HomeMy WebLinkAboutOrdinance 6468IIIIIII Illill III IIIII IIIII IIIII Iliil Ilill IIIII IIIII IIIII IIIII IIIII IIIII illl IIII
Doc ID: 020091180004 Type: REL
Kind: ORDINANCE
Recorded: 08/30/2021 at 04:13:46 PM
Fee Amt: $30.00 Pape i of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2021-00033439
File Number: 2021-0589
pF FAYF
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RkAhSA
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6468
VAC-2021-020 (61 S. HARMON RD./FHS PROPERTIES):
ARCHIVED
AN ORDINANCE TO APPROVE VAC 21-020 FOR PROPERTY LOCATED ADJACENT TO
61 SOUTH HARMON ROAD TO VACATE A PORTION OF AN ALLEY 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 an alley
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 to or relocation of existing utilities or existing facilities will be at the applicant's
expense, or at the expense of the property owner or developer.
2. The vacation shall only be effective upon the consent of all adjacent property owners.
Page 1 Printed on 8118121
Ordinance 6468
File Number 2021-0589
PASSED and APPROVED on 8/17/2021
Attest: � I i r r r r rrf�
GOER K ; % l�i
JYC
Kara Paxton, City Clerk Treasur6t4: 9 `E
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Page 2 Printed on 8118121
VAC-2021-000020
FHS
Properties
AC-2021-000020
Close Up View
EXHIBIT 'A'
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RMF-40
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Downtown General
Planning Area
0 55 110
220 330
440
P-1
L _ � Fayetteville City Limits
1 inch = 150 feet
--- Shared -use Paved Trail
VAC-2021-000020
EXHIBIT 'B'
ALLEY NORTH OF BLOCKS 7 and 8 TO BE VACATED
A PART OF THE 20 FOOT ALLEY ADJACENT TO THE NORTH LINE OF BLOCKS 7 AND 8
IN THE I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, IN WASHINGTON
COUNTY, ARKANSAS, AS DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT
BOOK 4, PAGE 192; THE SAID PART BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 8, LOT 1 OF THE SAID I.W.
DUNCAN'S ADDITION, MARKED BY A SET 1/2" REBAR AND PLASTIC CAP; THENCE
NO2°09'08"E 20.00 FEET TO A SET 1/2" REBAR AND PLASTIC CAP AT THE SOUTHWEST
CORNER OF LOT 207 OF THE REVISED OAK PARK PLACE SUBDIVISION IN THE CITY OF
FAYETTEVILLE, AS DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT BOOK
5, PAGE 64; THENCE, ALONG THE SOUTH LINE OF THE SAID REVISED OAK PARK
PLACE, S87050'52"E 346.03 FEET, PASSING AT 149.21 FEET A FOUND 2" IRON POST,
7 FEET TALL, TO THE WEST LINE OF HARMON AVENUE; THENCE LEAVING THE SOUTH
LINE, ALONG THE SAID WEST LINE OF HARMON AVENUE, S03012'00"W 20.00 FEET TO
THE NORTH LINE OF BLOCK 7, LOT 7 OF THE SAID I.W. DUNCAN'S ADDITION; THENCE,
ALONG THE SAID NORTH LINE OF BLOCKS 7 AND 8 OF I.W. DUNCAN'S ADDITION,
N87050'52"W 345.66 FEET TO THE POINT OF BEGINNING, ENCLOSING 6,917 SQUARE
FEET, OR 0.159 ACRES.
Washington County, AR
I certify this instrument was filed on
08/30/2021 0413:46 PM
and recorded in Real Estate
File Number 2021-00033439
Kyle Sylvester - Circuit Clerk
b
Y
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0589
Agenda Date: 8/17/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
VAC-2021-020 (61 S. HARMON RD./FHS PROPERTIES):
AN ORDINANCE TO APPROVE VAC 21-020 FOR PROPERTY LOCATED ADJACENT TO 61
SOUTH HARMON ROAD TO VACATE A PORTION OF AN ALLEY 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 an alley 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 to or relocation of existing utilities or existing facilities will be at the applicant's expense, or at
the expense of the property owner or developer.
2. The vacation shall only be effective upon the consent of all adjacent property owners.
City of Fayetteville, Arkansas Page 1 Printed on 811812021
City of Fayetteville Staff Review Form
2021-0589
Legistar File ID
8/17/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/30/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2021-000020: Vacation (61 S. HARMON RD./FHS PROPERTIES, 522): Submitted by MCCLELLAND ENGINEERS,
INC. for right of way adjacent to 61 S. HARMON RD. The property is zoned P-1, INSTITUTIONAL and contains
approximately 0.16 acres. The request is to vacate a portion of an alley right of way.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 17, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: July 30, 2021
CITY COUNCIL MEMO
SUBJECT: VAC-2021-000020: Vacation (61 S. HARMON RD./FHS PROPERTIES, 522):
Submitted by MCCLELLAND ENGINEERS, INC. for right of way adjacent to 61 S.
HARMON RD. The property is zoned P-1, INSTITUTIONAL and contains
approximately 0.16 acres. The request is to vacate a portion of an alley right of
way.
RECOMMENDATION:
Staff and Planning Commission recommends approval of VAC-2021-000020 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. Adjacent property owner consent must be on file with City staff.
BACKGROUND:
The subject property includes 0.159 acres of unbuilt alley right-of-way located within the
Fayetteville Public High School campus. Washington County records suggest the right-of-way
may have been platted as early as 1904 with the Duncan's Addition. Of the surrounding parcels,
only one is still in private ownership; the remaining are owned by either the Fayetteville School
District or the University of Arkansas. All of the surrounding property that is owned by Fayetteville
School District was recently rezoned to P-1, Institutional by City Council in June 15, 2021; given
the typical 31-day holding period for rezoning actions to take effect, City zoning maps have yet to
reflect that change.
