HomeMy WebLinkAboutOrdinance 6437FPYE,OA
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6437
File Number: 2021-0343
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 019926380004 Type.
Kind: ORDIREL
NANCE
Recorded: O6/04/2021 at 04:09:07 PM
Fee Amt: $30.00 Pape i of 4
Washington County, AR
Kyle SVlvest:u Circuit clerk /� %
File202 i.-0002 +3T
VAC-2021-016 (1000 W. BULLDOG BLVD./DELAWARE AVE. R-O-W):
AN ORDINANCE TO APPROVE VAC 21-016 FOR PROPERTY LOCATED AT 1000 WEST
BULLDOG BOULEVARD TO VACATE A PORTION OF PUBLIC 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 public
right-of-way is not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the
portions of street and alley right-of-way as described in Exhibit B attached to the Planning
Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map
attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage or relocation of existing facilities will be at the applicant's expense, or at the expense of
the property owner or developer.
2. A 20-foot utility easement shall be dedicated for all utilities currently located within the right-of-way
Page 1 Printed on 5119121
Ordinance: 6437
File Number: 2021-0343
of Delaware Avenue.
PASSED and APPROVED on 5/18/2021
Attest:
`Ill I It r I I fIfIf
Kara Paxton, City Clerk Treasut:er • gyET ;�:
Page 2 Printed on 5119121
VAC-2021-000016 Delaware Ave. Right -of -Way
Close Up View
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Fayetteville City Limits 0
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EXHIBIT'A'
VAC-2021-000016
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EXHIBIT 'B'
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION
16, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 16,
THENCE ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SW 1/4, S 87"06'56" E 349.18 FEET;
THENCE LEAVING SAID SOUTH LINE, N 03"07'01" E - 40.00 FEET TO THE SOUTHEAST CORNER OF
THE DELAWARE AVE. RIGHT- OF -WAY, PER THE RECORD PLAT OF OAK PARK PLACE (PLAT 5-64),
AND TO THE POINT OF BEGINNING (POB): THENCE ALONG THE SOUTH RIGHT -OF- WAY OF
DELAWARE AVE., N 81"09'26" W - 59.68 FEET TO THE WEST RIGHT -OF- WAY OF DELAWARE AVE.;
THENCE ALONG SAID WEST RIGHT- OF -WAY, ALONG A NON -TANGENT CURVE TO THE LEFT, AN ARC
DISTANCE OF 30.80 FEET', SAID CURVE HAVING A RADIUS OF 20.00 FEET', AND A CHORD
BEARING AND DISTANCE OF N 47"13'S1" E - 27.84 FEET; THENCE CONTINUING ALONG SAID WEST
RIGHT- OF -WAY, N 03"07-01" E - 396.69 FEET TO THE NORTH RIGHT- OF -WAY OF DELAWARE
AVE.; THENCE LEAVING SAID WEST RIGHT- OF -WAY, S 86"53'03" E - 40.00 FEET, ALONG SAID NORTH
RIGHT- OF -WAY, TO THE EAST RIGHT- OF -WAY OF DELAWARE AVE.; THENCE LEAVING SAID
NORTH RIGHT -OF- WAY, S 03"07'01" W - 422.63 FEET, ALONG SAID EAST RIGHT -OF- WAY, TO
THE POINT OF BEGINNING (POB), CONTAINING 16,930 SQ. FT., OR 0.39 ACRES.
Washington County, AR
I certify this instrument was filed on
06/04/2021 04:09:07 PM
and recorded in Real Estate
File Number 2021-00021347
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
- (479) 575-8323
Text File
File Number: 2021-0343
Agenda Date: 5/18/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 5
VAC-2021-016 (1000 W. BULLDOG BLVD./DELAWARE AVE. R-O-W):
AN ORDINANCE TO APPROVE VAC 21-016 FOR PROPERTY LOCATED AT 1000 WEST
BULLDOG BOULEVARD TO VACATE A PORTION OF PUBLIC 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 public right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portions of
street and alley right-of-way as described in Exhibit B attached to the Planning Department's memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as
Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit
Clerk.
Section 3: This vacation approval is subject to the following conditions:
1. Any damage or relocation of existing facilities will be at the applicant's expense, or at the expense of the
property owner or developer.
2. A 20-foot utility easement shall be dedicated for all utilities currently located within the right-of-way of
Delaware Avenue.
City of Fayetteville, Arkansas Page 1 Printed on 5/19/2021
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2021-0343
Legistar File ID
5/18/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/30/2021
Submitted Date
Action Recommendation:
CITY PLANNING (630)
Division / Department
VAC-2021-000016: Vacation (1000 W. BULLDOG BLVD./DELAWARE AVE. R-O-W, 522): Submitted by MCCLELLAND
ENGINEERS, INC. for right-of-way within property located at 1000 W. BULLDOG AVE. The R-O-W contains
approximately 0.39 acres. The request is to vacate a portion of the right-of-way associated with Delaware Ave., north
of Bulldog Ave.
