARING AND DISTANCE OF N0803244"E 457.49' TO AN' EXISTING REBAR, S79°28'17"E 24.84' TO AN EXISTING REBAR, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF N I 1 °40'04"E 220.99' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE LEAVING SAID RIGHT-OF- WAY NO3'11'33" E 252.08' TO EAST RIGHT-OF-WAY OF RAZORBACK ROAD, THENCE ALONG SAID RIGHT-OF- WAY N20027'06"E 18.87', THENCE LEAVING SAID RIGHT-OF-WAY N08°48'l2"E 96.14' THENCE S03°1 l'33"W 281.69' TO THE WEST RIGHT-OF-WAY OF THE ARKANSASIMISSOUR.I RAILROAD, THENCE ALONG SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5357.79' FOR A CHORD BEARING AND DISTANCE OF S13018'22"W 85.4T TO THE POINT OF BEGINNING, CONTAINING 0.09 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 t v day of eS2�;Q—�' 2020. �Yaygz tt ry\S Print Name Si cure PARTIAL WATER EASEMENT VACATION EXHIBIT I I VAC-2020-000003 Vacation Exhibit I� 3 C I s 0' 100200' 300' I,Jj� `- / i SC(1�1, SIF.RI4 I a }W I z I I-IM1-N', N-J0.W / I tI IVIUTHtARIESJRWV — Ll TOTAL ACREAGE PARCEL #765-14677-011 2.26 ACRES +/- [IONOVPRONAED -MEN. VA('A-1 SCRVI=Y UEx ,1 RCRkI ) Jd) OF HE NINH It FIHIS)SI QU.R. U 1( I(Y. T SHIYI GRIN 'ES! S GTU. ()L IY ItKANS SAS.EFIM1'\I )REY NTICLLANL- SC RI ID ')(ION HE i f \ --f 'S INf RFHAR }' 1111 FST 1 HT-0F {l )ET f S.\'d ISS(N A -<II\ i I(IS OR. ,v N-I N<IH 11'ilI: SOIII II SI'COR O .RIII lTOIANlI.N<M ORI SO{T S Q ARTER AN" R INE EHF FN-OR'SA' % OTHEE_ 11 R W\Y ) NAlORB\ A R ll THt ! I ON(' SAII RI( HT-0 A) Hi F IT IN( F 0 T 1 \N E ST ( IIL 1" EI T.N "kl E AID. S (' IC 10' 1 061 TO{ EXIS—NAW.Nle-1141'1,25,92'FOAN EXISTING NAIL AML O. )AN LXIS.IN( NATE, NO% A EXISII AIL 21J k11. !O 4. 'XI G IL NIT 5 L SJ N 1 EWtlO'F EXIS I.-1,11101 IIILSC Hq1 NT-0 IOt I'T11 INEET I} > )N('SNU RI fll N S L) T( 4N LYI}TA gL0.4R) T.0 LST RIGHT-0F W. YOF ftKA SASd MISSOLRI0. ILR TH[ 1 Ill)\(I S,\ID RIEIIT-(1!-N.\Y THT EOLLOWIN(: \LOVE .4 (IIR VI:-. TO THL.I.I:FT IIAV R.E } A.\DR.S OI 1T FOR A -IRO HF.IRAGII) DIItt\RI:(H SI ti,,f-T ,l RIT ,O AN EXICTF 0PEfl III ACHO D REARTO AN IXISTRIE PCfl.\P, AI ONG 4 CLMVE TU THE I htT H:\VAW ,\ PADILIS OF AIN )I` FOA A CHORD ORIFNG ANT DIT 10 Al 1OF SON°IIW"WNDR TUTHEMINTOFECGINNNG. ('ONTAININfi I._N.II RFS. MORt OR LESS.'iUHH'CT IU Al L F.\YENI:NIS AND RN)HT>4)E-W.Iti OF RECORD. PURTRNI OF W.{TER E.}SEMt:A! \'AC'.4TN)\ IHSC0.tPf R)N'. A POR'HUN OF A IS F(N)T W IDF WATER R4SEMFN'T TO BE \'At'ATEU WHICH IS LOCATED IN A PART OF THE NORTH W EST QUARTER T ER OOF IHE SOU QUART SECTION 20. TOWNSHIP IN NORTH. RANGE J0 WE%I \Y:\SHINGTONCOUNT(. ARKANSAS. HEING MOREPANTICLLARL)'UESCRIBEUASFOLIA)NS,T ITS COMIIE CINE FROAI AN FXI%TI NG REHAS \CARNING THE SOUTHEAST CORNER OF SAID ED—ACRE. TR-I ANURLNIGTHENCE NP'Ub (, N