Request: The applicant proposes to vacate approximately 150 linear feet of public right-of-way,
totaling 0.159 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 requested area is almost fully surrounded by
the institutional use of the Fayetteville High School, the right-of-way as it stands no longer serves
the purpose of neighborhood connectivity. Fayetteville High School intends to complete publicly
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
funded renovations to their athletic complex, and an associated large-scale development has
been submitted and is currently under review for this site. The vacation of right-of-way at this
location will help facilitate this impending redevelopment.
The applicant has submitted the required vacation forms to the relevant City departments and
franchise utility companies. Adjacent property owner consent is also required for vacation; to date,
the applicant has supplied a response from the University of Arkansas, but has reported difficulty
in getting the adjacent private land -owner to respond. That said, the applicant has been in contact
with said property owner, and has reported that a signature is forthcoming. Staff recommends
that the item be forwarded to City Council with a recommendation of approval, with an added
condition that this consent be obtained prior to the item's approval.
DISCUSSION:
At the July 26, 2021 Planning Commission meeting, this item was forwarded to City Council with
a vote of 8-0-0, with a recommendation of approval, and the conditions as outlined at the
beginning of this report. Commissioner Garlock made the motion, and Commissioner Sparkman
seconded. Commissioners found that the request was appropriate from a land -use perspective,
though wanted to ensure that adjacent property owner consent was received prior to final
approval. No public comment was received at the meeting or prior.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
VAC-2021-000020
Close Up View
Is
— Neighborhood Link
Institutional Master Plan
Hillside -Hilltop Overlay District
- ` Planning Area
L — r Fayetteville City Limits
— — — Shared -Use Paved Trail
FHS Properties
— NOMENE Oak Ridgj�T�r'a
CENTER•ST
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Subject Property
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0 55 110 220 330 440
1 inch = 150 feet
W
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—TREADWELL ST
NORTH
R M F-24
RM F-40
Downtown General
P-1
ALLEY NORTH OF BLOCKS 7 and 8 TO BE VACATED
A PART OF THE 20 FOOT ALLEY ADJACENT TO THE NORTH LINE OF BLOCKS 7 AND 8
IN THE I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, IN WASHINGTON
COUNTY, ARKANSAS, AS DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT
BOOK 4, PAGE 192; THE SAID PART BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 8, LOT 1 OF THE SAID I.W.
DUNCAN'S ADDITION, MARKED BY A SET 1/2" REBAR AND PLASTIC CAP; THENCE
N02009'08"E 20.00 FEET TO A SET 1/2" REBAR AND PLASTIC CAP AT THE SOUTHWEST
CORNER OF LOT 207 OF THE REVISED OAK PARK PLACE SUBDIVISION IN THE CITY OF
FAYETTEVILLE, AS DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT BOOK
5, PAGE 64; THENCE, ALONG THE SOUTH LINE OF THE SAID REVISED OAK PARK
PLACE, S87°50'52"E 346.03 FEET, PASSING AT 149.21 FEET A FOUND 2" IRON POST,
7 FEET TALL, TO THE WEST LINE OF HARMON AVENUE; THENCE LEAVING THE SOUTH
LINE, ALONG THE SAID WEST LINE OF HARMON AVENUE, S03012'00"W 20.00 FEET TO
THE NORTH LINE OF BLOCK 7, LOT 7 OF THE SAID I.W. DUNCAN'S ADDITION; THENCE,
ALONG THE SAID NORTH LINE OF BLOCKS 7 AND 8 OF I.W. DUNCAN'S ADDITION,
N87050'52"W 345.66 FEET TO THE POINT OF BEGINNING, ENCLOSING 6,917 SQUARE
FEET, OR 0.159 ACRES.
CITY OF
ti FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: July 26, 2021 Updated with PC hearing results from 7/26/2021
SUBJECT: VAC-2021-000020: Vacation (61 S. HARMON RD./FHS PROPERTIES,
522): Submitted by MCCLELLAND ENGINEERS, INC. for right of way
adjacent to 61 S. HARMON RD. The property is zoned P-1,
INSTITUTIONAL and contains approximately 0.159 acres. The request is
to vacate a portion of an alley right of way.
RECOMMENDATION:
Staff recommends approval of VAC-2021-000020.
RECOMMENDED MOTION:
"I move to forward VAC-2021-000020 to City Council, with a recommendation of approval."
BACKGROUND:
The subject property includes 0.159 acres of unbuilt alley right-of-way located within the
Fayetteville Public High School campus. Washington County records suggest the right-of-way
may have been platted as early as 1904 with the Duncan's Addition. Of the surrounding parcels,
only one is still in private ownership; the remaining are owned by either the Fayetteville School
District or the University of Arkansas. All of the surrounding property that is owned by Fayetteville
School District was recently rezoned to P-1, Institutional by City Council in June 15, 2021; given
the typical 31-day holding period for rezoning actions to take effect, City zoning maps have yet to
reflect that change. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use/Zoning
Direction
Land Use
Zoning
North
Parking; Single -Family
Residential; Undeveloped
RMF-40, Residential Multi -Family, 40 Units per Acre;
RMF-24, Residential Multi -Family, 24 Units per Acre
South
Institutional
P-1, Institutional
East
Multi -Family Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
West
Institutional
RMF-24, Residential Multi -Family, 24 Units per Acre
Proposal: The applicant proposes to vacate approximately 150 linear feet of public right-of-way,
totaling 0.159 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.