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 MAY 18, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: April 30, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000016: Vacation (1000 W. BULLDOG BLVD./DELAWARE AVE.
ROW, 522): Submitted by MCCLELLAND ENGINEERS, INC. for right-of-way
within property located at 1000 W. BULLDOG AVE. The R-O-W contains
approximately 0.39 acres. The request is to vacate a portion of the right-of-way
associated with Delaware Ave., north of Bulldog Ave.
RECOMMENDATION:
Planning Commission and City Staff recommend approval of VAC-2021-000016 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, or at the
expense of the property owner or developer.
2. A 20-foot utility easement is to be acquired for all utilities currently placed within the
right-of-way of Delaware Avenue.
BACKGROUND:
The subject property includes 0.39 acres of right-of-way currently identified as S. Delaware
Avenue, coming north off W. Bulldog Blvd. Washington County records suggest the right-of-way
was platted in 1927 with the Oak Park Place subdivision. The property surrounding the existing
right-of-way is owned either by the University of Arkansas or by the Fayetteville Public School
district, and very little remains of a residential subdivision in the area.
Request: The applicant proposes to vacate approximately 430 linear feet of public right-of-way,
totaling 0.39 acres and as indicated in the attached exhibit and maps.
Staff Findings: Staff supports the vacation request as indicated. Typically, City Plan 2040 and its
specified goal of maintaining complete, compact, and connected developments would lean staff
towards a recommendation of denial for historically platted right-of-way serving a residential
neighborhood. That said, staff finds that given the area's surroundings by institutional uses and
property owners, the right-of-way as it stands no longer serves the purpose of neighborhood
connectivity. The entire surrounding area is zoned P-1, Institutional, which implies that any future
development in this area will be largely institutional in nature, and those uses in particular are not
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
subject to the same set of design standards as other commercial, residential, and non-residential
uses that rely heavily on public right-of-way. Further, Fayetteville Public High School intends to
construct additional parking on their site; the applicant has provided approved grading permit
plans as an attached exhibit.
The applicant has submitted the required vacation forms to the relevant City departments.
Adjacent property owner consent is also required for vacation, which the applicant has also
provided.
DISCUSSION:
At the April 26, 2021 Planning Commission meeting, this item was forwarded to City Council with
a vote of 9-0-0, with a recommendation of approval, on the consent agenda. The Commissioners
were in favor of all recommendations, and no public comment was heard on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC-2021-000016
Close Up View
--M ,W NOLAN
RICHARDSON DR
- Neighborhood Link
Institutional Master Plan
Planning Area
Fayetteville City Limits
Y Y
- Trail (Proposed)
Delaware Ave. Right -of -Way I VAC-22021-000016
Feet
0 75 150 300 450
1 inch = 200 feet
W-BUL-L-DOG•BL-VD
RMF-24
RMF-40
C-2
P-1
VAC-2021-000016
EXHIBIT 'B'
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION
16, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 16,
THENCE ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SW 1/4, S 87"06'56" E 349.18 FEET;
THENCE LEAVING SAID SOUTH LINE, N 03"07'01" E - 40.00 FEET TO THE SOUTHEAST CORNER OF
THE DELAWARE AVE. RIGHT- OF -WAY, PER THE RECORD PLAT OF OAK PARK PLACE (PLAT 5-64),
AND TO THE POINT OF BEGINNING (POB): THENCE ALONG THE SOUTH RIGHT -OF- WAY OF
DELAWARE AVE., N 81"09'26" W - 59.68 FEET TO THE WEST RIGHT -OF- WAY OF DELAWARE AVE.;
THENCE ALONG SAID WEST RIGHT- OF -WAY, ALONG A NON -TANGENT CURVE TO THE LEFT, AN ARC
DISTANCE OF 30.80 FEET', SAID CURVE HAVING A RADIUS OF 20.00 FEET', AND A CHORD
BEARING AND DISTANCE OF N 47"13'51" E - 27.84 FEET; THENCE CONTINUING ALONG SAID WEST
RIGHT- OF -WAY, N 03"07'01" E - 396.69 FEET TO THE NORTH RIGHT- OF -WAY OF DELAWARE
AVE.; THENCE LEAVING SAID WEST RIGHT- OF -WAY, S 86"53'03" E - 40.00 FEET, ALONG SAID NORTH
RIGHT- OF -WAY, TO THE EAST RIGHT- OF -WAY OF DELAWARE AVE.; THENCE LEAVING SAID
NORTH RIGHT -OF- WAY, S 03"07'01" W - 422.63 FEET, ALONG SAID EAST RIGHT -OF- WAY, TO
THE POINT OF BEGINNING (POB), CONTAINING 16,930 SQ. FT., OR 0.39 ACRES.