IN.ToA'EXICTI-RFBAR ON THE WEST RIGHT-0E-N\I OF THE ARKA S SUIS 111R ILRO UIHENCE ALONG SAID RIG —Al' THE FOLIOWNIG. ALONG A CIMVF I II THE RIGHT H VAGAR MS OF W P. FOR A CHORD HEARING AND UIST NCF.OF NOR°JT—E 45749 FDA\ EXIST GRFBAR.STO`R 1'E24.N4'TOANFXISTAGREBA.AU)NGACVRVETOTHERNi HAVINGARADLI \ 0 5351.w FOR ACEORO HE.01-AN'D DISTANCE OF NI I`JIIWE'_mw TO THE TRITE ANNl OF REO"NIN(1 AND RU—N I THENCE. I.CAV ING SAID RIGHT4F-N'AY NODII i'DD-E 35211S TO EAST—HT-0I -WAY OF RAZORBACK ROAD, THENCE AIAN0 SAID RIGHT-0E-W.4Y 1-2T06-C IKIII. THENCT: (LIVING SAID APk IIS- Ml'N0A`JtRAtt9n.M'.'HEN'CE SODACJD'S\'tA N TOTHE{}'E}TRIGHTCF'RVYOFT1/E A0.KANSAS'AILSRIRAl1.ROAD,'HiF'HORDI.ONGSAID DITAWOAION(i4C'LRVET'OIHELEFT HAVINGARADIN SOEINO0.m AC ECHORD HEAR AG A:TDISTANCE OF SIJ"IR'?S-W N5.43'10'THE POINT UI BEGINNING. CONTAININ(: U.UY .ACRES. \TORE OR L ESS, MAN: RHR PROPi'Rl'IIti I. I.(' p8jg$� LEGEND. Inc. s. R seasa RFnI Fs � t. RItRRucr dou Ea.RIo Mw %` nT'ifrnae. 4e1Nd+u �y grwpR LYICIHRRMR�i6 e.,. — � �: � If-- °IRNEVEO•HunED —• aN -+ v N nzssn VAC-2020-000003 Titan RBR Properties A& One Mile View NORTH 0 0.125 0.25 0.5 Miles 1 I ' C_2 �� 5 Q R\II'_ U O O �. 12�1F-12 } u I I J O II I `•\ r I I - 1-2 I W 15TH ST � I W15THST W155 A AS-G 1 v " P-1 v , xC r Subject Property r i � I 1 RS1 -4 _ � I t I J N I I d \ IX p W C. O SPRINGS RD Ns 2 U ILL G \ O mx� = ng .. - -- RESIDENTIAL SINGLE-FANNLY EXTRACTION _ _ _ . COMMERCIAL RI-,2 Rcucenpai.CRu Legend N&L r,• RSF5 � G] Planning Area`:°�;,,� • FORM BASED DISTRICTS Fayetteville City Limits a �mRn L %SIDENTIALMULTIF"ILY y� nep- senro . Q wv.F_ �neN�mRcac croserre,ar. Trail (Proposed) PLANNED ZONING DISTRICTS e — — • Planning Area - ' _ ' ' • - _' BISTITUTN]NAL ` Design Overlay District (�-� GtSZ1AL ---•� �Fayetteville City Limits ----CJ _ _ 11,m��el e�ale� a VAC-2020-000003 Close Up View Titan RBR Properties V Subject Property i-2 NS G NORTH Legend RMF-24 I-1 Heavy Commercial and Light Industrial I- �� I-2 Generallndustnal � : _ _ Planning Area C-2 Feet Urban Thoroughfare Fayetteville CityLimits Neighborhood Service s -Ltd. 0 75 15G 300 450 6OO AM Neighborhood Services - Gen. Trail (Proposed) P-1 Building Footprint 1 inch = 200 feet VAC-2020-000003 Titan RBR Properties Current Land Use A& N 0 RT H A \- 15TH ST Undeveloped R` 4b v '� .1 s i i. 1' Multi -Family �§ - Residential jj Jj�( it CRpMJ o I A� -O .. N RR lip Undeveloped 1 4 Subject Property P y V,. FEW Flood Hazard Data -00=rear Floodplain Shared Use Paved Trail Feet �=loodway till � Trail (Proposed) 0 55 110 220 330 440 Planning Area 1 inch = 150 feet - _ _; Fayetteville City Limits ARCHIVED NORTHWEST ARKANSAS Ordinance:6341 l)en1OC1t (6AZCtt File Number: 2020-08I6 -j`1l:' VAC-2020-003(SE OF RAZORBACK RD.