Planning Commission
July 26, 2021
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 1 of 11
That said, staff finds that given the requested area is almost fully surrounded by the institutional
use of the Fayetteville High School, the right-of-way as it stands no longer serves the purpose of
neighborhood connectivity. Fayetteville High School intends to complete publicly funded
renovations to their athletic complex, and an associated large-scale development has been
submitted and is currently under review for this site. The vacation of right-of-way at this location
will help facilitate this impending redevelopment.
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; to date, the applicant has supplied a response from
the University of Arkansas, but has reported difficulty in getting the adjacent private land -owner
to respond. That said, the applicant has been in contact with said property owner, and has
reported that a signature is forthcoming. Staff recommends that the item be forwarded to City
Council with a recommendation of approval, with an added condition that this consent be obtained
prior to the item's placement on a City Council agenda.
Utility Response
Cox Communications No objections, provided that any damage or relocation of existing
facilities will be at the applicant's expense.
AEP/SWEPCO No objections and no comment.
BlackHills Energy AR No objections and no comment.
AT&T No objections and no comment.
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 to date on this item.
RECOMMENDATION: Staff recommends forwarding VAC-2021-000020 to City Council with a
recommendation of approval, 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. Adjacent property owner consent must be on file with City staff
Planning Commission
July 26, 2021
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 2 of 11
PLANNING COMMISSION ACTION: Required YES
Date: July 26, 2021 O Tabled Forwarded O Denied
with conditions as
Motion: Garlock recommended by staff,
Second: Sparkman with a change in condition
#2, outlining that the
Vote: 8-0-0 property owner consent is
101iG1 V VU, JLI In111y L1 1U
language as shown above.
BUDGET/STAFF IMPACT:
None
Attachments:
• Applicant Request Letter
• Petition to Vacate
• Exhibit — ROW to be vacated
• Historic Duncan Addition Plat
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
July 26, 2021
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 3 of 11
fflMcCLELLAND 1580 East Stearns Street
CONSULTING Fayetteville, AR 72703 "CE�(479) 443.2377 P 1 (479) 443.9241 F
ENGINEERS, INC. mce.us.com
March 31, 2021
Planning Commission
City of Fayetteville
125 West Mountain Street
Fayetteville, AR. 72701
Re: Alley Right -of -Way Vacation / Alan Fahring Activity Center / 61 S. Harmon Ave.
Dear Planning Commission Members,
This letter is in regards to the alley right-of-way vacation request concerning a 345 l.f. section
of 20' wide alley just to the north of the Alan Fahring Activity Center located at 61 S. Harmon
Avenue in Fayetteville, AR. The Fayetteville Public Schools plan on expanding the Bulldog
Academic & Athletic Center to the north and the proposed facilities expansion will conflict
with the existing alley right-of-way. There is currently no alley in this location and the area is
currently part of the existing Activity Center parking lot. This existing parking lot will be
renovated with the future BARC Center expansion.
It is the belief of the applicant that the vacation of the above -mentioned alley right -of way
will not adversely impact public interest and welfare. We appreciate your time and
consideration of this endeavor.
- r
Zach Hixson
Project Manager
zhixson@mce.us.com
Planning Commission
July 26, 2021
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 4 of 11
RIGHT-OF-WAY VACATION PETITION
PETITION TO VACATE A ALLEY RIGHT-OF-WAY LOCATED ADJACENT TO THE NORTH LINE OF
BLOCKS 7 AND 8 IN THE I.W. DUNCAN'S ADDTION TO THE 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 north line of blocks 7 & 8 of the
I.W. Duncan's Addition 20' wide alley 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 20 FOOT ALLEY ADJACENT TO THE NORTH LINE OF BLOCKS 7 AND 8 IN THE I.W.
DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AS
DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT BOOK 4, PAGE 192; THE SAID PART
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 8, LOT 1 OF THE SAID I.W. DUNCAN'S
ADDITION, MARKED BY A SET 1/2" REBAR AND PLASTIC CAP; THENCE NO2°09'08"E 20.00 FEET TO
A SET 1/2" REBAR AND PLASTIC CAP AT THE SOUTHWEST CORNER OF LOT 207 OF THE REVISED
OAK PARK PLACE SUBDIVISION IN THE CITY OF FAYETTEVILLE, AS DEPICTED ON A PLAT FILED IN
WASHINGTON COUNTY PLAT BOOK 5, PAGE 64; THENCE, ALONG THE SOUTH LINE OF THE SAID
REVISED OAK PARK PLACE, S87°50'52"E 346.03 FEET, PASSING AT 149.21 FEET A FOUND 2" IRON
POST, 7 FEET TALL, TO THE WEST LINE OF HARMON AVENUE; THENCE LEAVING THE SOUTH
LINE, ALONG THE SAID WEST LINE OF HARMON AVENUE, S03°12'00"W 20.00 FEET TO THE NORTH
LINE OF BLOCK 7, LOT 7 OF THE SAID I.W. DUNCAN'S ADDITION; THENCE, ALONG THE SAID
NORTH LINE OF BLOCKS 7 AND 8 OF I.W. DUNCAN'S ADDITION, N87°50'52"W 345.66 FEET TO THE
POINT OF BEGINNING, ENCLOSING 6,917 SQUARE FEET, OR 0.159 ACRES.
That the abutting real estate affected by said abandonment of the right -of way are Parcels 765-09313-
000, 765-09312-000, 765-09311-000, and 765-09310-000 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 request 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 request that the above described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request 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 31 day of March , 20 21
Zach Hixson, representing Fayetteville School District #1
P.; -+-,4 F I -
c
Page 1 of 1
Planning Commission
July 26, 2021
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 5 of 11
STATE SURVEYOR'S CODE:
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ftl. IS"R BAR I CLOSED TREADWELL SL &BUCHANNAN Ava.