CITY OF
FAYETTEVILLE
14'W ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: April 26, 2021 Updated with PC hearing results from 4/26/2021
SUBJECT: VAC-2021-000016: Vacation (1000 W. BULLDOG AVE./DELWARE
AVE. R-O-W, 522): Submitted by MCCLELLAND ENGINEERS, INC. for
right-of-way within property located at 1000 W. BULLDOG AVE. The R-O-
W contains approximately 0.39 acres. The request is to vacate a portion of
the right-of-way associated with Delaware Ave., north of Bulldog Ave.
RECOMMENDATION:
Staff recommends forwarding VAC-2021-000016 to City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
"I move to forward VAC-2021-000016 to City Council with a recommendation of approval, with
conditions."
BACKGROUND:
The subject property includes 0.39 acres of right-of-way currently identified as S. Delaware
Avenue, coming north off W. Bulldog Blvd. Washington County records suggest the right-of-way
was platted in 1927 with the Oak Park Place subdivision. The property surrounding the existing
right-of-way is owned either by the University of Arkansas, or by the Fayetteville Public School
district, and very little remains of a residential subdivision in the area. Surrounding land use and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction
Land Use
Zoning
North
School (Fayetteville High School
P-1, Institutional
South
School (Fayetteville High School
P-1, Institutional
East
School (Fayetteville High School
P-1, Institutional
West
I Undeveloped(University of Arkansas
P-1, Institutional
Proposal: The applicant proposes to vacate approximately 430 linear feet of public right-of-way,
totaling 0.39 acres and as indicated in the attached exhibit and maps.
DISCUSSION:
Staff supports the vacation request as indicated. Typically, City Plan 2040 and its specified goal
of maintaining complete, compact, and connected developments would lean staff towards a
recommendation of denial for historically platted right-of-way serving a residential neighborhood.
That said, staff finds that given the area's surroundings by institutional uses and property owners,
the right-of-way as it stands no longer serves the purpose of neighborhood connectivity. The
Planning Commission
April 26,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 1 of 15
entire surrounding area is zoned P-1, Institutional, which implies that any future development in
this area will be largely institutional in nature, and those uses in particular are not subject to the
same set of design standards as other commercial, residential, and non-residential uses that rely
heavily on public right-of-way. Further, Fayetteville Public High School intends to construct
additional parking on their site; the applicant has provided approved grading permit plans as an
attached exhibit.
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses. Adjacent property
owner consent is also required for vacation, which the applicant has also provided.
Utility Response
Cox Communications No objections, provided any damage or relocation of existing Cox
facilities will be at expense of applicant.
AEP/SWEPCO No objections, provided a 20-foot utility easement is to be
acquired.
BlackHills Energy AR No objections and no comment.
AT&T No objections, provided that a utility easement is designated for
utilities that are currently placed in the right-of-way for Delaware
Avenue.
Ozarks Electric No objections and no comment.
City of Fayetteville Response
Water/Sewer No objections and no comment.
Solid Waste & Recycling No objections and no comment.
Transportation No objections and no comment.
Public Comment: Staff has not received any public comment on the item.
RECOMMENDATION: Staff recommends approval of VAC-2021-000016 with the following
conditions;
Conditions of Approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense, or at the
expense of the property owner or developer.
2. A 20-foot utility easement is to be acquired for all utilities currently placed within the right-
of-way of Delaware Avenue.
Planning Commission
April 26,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 2 of 15
PLANNING COMMISSION ACTION: Required YES
Date: April 26, 2021 O Tabled 0 Forwarded O Denied
on consent agenda, with a
Motion: Paxton recommendation of approval
Second: Belden
JVote: 9-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Applicant Request Letter
• Applicant Petition to Vacate
• Site Exhibit — ROW to be vacated
• Site Exhibit — Proposed additional parking
• Oak Park Place Original Plat
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
April 26,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 3 of 15
July 31, 2019
TO: Fayetteville City Planning Commission &
Fayetteville City Council
RE: DELAWARE AVENUE RIGHT-OF-WAY VACATION APPLICATION
Fayetteville Public School District, as agreed upon by adjacent owner University of Arkansas, formally
petitions to vacate said right-of-way which is described as follows:
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST
QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION
16, THENCE ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SW 1/4, S
87"06'56" E — 349.18 FEET; THENCE LEAVING SAID SOUTH LINE, N 03"07'01" E
— 40.00 FEET TO THE SOUTHEAST CORNER OF THE DELAWARE AVE.