&15TH ST.ITITAN RBR PROPERTIES): P.0 BOX 1E07.=AYETTEVILLE,AR,727C2••'•79-ds..2-17OC.F:,x ;79-695-11$• 'WWV,' cor AN ORDINANCE TO APPROVE VAC 20-003 FOR PROPERTY LOCATED SOUTHEAST OF RAZORBACK ROAD AND 15TH STREET TO VACATE A PORTION OF A WATER AFFIDAVIT OF PUBLICATION AND SEWER EASEMENT WHEREAS,the City Council has the authority under A.C.A.§ 14-54-104 to I, Brittany Smith,do solemnly swear that I am the Accounting Legal Clerk of the vacwhiatech publicnot groundrequires orfor portionscorporate thereof are d Northwest Arkansas Democrat-Gazette,a daily newspaper printed and purposes;and published in said County, State of Arkansas; that I was so related to this WHEREAS,the City Council hes tY determined that the following described publication at and during the publication of the annexed legal advertisement portion of water and sewer easement is not required for corate u . the matter of: Notice pending in the Court, in said County,and at the dates of NOW,THEREFORE BEITrposes the several publications of said advertisement stated below,and that during said ORDAINED BY THE CITY COUNCIL periods and at said dates, said newspaper was and had a bona fide AF K CITY OF FAYETTEVILLE, printedARKANSAS: circulation in said County; that said newspaper had been regularly printed and Section 1: That the City Council of the published in said County, and had a bona fide circulation therein for theperiod of City of Fayetteville,Arkansas hereby tY vacates the portion of water and sewer one month before the date of the first publication of said advertisement; and that easement as described in Exhibit B said advertisement waspublished in the regular dailyissues of said newspaper attached to the Planning Department's � memo. as stated below. Section 2:A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the City of Fayetteville Planning Department's memo shall be Ord 6371 filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is Was inserted in the Regular Edition on: subject to they relocation conditions:f g 1. Any relocation of or damage October 25, 2020 to existing utilities or existing facilities shall be at the owner/developer's expense;and Publication Charges: $114.00 2. The owner shall dedicate a general utility easement at least 10 feet in width along the path of the proposed,realigned water line. PASSED and APPROVED on 10/20/2020 Brittany Smith Approved: Lioneld Jordan,Mayor t„C,C)101- Attest: /Q���s5���,ZO�� Kara Paxton,City Clerk Treasurer Subscribed and sworn to before me tjP�� �t41 ,• 10/25/2020 75338331 This day of TO ,2020. ti� QIro`0- (4400Af �vds*4. Notary Public My Commission Expires: /C.66 **NOTE** Please do not pay from Affidavit. Invoice will be sent.