R=144.DD'r D 141.28• / Ortl. 24829]3-0849-2]-]B R.O.W. �-
CH=N51'43'0�9"E, CD=135.68' -i---A _ _ —Ortl. 55022012-00018916ESMTs
T13 I T14 �\ /'� fd. 5/8-R BAR
S87ro7'26"E 115.90• �52
N=81291.238 ea3•
E=869,503.143 I O
��1LLL ' I \ I 765-04828-000 L
]85-09324-000 'REBAR WICAP I i------------ O
\ I]65-0916-00 FAYETTEVILLE SCHOOL DISTRICT#1 -M
UofA fd. REBAR W/CAP LS I FAVETi ILLE S O L DISTRICIf #1 per TAX ASSESSOR RECORDS M
2018-84]4 CIS 3.03' EAST from COR. /I i \ OI D 443- 31 2152 (as shown on survey 024A-00000019) I Opp
-___- 3
1}
1 W. 3/8'REBAR —__— � __�__ I ---T65-04815000---- _M
1 O/S 3.16'EAST from LINE % — — — _II FAYETTEVILLE SCHOOL DISTRICT#1
]85-09335000 / M
U-15 -- 20'W85 ESMTTO-19683, p0-...ASSESSOR
0---00—)
200]-15200 1� BV DOC. 2013-19583, - - - - (ass own on survey O
fit to existing atructuma i F------------- -tn
a �
765-0482 -100
- iPl
]-00IDIRECTO
U1fA OF-rAYETTEVR
y
2016-201 7-9-2] i i -
\S�0_ I' fd. 1/2"REBAR &
]65-09338-000 20' UTIL. ESMT TO C.O.F., I _ _ _ - - _ - _
G�UofA UT / BVPAT24A-19,fitoexistin9sWdures, r ---___
TO BE VACATED, AND DEDICATED PER THIS PLAT,-
Q P yb° 2001-144]15 N — — _
OQP(iA\39. N1 � o PLEASESEEDESCRIPTIONSFORDIMENSIO S
]65-09335-000 � / Pad f 765-.3010.0—
UofA p FAYETTEVILLE SCHOOL DISTRICT#1
2008-3653-- �a1 (as shown nsu-024A-0000001%
76509340-000 I I 1 14425-000
Ud" SCHOOL DISTRICT N0.1 OF FAYETTEVILLE, ARKANSAS
zolo-3to N86'S3'03"W 88.79'
1 WD 374-6171-22-07
765-09341-000 —� S03ro7'01"W 20.00'
UofA N86'53'03"W 40.00' (�
2015-15437 -�
CLOSED OH0 SL _ - -- - -
ON. 2462 973484
SUBJECT W 40' UTILITY ESMT -- --- — _ _ — _ _ _ fd. I
5 .11
NORTH HALF OF VACATED OHIO S[. 1 I �J'1 �;i0 ftl. REBAR W/CAP PLS 1005
PLEASE SEE SURVEYOR'S NOTE 3 m 1 AWA y1AB CLOSED BU HANNAN Ave. ftl.
]65D9332-000 _ �
UMA---
I
2000-87242
Y
O 1
¢
----
Ni
��a1a
Cy � aW
I
15-09331-000 li
UdA
zDO0oM7 �
3 A
o d
-
X12
I
I
S
1
1 P05
N-635,420.'
fd. W8-REBAR W/CAP PLS56
E=669,585.f
N80-26'28-W 4192 from COR.
349.18'
N03071
ED. SMOOTH 518'-3/4' ROD, LAID OVER
S.W. COR. NW/45W/6
Sec.16 T-18-N R-30-W
GRAPHIC SCALE
[O 4# tp
IN FM
1 Imh - 80 R"
PLEASE SEE Pg2 FOR LEGEND
OM.2462 ]34849-2]-78
NORT
0/ 0.30 NORTH
NORTH 100' of ESMT's
(NORTH PART ORIGINALLY per WD 205-589)
i
—
tl. CAR
]fi5-1462E-000
ATOP STON
FAVETTEVILLESCHOOL DISTRICT NO.ONE
WD 431-5]] 7-2551
T03
pad of ]650930]-000
THE SCHOOL DISTRICT OF FAVETT LLE
WD 212-022 55-23
ftl. 1.5" GALVANIZED
FENCE F
O/S 3.65' WEST of
765-14435-NO
FAYETTEVILLE SCHOOL DISTRICT NO.1
WD 683 499 7-27-66
765-14439-000
i FAYETTEVILLE SCHOOL DISTRICT NO.1
WD 673]-049 ]-1568
]65-14431-000
FAYETTEVILLE SCHOOL DISTRICT 41
WD 840.681.655
EA]fi5-1 632-000
ETTEVILLE S�HOOL DISTRICT N0.1
WD 1432-0
N87ro6'56"W 30
90
I_ — _ 1 _S02=3'04"W 60.51
11"E 39.99' Na7ro4'1 O"W 830.00' —I
ve —
BULLDOG A
- - VARIARI P R n re, 3
STATE OF ""•,,
Dn_ ARKANSAS
WC
51GNAl'URE C>, cr.I =
NI T04
�p
� O Na7roT1e"w
�I
ARTHUR H. & MADELYN
GRACE SKELTON, HNJ
OCD 431-245 ]-251
PLEASE SEE SURVEYOR'S NO
T06
NO2'53'04"
60.54•
N87-04'10"W 1
BUCHANNAN Ave. fd. REBAR W/CAp
DID NOT USE
30'R.O.W.