RIGHT— OF —WAY, PER THE RECORD PLAT OF OAK PARK PLACE (PLAT 5-
64), AND TO THE POINT OF BEGINNING (POB): THENCE ALONG THE SOUTH
RIGHT —OF— WAY OF DELAWARE AVE., N 81"09'26" W — 59.68 FEET TO THE
WEST RIGHT —OF— WAY OF DELAWARE AVE.; THENCE ALONG SAID WEST
RIGHT— OF —WAY, ALONG A NON —TANGENT CURVE TO THE LEFT, AN ARC
DISTANCE OF 30.80 FEET', SAID CURVE HAVING A RADIUS OF 20.00 FEET',
AND A CHORD BEARING AND DISTANCE OF N 47"13'51" E — 27.84 FEET;
THENCE CONTINUING ALONG SAID WEST RIGHT— OF —WAY, N 03"07'01" E —
396.69 FEET TO THE NORTH RIGHT— OF —WAY OF DELAWARE AVE.;
THENCE LEAVING SAID WEST RIGHT— OF —WAY, S 86"53'03" E — 40.00 FEET,
ALONG SAID NORTH RIGHT— OF —WAY, TO THE EAST RIGHT— OF —WAY OF
DELAWARE AVE.; THENCE LEAVING SAID NORTH RIGHT —OF— WAY, S
03"07'01" W — 422.63 FEET, ALONG SAID EAST RIGHT —OF— WAY, TO THE
POINT OF BEGINNING (POB), CONTAINING 16,930 SQ. FT., OR 0.39 ACRES.
Fayetteville Public Schools engaged McClelland Consulting Engineers late 2018 to assess the feasibility of
expanding parking facilities on the Fayetteville High School campus. Three (3) locations were identified as
feasible locations for development. Construction on two of the three locations identified will be completed
before the 2019-2020 school year in August of 2019. The development of the remaining third location will
be pursued next: situated immediately east of the Delaware Avenue right-of-way subject to this vacation,
south of the FHS baseball field, west of the administration building, and north of Bulldog Blvd.
In a pre -application meeting held at City of Fayetteville Planning on November 8, 2018, planning staff
recognized the opportunity to vacate the remaining Delaware Avenue right-of-way. Due to the nature of
growth of the City of Fayetteville and the campuses of the University of Arkansas and Fayetteville High
School since the original plat establishing Delaware Avenue, Delaware Avenue dead -ends into the middle of
U of A and FHS campuses: Ohio Street was closed per ordinance 2462, Virginia Avenue will be closed as
Page 1 of 2
Planning Commission
April 26,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 4 of 15
part of the realignment work recently performed on Stadium Drive, and the portion of South Harmon Drive
sought of Clinton Drive has been vacated.
It is the intent of the applicant to maintain a shared utility easement along the centerline of the right-of-way
proposed to be vacated. One known use for this easement is to provide additional underground electric
service to serve both the University of Arkansas and Fayetteville High School. Additionally, the vacation of
Delaware Avenue right-of-way will provide more space to be used as additional parking for Fayetteville
High School
It is the belief of the applicant that the vacation of Delaware right-of-way will not adversely impact public
interest and welfare. We appreciate your time and consideration of this endeavor.
Respectfully,
Zach Hixson, El
McClelland Consulting Engineers, Inc.
On behalf of Fayetteville Public Schools
Page 2 of 2
Planning Commission
April 26,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 5 of 15
RIGHT-OF-WAY VACATION PETITION
PETITION TO VACATE DELAWARE AVENUE RIGHT-OF-WAY LOCATED IN THE CITY OF
FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City PlanningCommission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the Delaware Avenue right-of-way hereinafter
sought to be abandoned and vacated, lying in Fayetteville, Arkansas, a municipal corporation, petition to vacate
said right-of-way which is described as follows:
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW
1/4) OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE NW 1/4 OF THE SW 1/4 OF SAID SECTION 16, THENCE ALONG THE
SOUTH LINE OF SAID NW 1/4 OF THE SW 1/4, S 87"06'56" E —
349.18 FEET; THENCE LEAVING SAID SOUTH LINE, N 03"07'01" E — 40.00 FEET TO THE
SOUTHEAST CORNER OF THE DELAWARE AVE. RIGHT— OF —WAY, PER THE
RECORD PLAT OF OAK PARK PLACE (PLAT 5-64), AND TO THE POINT OF
BEGINNING (POB): THENCE ALONG THE SOUTH RIGHT —OF— WAY OF DELAWARE
AVE., N 81 "09'26" W — 59.68 FEET TO THE WEST RIGHT —OF— WAY OF DELAWARE
AVE.; THENCE ALONG SAID WEST RIGHT— OF —WAY, ALONG A NON —TANGENT
CURVE TO THE LEFT, AN ARC DISTANCE OF 30.80 FEET', SAID CURVE HAVING A
RADIUS OF 20.00 FEET', AND A CHORD BEARING AND DISTANCE OF N 47"13'51" E
— 27.84 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT— OF —WAY, N
03"07'01" E — 396.69 FEET TO THE NORTH RIGHT— OF —WAY OF DELAWARE AVE.;
THENCE LEAVING SAID WEST RIGHT— OF —WAY, S 86"53'03" E — 40.00 FEET, ALONG
SAID NORTH RIGHT— OF —WAY, TO THE EAST RIGHT— OF —WAY OF DELAWARE
AVE.; THENCE LEAVING SAID NORTH RIGHT —OF— WAY, S 03"07'01" W — 422.63
FEET, ALONG SAID EAST RIGHT —OF— WAY, TO THE POINT OF BEGINNING (POB),
CONTAINING 16,930 SQ. FT., OR 0.39 ACRES.