NO RECORD
ftl. 1/2" REBAR,
NORTH LINE of STREET,
O, /r S10.43' EAST of LINE
TREADIIELL St
50' R.O.W., NOT DEVELOPED
T01 ]6514425-000
FAYETTEVILLE SCHOOL DISTRICT NO. 1
WD 2019-00028377 9-19-19 (subject to VE &
a amt'aemaa Ml aom, aide;' nkeiy
eMingui.h.d)
T02 18514434-000 (WQ) ]65-14433-000 (El2)
FAYETTEVILLE SCHOOL DISTRICT NO. ONE
WD 1297-01911-30.88
T03 ]6514446-000
FAYETTEVILLE SCHOOL DISTRICT
NUMBER ONE WD 1203-05812-156 T12
T04 ]BS14443-000
FAYETTEVILLE SCHOOL DISTRICT
NUMBER ONE WD 120345812-1-86 Tr1
Toy ]651442s-0oo
FAYETTEVILLE SCHOOL DISTRICT NO.1
WD 9]-029811 s]-w
T06 76514444-000
PAUL GAYER PROPERTIES, LLC
WD 200100010112
T07 ]BS14442-000
DAVID GLENN COZART
WD 92-63504
T08 18514428400
BRIAN SIMMONS & SHONA SIMMONS, HIM
WD 201500026500
T09 7651.41000
JOAN I HICKERSON
RD 2020-0001]601
T10 765-1443"00
RICHARD WANN & JUANEVA WANN
WD 2018-00029871
T11 ]BS1442]-000
CHRISTIAN FAMILY SERVICES INC.
WD 2001-00005280
]65-14440-000 3
DEE. LLC O
QCD 2012-00038190, 0!
SURV12007-0001MO QtCOR.
h
S01'43'10"W '
RON PIPE O/S 3.67' EAST oS87'1 7"E 201_61'
REBAR
ofLINE
T01
D'X' N87ro4.25'W
EALL .
W fd. REBAR CIS 2.4o.
16
T07
FENCE POST to N,E,S
O/S 5.28' WEST of COR.
�TOS
01�.Li�2S,. FENCE POST io E&EAST of LINE
j T08
FENCE POST to N&E at COR. of STONE WALL
�O/S ].34' EAST of LINE
T10
END of FENCE to NORTH
O/S 13.1T EAST of LINE
T11
= 835,3]9.158
FD, PAINTED CONCRETE NAIL IN ASPH
S.E. COR. NWA SW/4
Sec.ifi 116-N R-30-W
�A
x
°FAYETTEVILLE
z
NO.
DAZE
NE„�OEESCRIP11aN
BOUNDARY SURVEY
PUBLIC
IffrECONSULTINGMcCLELLAND(n
ENGINEERS, INC.
s
\
o
SCHOOL DISTRICT #1
DESIGNED i05ERV
Planning Comm
a 1eQIXko ,zzo TJ
July 26,
FAYETTEVILLE, ARKANSAS
Agenda I
02021
H=://WWW.MCE.US.COM V
C-21-000020 (FHS Proof
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER I- SWAU, AND OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, IN THE CITY OF
FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, SAID PARTS ENCLOSING PART OF THE REVISED OAK PARK PLACE
SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND ENCLOSING PART OF THE I.W.
DUNCAN'S ADDITION TO THE CIITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192, THE SAID PART BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NWl4 SWA OF SECTION 16;
THENCE. ALONG THE SOUTH LINE OF THE NW/4 SW14, S87°O6'S6'E 349.18 FEET; THENCE LEAVING THE SOUTH LINE
NO3'0i'01'E 39.99 FEET TO A SET 1Y' REBAR WITH PLASTIC CAP AT THE POINT OF BEGINNING ALONG THE EAST LINE OF
DELAWARE AVENUE; THENCE ALONG THE EAST, NORTH, AND WEST LINES OF DELAWARE AVENUE FOR THE FOLLOWING
COURSES: NO3-OT01"E 422.64 FEET TO A SET 1l2' REBAR WITH PLASTIC CAP; THENCE NH-53.03-W 40.00 FEET TO A SET
12" REBAR WITH PLASTIC CAP; THENCE S03-07'01'W 20.00 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE
NORTHEAST CORNER OF THE UNIVERSITY OF ARKANSAS 1UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY
DOCUMENT 2000-OB7242; THENCE ALONG THE NORTH LINE OF THE SAID UA PROPERTY NU-53-03-W 88.79 FEET TO A SET
1/2' REBAR WITH PLASTIC CAP; THENCE, ALONG THE EXTENDED EAST LINE OF THE BALD REVISED OAT PARK PLACE,
NO2'S7'40"E 462.62 FEET TO A SET 12" REBAR WITH PLASTIC CAP ALONG THE NORTH LINE OF LOT 509 OF THE REVISED
OAK PARK PLACE; THENCE, ALONG THE EXTENDED NORTH LINE OF LOT 509, S87'OT26'E 115.90 FEET TO A FOUND 5/8'
REBAR ON THE FORMER CENTERLINE OF DELAWARE AVENUE, SAID DELAWARE AVENUE VACATED BY FAYETTEVILLE
CITY ORDINANCE 2462; THENCE ALONG THE SAID FORMER CENTERLINE OF DELAWARE AVENUE FOR THE FOLLOWING
FOUR COURSES: ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE SOUTHEAST, WITH A RADIUS
OF 144.00 FEET AND ARC LENGTH OF 141.28 FEET, FOR A CHORD OF N 5-TOW E 135.68 FEET TO A FOUND 518' REBAR;
THENCE LEAVING THE CURVE, ALONG A NON -TANGENT CURVE TO THE EAST, CONCAVE TO THE SOUTH, WITH A RADIUS
OF 144.00 FEET AND ARC LENGTH OF 29.69 FEET, FOR A CHORD OF N 84°0656' E 29.64 FEET TO A FOUND 518' REBAR;
THENCE LEAVING THE CURVE, ALONG A NON -TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE NORTHWEST,
WITH A RADIUS OF 20.00 FEET AND ARC LENGTH OF 30.55 FEET, FOR A CHORD OF N 46-22'33' E 27.67 FEET TO A FOUND
5l8REBAR; THENCE LEAVING THE CURVE NO2'46'OB'E 179.54 FEET TO A SET 1T' REBAR WITH PLASTIC CAP ALONG THE
SOUTH LINE OF CLINTON DRIVE; THENCE ALONG THE SAID SOUTH LINE OF CLINTON DRIVE FOR THE FOLLOWING TWO
COURSES: N47°4T45"E 227.71 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF MT.N FEET
AND ARC LENGTH OF 122.70 FEET FOR A CHORD OF N 54°12'37' E 122.44 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT
THE NORTHEAST CORNER OF LOT 206 OF THE REVISED OAK PARK PLACE; THENCE LEAVING THE CURVE, ALONG THE
EASTERLY LINE OF THE SAID LOT 206, S20-51'46'E 130.55 FEET TO A FOUND 2' IRON POST, T FEET TALL AT THE
SOUTHEAST CORNER OF LOT 206; THENCE, ALONG THE LINE COMMON TO THE REVISED OAK PARK PLACE AND TO I.W.