That the abutting real estate affected by said abandonment of the right -of way are educational institutions 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 the above described right-of-way.
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 approved by law.
The petitioners further pray that the above described real estate be vested in the abutting property owners as
provided by law.
Page 1 of 2
RIGHT-OF-WAY VACATION PETITION
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 to said real estate sought to be 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 right-of-way.
Dated this 30 day of July 2(1 19
Zach Hixson, Ell - On Behalf Of Fayetteville Public Schools
Printed Na e
SiVure
Page 2 of 2
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BOUNDARY
+ SURVEY OF
Ir i WASHNGTON
II ,r COUNTY
PARCELS
765-14426-000 &
7/.5110iL17JYY1
_ 11 /!.l' 21119
LEE SCHOOL YrnL c': elx nllnl
F1 SE CORNER NM/4, SWI/1 1"=GO' 19?IZ.1
4435-WO SECTION 16 T-16-N. R-_1 -W
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-WASH MOTOR COUNTY TAX ASSESSOR LISTS PARCEL 65-09307-000 AS LOT 119 OF OAK PARK PLACE.
WACO TITLE DOCUMENT SEARCH #1907150-102 PROM D QUITCLAIM DEEDS 417-815 S. 417-616 FOR THE
PARCEL. THE DEEDS REFERENCE LOT 119 OF OAK PARK PLACE AS 'SHOWN AND DESIGNATED UPON THE
MAP OF THE CITY OF FAYETTEVILLE. COMPILED BY W.C. SMITH, ENGINEER'. LOT 119 IS NOT SHOWN ON ANY
OF THE FOUR RECORDED PLATS OF OAK PARK PUCE (4-123/133. 5-63/64). W.C. SMITH'S MAP OF
FAYETTEVILLE COULD NOT BE LOCATED, BUT THE COUNTY COURT PLAT OF THE NW 1/4 OF THE SW 1/4 OF
S16-TIN-1130W FROM 1927 INDICATES A LOT 119 SOUTH OF FLORIDA AVE, (CURRENTLY BULLDOG AVE.)
THIS FITS WITH THE DESCRIPTION OF DEEDS 417-615 ! 417-818. THEREFORE. IT APPEARS THAT THIS
PARCEL IS NOT LOT 119 OF OAK PARK PLACE, FURTHER RESEARCH YIELDED DEED 212-422, WHICH
CONVEYS THE SOUTHERN PORTION OF THE PARCEL TO FAYETTEVILLE SCHOOL DISTRICT /1. NO DEED
RECORD WAS FOUND TO CONVEY THE NORTHERN PORTION OF THE PARCEL. BUT THE PREVIOUSLY
MENTIONED COUNTY COURT PLAT SHOWS THE AREA TO BE CONTIGUOUS WITH THE AREA CONVEYED BY
DEED 212-422. THE BOUNDARY OF THE AREA SHOWN HEREON WAS CREATED BY PLOTTING THE DEEDS AND
PUTS FOR THE SURROUNDING PARCELS THIS AREA IS CURRENTLY BEING OCCUPIED BY FAYETTEVILLE
SCHOOL DISTRICT IF.
- - -
Isom
- PROPERTY LINE
- -
- - - PARCEL LINE
-
- - DEED LINE
LOT LINE
- SANITARY SEWER LINE
WATER LINE
GAS LINE
UNDERGROUND CABLE
aw-
OVERHEAD ELECTRIC
FENCE
ROAD CENTERLINE
DITCH FLOWLINE
@)
FIRE HYDRANT
WATER METER
."A
WATER VALVE
WATER FAUCET
SANITARY SEWER MIA
CLEAN -OUT
DRAINAGE MH
POWER POLE
GUY WIRE WITH ANCHOR
GAS METER
GAS RISER
STREET LIGHT POLE
,.