DUNCAN'S ADDITION FOR THE FOLLOWING TWO COURSES: N87'60'52'W149.21 FEET TOASET 1Y"REBAR WITH PLASTIC
CAP; THENCE S02'09'09W 20M FEET TO A SET 1/Y' REBAR WITH PLASTIC CAP AT THE NORTHWEST CORNER OF BLOCK 8
OF THE I.W. DUNCAN'S ADDITION; THENCE, ALONG THE NORTH LINES OF BLOCKS T AND 8 OF I.W. DUNCAN'S ADDITION,
887-50.52-E 441.10 FEET TO A SET 1/2" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF BLOCK T, LOT i OF I.W.
DUNCAN'S ADDITION; THENCE, ALONG THE EXTENDED EAST LINES OF BLOCK i, LOTS THRU 11 AND OF BLOCK 6, LOTS
THRU 12, ALL IN I W. DUNCAN'S ADDITION, S02-31.37-W U3.38 FEET TO A FOUND REBAR WITH PLASTIC CAP AT THE
SOUTHWEST CORNER OF THE DFP, LLC PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2012-00038190;
THENCE, ALONG THE SOUTH LINE OF THE SAID OFF, LLC PROPERTY, S87°1T2T'E 201.61 FEET TO A POINT ON THE WEST
LINE OF DUNCAN STREET WHICH IS N8i'iT2T'W 3.67 FEET FROM A FOUND PIPE; THENCE, ALONG THE WEST LINE OF
DUNCAN STREET. S01'43'10"W i261 FEET TO A POINT WHICH IS N87°04.25-W 249 FEET FROM A FOUND REBAR WITH
PLASTIC CAP; THENCE ALONG THE NORTH LINE OF THE PAUL GAYER PROPERTIES, LLC PROPERTY AS DESCRIBED IN
WASHINGTON COUNTY DOCUMENT 2007-00XU0112, N87°04.25-W 131.35 FEET TO A FOUND CARVED W ON A STONE WALL
AT THE NORTHWEST CORNER OF THE SAID PAUL GAYER PROPERTIES, LLC PROPERTY; THENCE 802-ST41-W 147.62 FEET
TO A SET ill" REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE DAVID GLENN COZART PROPERTY AS
DESCRIBED IN WASHINGTON COUNTY DOCUMENT 92-63SNE THENCE N87'07'19W 15.00 FEET TO A SET 1W REBAR WITH
PLASTIC CAP AT THE NORTHWEST CORNER OF THE BRAND AND SHONA SIMMONS PROPERTY AS DESCRIBED IN
WASHINGTON COUNTY DOCUMENT 2018-00026500; THENCE SM-52.41-W 199.08 FEET TO A SET 1/2'REBAR WITH PLASTIC
CAP ON THE NORTH LINE OF BULLDOG AVENUE AT THE SOUTHWEST CORNER OF THE CHRISTIAN FAMILY SERVICES
PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 200-M05280; THENCE, ALONG THE SAID NORTH LINE
OF BULLDOG AVENUE, N87'04'10'W 142.60 FEET; THENCE ALONG THE EAST, NORTH, AND WEST LINES OF BUCHANAN
AVENUE FOR THE FOLLOWING THREE COURSES: NO2-53YP"E60.54 FEET; THENCE N87'06'56'W W.00 FEET; THENCE
S02'5TWW 60.51 FEET; THENCE, ALONG THE NORTH LINE OF BULLDOG AVENUE, N87'04'10'W 630.00 FEET TO THE POINT
OF BEGINNING, ENCLOSING 993,065 SQUARE FEET, OR 22.798 ACRES.
ALLEY NORTH OF BLOCKS T - 8 TO BE VACATED
A PART OF THE 20 FOOT ALLEY ADJACENT TO THE NORTH LINE OF BLOCKS T AND BIN THE I.W. DUNCAN'S ADDITION TO
THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AS DEPICTED ON A PLAT FILED IN WASHINGTON
COUNTY PLAT BOOK 4, PAGE 192; THE SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF BLOCK 8, LOT 1 OF THE SAID I.W. OUNCAN'S ADDITION, MARKED BY A SET
12" REBAR AND PLASTIC CAP; THENCE NO2'09'08"E 20.00 FEET TO A SET 1/2' REBAR AND PLASTIC CAP AT THE
SOUTHWEST CORNER OF LOT 207 OF THE REVISED OAK PARK PLACE SUBDIVISION IN THE CITY OF FAYETTEVILLE, AS
DEPICTED ON A PLAT FILED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64; THENCE, ALONG THE SOUTH LINE OF THE
SAID REVISED OAK PARK PLACE, 887'50'52"E 346.03 FEET, PASSING AT 149.21 FEET A FOUND 2' IRON POST, T FEET TALL,
TO THE WEST LINE OF HARMON AVENUE; THENCE LEAVING THE SOUTH LINE, ALONG THE SAID WEST LINE OF HARMON
AVENUE, S03.12YVW 20- FEET TO THE NORTH LINE OF BLOCK i, LOT T OF THE SAID I.W. DUNCAN'S ADDITION; THENCE,
ALONG THE SAID NORTH LINE OF BLOCKS T AND 8 OF I.W. DUNCAN'S ADDITION, N87°50'52V 345.66 FEET TO THE POINT
OF BEGINNING, ENCLOSING 6,917 SQUARE FEET, OR 0.159 ACRES.
SURVEYOR'S NOTES:
1. THIS PROPERTY IS A COMBINATION OF 22 TRACTS, AND ALL OR PART OF 5 STREETS CLOSED BY ORDINANCE. THE
RECORD DESCRIPTIONS SHOW CONFLICTING BASES FOR BEARINGS, POINTS OF COMMENCEMENT, AND OFTEN ARE
BASED ON PLATS WITH UNREADABLE OR MISSING DIMENSIONS. FOR CLARITY ON THIS DRAWING, RECORD DIMENSIONS
HAVEBEENOMITTED. PLEASE REFER TO THE DOCUMENTS SHOWN FOR THE AVAILABLE RECORD DIMENSIONS.
2. THE TRACT SHOWN HERE AS T05, TAX PARCEL 765-144294KO. IS DESCRIBED INDEED 97-029811, SKELTON TO
SCHOOL DISTRICT, AS BEING 165' WEST OF THE 40 LINE. WHEN SKELTON PREVIOUSLY ACQUIRED THE TRACT, WITH
DEED 431-245, IT WAS DESCRIBED AS BEING 150' WEST OF THE 40 LINE. THE TRACTS TO THE EAST OF TO5, SHOWN HERE
AS T08, T09, T10, AND T11, WERE DESCRIBED VARIOUSLY AS BEING 150', 153', AND 16S WEST OF THE 40 LINE, AND THIS
CREATES UP TO A 15' OVERLAP WITH SOME OF THOSE TRACTS. IT APPEARS DEED 97-029811 WAS AN ATTEMPT TO
CORRECT THAT OVERLAP BY MOVING THE TRACT 1V TO THE WEST. THE TAX ASSESSOR'S MAP APPEARS TO SHOW THE
OVERLAP AREA AS BEING PART OF THE SCHOOL PROPERTY, BUT WE SAW NO DEED WHICH DESCRIBED THAT.
3. OHIO STREET WAS VACATED BY ORDINANCE 2462 (Eoc 973-784, 1978). ORIGINALLY PART OF THE OAK PARK PLACE
SUBDIVISION (plats 4-133, 564, from 1929), THE ENTIRE R.O.W. WOULD BE EXPECTED TO REVERT TO THE OWNERS
ADJACENT TO THE SOUTH, IN OAK PARK PLACE.
WHEN THE UVA ACQUIRED THE ADJACENT PROPERTY TO THE SOUTH BY DEED 2000-087242, THE DESCRIPTION
CALLED FOR "THE SOUTH HALF (S112) OF OHIO STREET" THIS REFERENCE TO THE SOUTH HALF WAS NOTED IN ALL THE
PRIOR DEEDS SUBSEQUENT TO THE 1978 ORDINANCE, THE PRESUMPTION BEING THAT THE NORTH HALF WENT TO THE
PROPERTY TO THE NORTH. SUBSEQUENT SURVEYS (024A-00000019, from 2013), AND THE WASHINGTON COUNTY TAX
ASSESSOR'S RECORDS, HAVE FOLLOWED, AND WE HAVE AGREED AS THE ADJACENT OWNERS TO THE SOUTH HAVE
MADE NO CLAIM ON THE NORTH HALF FOR SOME 40 YEARS.
THIS PRESUMPTION MAY NOT BE CORRECT. WHILE THE UdA DOES NOT HAVE A DEED TO THE NORTH HALF,
NEITHER DOES THE FAYETTEVILLE SCHOOL DISTRICT, AND A PRINCIPLE OF THE CONVEYANCE OF VACATED R.O.W.'s
HOLDS THAT THE INTENTION TO CONVEY SHOULD BE EXPRESSED IN THE GRANT. THE VACATED NORTH HALF OF OHIO
STREET MAY STILL BE HELD BY THE HEIRS OF THE OWNERS AT THE TIME OF VACATION: BENNY A. WINBORN AND
MILDRED B. WINBORN, HUSBAND AND WIFE, DEEDS 950-951 AND 950-952, BOTH FILED 1-31-T8.