TELEPHONE PEDESTAL
P-
CABLE TV PEDESTAL
SIGN (AS NOTED)
.1
POST (AS NOTED)
7 1
BENCHMARK
O
FOUND IRON PIN (AS NOTED)
CONTROL POINT
0o
RR SPIKE
p
BUSH
3
TREE
PART OF PARCEL /765-09307-000:
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST OUARTER OF SECTION SIXTEEN (16)IN TOWNSHIP SIXTEEN (15)
NORTH, OF RANGE THIRTY (30) WEST, DESCRIBED AS FOLLOWS BEGINNING AT A POINT WHICH IS ONE HUNDRED (100) FEET
NORTH AND THREE HUNDRED THIRTY (330) FEET WEST OF THE SOUTH EAST CORNER OF SAID FORTY ACRE TRACT, AND
RUNNING. THENCE NORTH THREE HUNDRED SIXTY (360) FEET; THENCE WEST TWO HUNDRED SEVENTY (270) FEET; THENCE NORTH
TWO HUNDRED (200) FEET; THENCE WEST SIXTY (50) FEET; THENCE SOUTH FIVE HUNDRED SIXTY (550) FEET; THENCE EAST
THREE HUNDRED THIRTY (330) FEET TO THE PLACE OF BEGINNING AND BEING SITUATE IN THE CITY OF FAYETTEVILLE,
CONTAINING FOUR AND TWENTY HUNDREDTHS (4.2D) ACRES MORE OR LESS.
ci
PARCEL /7 28-000: AT A POINT BEGINNING AT A POINT WHICH IS 380RT FEET EAST AND 40 FEET NORTH THE SOUTHWEST CORNER OF THE
Q
HNMTHMST
WARIER O THE SOUTHWEST QUARTER OF SEC. 16 TWP. 18 NORTH RANGE JO WEST, RUNNING THENCE NORTH 420 FEET;
R N FEE
2 CIS
THENCE ALONG THE NORTH UK OF THE GRANTOR'S LAND, EAST 300 FEET, MORE OR LESS, TO THE NORTHEAST CORNER;
Z In
-
THENCE SOUTH 360 FEET; THENCE EAST 620 FEET MORE OR LESS TO DORGAN ST.; THENCE SOUTH 100 [SC] FEET TO THE
-_
FORTY LINE, THENCE WEST ON THE FORTY LINE 123E FEET, MORE OR LESS. TO GARLAND AVENUE: THENCE NORTH 40 FEET;
THENCE EAST 310 FEET, MORE OR LESS, TO THE PONT OF BEGINNING. ALL OF SAID LAND HEREIN CONVEYED BEING A PART O
Lu
_
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SEC. 16 TWP. 16 NORTH RANGE 30 WEST.
y
I`n
•c_ci HR D PROP RTY DESCRIPTION
A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 16 NORTH,
V LNJ
RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW
1/4 OF THE SW 1/4 OF SAID SECTION 16. THENCE ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SW 1/4. S 8708'56' E -
349.18 FEET; THENCE LEAVING SAID SOUTH LINE. N 03VY01- E - 40.0) FEET TO THE SOUTHEAST CORNER OF THE DELAWARE
AVE. RIGHT-OF-WAY, PER THE RECORD PLAT OF OAK PARK PLACE (PUT 5-64). AND TO THE POINT OF BEGINNING (POB):
THENCE ALONG THE EAST RIGHT-OF-WAY OF DELAWARE AVE.. N 03'07'Dt' E - 422.63 FEET TO THE NORTH RIGHT-OF-WAY OF
e
=
DELAWARE AVE.; THENCE LEAVING SAID EAST RIGHT-OF-WAY, N 81 W - 40.DO FEET ALONG SAID NORTH RIGHT-OF-WAY
-
TO THE EAST RIGHT-OF-WAY OF THE VACATED OIIO ST. (ORD. 973-484); THENCE LEAVING SAID NORTH RIGHT-OF-WAY,
u
S 0397'01' W - 20.00 FEET ALONG THE EAST RIGHT-OF-WAY OF VACATED OHIO ST. TO THE CENTERLINE OF THE VACATED
OIIO ST, THENCE LEAVING SAND EAST RIGHT-OF-WAY. N 8653'O3- IN - 88.79 FEET, ALONG SAID CENTERUNE; THENCE LEAVING
SAID CENTERLINE. N 025Y40' E - 412.56 FEET TO THE NORTHEAST CORNER OF LOT 510 OF OAK PARK PLACE; THENCE
c
S 87TD7'AS. E - 428.64 FEET TO THE SOUTHEAST CORNER OF LOT 300 OF OAK PARK PUCE AND THE WEST LINE OF I.W.
DUNCAN'S ADDITION (PUT 4-192); THENCE ALONG SAID WEST LINE, S 0253'15' W - 196.00 FEET TO THE SOUTH UNE OF I.W.
DUNCAN'S ADDITION; THENCE LEAVING SAID WEST LINE, S 87'06'45' E - 59.97 FEET ALONG SAID SOUTH LINE; THENCE LEAVING
F ,
SAID SOUTH LINE, S 02'S3'04' W - 199.81 FEET; THENCE S 87YM'S8' E - 270.00 FEET; THENCE S 0253'D4' W - 360.OD
FEET; THENCE N 87'OB'56' W - 330.00 FEET; THENCE S 02'53'15' W - 60.00 FEET TO THE NORTH RIGHT-OF-WAY OF
BULLDOG AVE.; THENCE ALONG SAID NORTH RIGHT-OF-WAY, N 87'06'56' W - 30D.00 FEET TO THE POINT OF BEGINNING (POB),
CONTAINING 426.781 SO, FT., OR 9.I0 ACRES.
C
A PART O THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 16. TOWNSHIP 16 NORTH,
wll
RANGE 30 WEST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NW
.--1
1/4 OF THE SW 1/4 O SAID SECTION 16. THENCE ALONG THE SOUTH LINE OF SAID NW 1/4 OF THE SW 1/4. S 871DG-56- E -
349.18 FEET; THENCE LEAVING SAID SOUTH LINE. N 031DY01' E - 40.00 FEET TO THE SOUTHEAST CORNER OF THE DELAWARE
Q
AVE. SIGHT -OF -WAY, PER THE RECORD PLAT OF OAK PARK PLACE (PLAT 5-64). AND TO THE POINT OF BEGINNING (PCB):
11
THENCE ALONG THE SOUTH RIGHT-OF-WAY OF DELAWARE AVE.. N 81W'26' W - 59.68 FEET TO THE WEST RIGHT-OF-WAY O
DELAWARE AVE.; THENCE ALONG SAID WEST RIGHT-OF-WAY. ALONG A NON -TANGENT CURVE TO THE LEFT. AN ARC DISTANCE
W ^'1
F"'1
OF30.80 FET, SAID CURVE HAVING A RADIUS OF20,00 FEET, AND A CHORD BEARING AND DISTANCE OF 4TI3'51' E -
F,.y OO
0
27.64 FEET;ETHENCE CONTINUING ALONG SAID WEST RIGHT-OF-WAY, N 0307'01' E - 396.69 FEET TO THE NORTH
RIGHT-OF-WAY O DELAWARE AVE.; THENCE LEAVING SAID WEST RIG IT-O-WAY, S 8653'03' E - 40DO FEET, ALONG SAID
NORTH RIGHT-O-WAY, TO THE EAST RIGHT-O-WAY OF DELAWARE AVE.; THENCE LEAVING SAID NORTH RIGHT-O-WAY,
S 030Tp1' W - 422.63 FEET. ALONG SAID EAST RIGHT-OF-WAY, TO THE PONT O BEGINNING (POB), CONTAINING 16.930 SQ.
col
[]¢H
FT.. OR 0.39 ACRES.
�I
SURVEY Y NOTES
t PROPERTY OWNER: FAYETTEVILLE SCHOOL DISTRICT #1-
WASHINGTON COUNTY TAX ASSESSOR PARCELS /755-00307-000 a 765-14425-000
PROPERTY ADDRESS 1000 W. BULLDOG AVE. FAYETTEVILLE AR, 72701
MAILING ADDRESS PO BOX 849 FAYETTEVILLE AR, 72702-0849
2. DOCUMENTS RENEWED:
21. WARRANTY DEEDS209-638, 212-422417-515. 417-616. 431-577, 492-219
2.2. SURVEYS/PLATS: COUNTY COURT PLAT NW/SW SIG-T6N-R3OW, 4-123, 4-133,
4-192, 5-63. 5-64. 2012-857,
2.3. EASEMENT DOCUMENTS 24A-19, 2013-19583
3. ALL REFERENCES ON THIS PLAT ARE TO THE RECORDS O WASHINGTON COUNTY, AR,
UNLESS OTHERWISE NOTED
4. THIS PROPERTY IS NOT WITHIN ANY FLOOD ZONE AS SHOWN ON THE FEDERAL
EMERGENCY MANAGEMENT FLOOD INSURANCE RATE MAP 00,514300220, EFFECTIVE
04/02/2008.
5. PROPERTY ZONED 'P-1' INSTITUTIONAL
6. BASIS O BEARING: ARKANSAS STATE PLANE COORDINATE SYSTEM 1983, NORTH
ZONE 0301
SURVEYOR'S CERTIFICATION'
THIS IS TO CERTIFY THAT THIS MAP OR PUT AND THE SURVEY ON
WHICH 17 IS BASED. WAS COMPLETED UNDER MY SUPERVISION, AND
THAT THE CORNERS WERE FOUND OR SET. AS SHOWN, TO THE BEST
OF MY PROFESSIONAL KNOWLEDGE AND ABILITY. THE FIELD WORK WAS
COMPLETED ON MAY 1. 2012.
\1\IIII Soo',ONN
5TA'D?OF
O ARK SAS
N. II16 t,z
0 on =
JUSTIN TAFFNER-;
ARK PLS / IBIS is h�
JULY 19. 2019
,A'AA'AAENFI UNIIIIIIIIN\\Y•````
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BOUNDARY
SURVEY OF
No. 24
WASNGTON
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"NNnunnM\•`••••••
COUNTY
PARCELS
765-14426-000 &
NPdRIANi NONE _B W Hsu, P,P, I I �, IKt1W M1'.
DESCRIPTION AND SIZE UE ALL ABOVEGROUND AND UNDERGROUND EALKIN E CARE
AND UOLHDE$ HAVE
BEEN NTIERYNED IRIN DUE LAKE AND URIGENLE. USNG U. II
CURRENT NECNN/UUES. EOWPYENi AND PRIER ACCURACY /11I 1' 'HIIY
CUR IRIX PROCEDURES HOWEVER, INFORMATIONN SHOWN
HERE UN IS NorF IN wXRCCURACIES FU UE coRLACK
OF N N nNC D OF IAK . -U.. HUx nI NlNu
BECAUSE O INACCURACIES IN OR LACK O FittD DATA S IH„-H60. 19712T
YAPS AND UHF INABKIIY ICI YEREFY N THEARE
fHFO. PERSEWS
USNG NED AIAUON CONTAINED HEREON ARC HfRFRY 02
CAUTIONED ACCORMNUY
PLAN SCALE �W 0
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Plannim
&ril 26,2021
"""'A&nda Item 11
VAC-21-000016 Delaware Ave ROW
Page 11 of 15
(Page I of 1)
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Planning Commission
April 26,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 12 of 15
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 13 of 15
VAC-2021-000016 I Delaware Ave. Right -of -Way
Close Up View
R
CARLSON DR
Neighborhood Link
Institutional Master Plan
Planning Area
Fayetteville City Limits
Y tY
Trail (Proposed)
Feet
0 75 150 300 450
1 inch = 200 feet
.� BUL-L•DOG•BL•VD
= R
U
NORTH
RMF-24
RMF-40
C-2
P-1
600
Planning
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 14 of 15
VAC-2021-000016
Current Land Use
coo ,
0S1P��
IFA
Delaware Ave. Right -of -Way
NORTH
DWAR E AV E
r ro +
r .
Institutional
�'�a/
Undeveloped
JSubject
Property
a.
r
\. DULLDOG E3L1/fJ
_ --
—'
- r
FHS
Neighborhood Link
Institutional Master Plan
- Trail (Proposed)
Planning Area
Fayetteville City Limits
Feet
0 35 70 140 210 280
1 inch = 100 feet
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Planning Planning Commission
Ap 6,2021
Agenda Item 11
VAC-21-000016 Delaware Ave ROW
Page 15 of 15
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 6437
Was inserted in the Regular Edition on:
May 23, 2021
Publication Charges: $110.96
Brittany mith
Subscribed and sworn to before me
This 24day of 14 , 2021.
� Cathy Wiles
Benton COUNTY
NOTARY PUBLIC —ARKANSAS
Notary Public My Commission Expires 02-20-2024
My Commission Expires: 2aLo% Commission No, 12397118
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6437
File Number: 2021.0343
VAC-2021-016(1000 W. BULLDOG
BLVD./DELAWARE AVE. R-O-W):
AN ORDINANCE TO APPROVE VAC
21-016 FOR PROPERTY LOCATED
AT 1000 WEST BULLDOG
BOULEVARD TO VACATE A
PORTION OF PUBLIC RIGHT-OF-
WAY
WHEREAS, the City Council has the
authority under A.C.A. Q 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 public right-of-way is not
required for corporate purposes.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETI'EVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
vacates the portions of street and alley
right-of-way as described in Exhibit B
attached to the Planning Department's
memo.
Section 2: A copy of this Ordinance
duly certified by the City Clerk along
with the map attached as Exhibit A to
the Planning Department's memo shall
be filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation approval is
subject to the following conditions:
1. Any damage or relocation of
existing facilities will be at the
applicant's expense, or at the expense of
the property owner or developer,
2. A 20-foot utility easement
;shall be dedicated for all utilities
currently located within the right-of-way
of Delaware Avenue.
PASSED and APPROVED on
5/18/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75420975 May 23, 2021