PROJECT
I !'^I SITE
A 20 FOOT WIDE UTILITY EASEMENT ACROSS APART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
(NW/4 SWO), AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16. TOWNSHIP 16
NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS. AND PART OF THE
REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED IN WASHINGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF
THE I W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192, IT'S IN A LOT OF
PARTS; SAID EASEMENT BEING ACROSS PART OF THE FAYETTEVILLE SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT,
WITH THE PARENT TRACT AND EASEMENT BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A4X000019; AND THE
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS 10.0 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NW/4 5W14 OF SECTION 16;
THENCE, ALONG THE SOUTH LINE OF THE NWA SWA, S87°OB'S6°E 349.18 FEET; THENCE LEAVING THE SOUTH LINE
NO3'OT01"E 39.99 FEET TO A SET 112- REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE PARENT TRACT;
THENCE ALONG THE WEST LINES OF THE PARENT TRACT FOR THE FOLLOWING COURSES: NO3-0701-E 422.64 FEET TO
SET ill' REBAR WITH PLASTIC CAP; THENCE N86-53.03-W 40.00 FEET TO A SET 12" REBAR WITH PLASTIC CAP; THENCE
S03°07'011W 20.00 FEET TO A SET f l2' REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF
ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2wK,087242; THENCE ALONG THE
NORTH LINE OF THE SAID UA PROPERTY N86-53'03'W 88.79 FEET TO A SET 1/2' REBAR WITH PLASTIC CAP; THENCE,
ALONG THE EXTENDED EAST LINE OF THE SAID REVISED OAK PARK PLACE, NO2°57'40'E 182.98 FEET TO THE EASEMENT
CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE; THENCE LEAVING THE WEST LINE OF THE
PARENT TRACT AND FOLLOWING THE SAID SANITARY SEWER LINE FOR THE FOLLOWING COURSES:
N80'27'37'E 78.58 FEET, THENCE N51-18'08'E 315.63 FEET TO AN EXISTING SEWER MANHOLE, THENCE
S87°51.29-E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE 402°38'l i'E 227.16 FEET TO AN EXISTING SEWER
MANHOLE; THENCE N34'16'53'W 84.94 FEET TO AN EXISTING SEWER MANHOLE; THENCE N11'51YVE 90.37 FEET TO AN
EXISTING SEWER MANHOLE; THENCE N22°134M 88.30 FEET TO AN EXISTING SEWER MANHOLE; THENCE
N41-48.14-W 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE NORTH LINE OF THE PARENT TRACT
AND THE SOUTH LINE OF CLINTON DRIVE; THE SIDE LINES OF SAID EASEMENT EXTENDING TO AND TERMINATING AT THE
WEST AND NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT ENCLOSING 22,162 SQUARE FEET, OR 0.509
ACRES.
A 20 FOOT WIDE UTILITY EASEMENT ACROSS A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
I- SW/4), AND PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL IN SECTION 16, TOWNSHIP 16
NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, AND PART OF THE
REVISED OAK PARK PLACE SUBDIVISION AS DEPICTED IN WASH INGTON COUNTY PLAT BOOK 5, PAGE 64, AND PART OF
THE 1 W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE AS DEPICTED IN PLAT BOOK 4, PAGE 192; SAID EASEMENT
BEING ACROSS PART OF THE FAYETTEVILLE SCHOOL DISTRICT #1 TRACT, THE PARENT TRACT, WITH THE PARENT TRACT
BEING DEPICTED ON WASHINGTON COUNTY SURVEY 024A-000W019; AND THE EASEMENT BEING MORE PARTICULARLY
DESCRIBED AS 10.0 FEET ON EACH S1DE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A SMOOTH 3/4" ROD MARKING THE SOUTHWEST CORNER OF THE SAID NWA SWA OF SECTION 16;
THENCE, ALONG THE SOUTH LINE OF THE NWA SWA, 587'O6'S6'E 349.18 FEET; THENCE LEAVING THE SOUTH LINE
NO3'Oi'01"E 39.99 FEET TO A SET ill' REBAR WITH PLASTIC CAP AT THE SOUTHWEST CORNER OF THE PARENT TRACT;
THENCE ALONG THE WEST LINES OF THE PARENT TRACT FOR THE FOLLOWING COURSES: NO3°07'01'E 422.64 FEET TO
SET 1Y" REBAR WITH PLASTIC CAP; THENCE N86'S3'03'W 40M FEET TO A SET 1Z' REBAR WITH PLASTIC CAP; THENCE
S03'07'01 N✓ 20.00 FEET TO A SET 112" REBAR WITH PLASTIC CAP AT THE NORTHEAST CORNER OF THE UNIVERSITY OF
ARKANSAS (UA) PROPERTY AS DESCRIBED IN WASHINGTON COUNTY DOCUMENT 2WU872421 THENCE ALONG THE
NORTH LINE OF THE SAID UA PROPERTY N86°53'03'W 88.79 FEET TO A SET 112' REBAR WITH PLASTIC CAP: THENCE,
ALONG THE EXTENDED EAST LINE OF THE SAID REVISED OAT PARK PLACE, NO2-57'40-E 182.98 FEET TO THE EASEMENT
CENTERLINE POINT OF BEGINNING OVER AN EXISTING SANITARY SEWER LINE; THENCE LEAVING THE WEST LINE OF THE
PARENT TRACT AND FOLLOWING THE SAID SANITARY SEWER LINE FOR THE FOLLOWING COURSES:
N80'2T3T'E 78.58 FEET: THENCE N51-18.08-E 31563 FEET TO AN EXISTING SEWER MANHOLE; THENCE
M-51'29"E 192.29 FEET TO AN EXISTING SEWER MANHOLE; THENCE 402-Ml T"E 227.16 FEET TO AN EXISTING SEWER
MANHOLE; THENCE LEAVING THE EXISTING SEWER LINE N10-2T32"W 161.31 FEET TO AN EXISTING SEWER MANHOLE;
THENCE FOLLOWING THE EXISTING SEWER LINE FOR THE FOLLOWING COURSES: N22-13.46-W 88.30 FEET TO AN
EXISTING SEWER MANHOLE; THENCE N41°48'14" 30.85 FEET TO THE CENTERLINE POINT OF TERMINATION ALONG THE
NORTH LINE OF THE PARENT TRACT AND THE SOUTH LINE OF CLINTON DRIVE; THE SIDE LINES OF SAID EASEMENT
EXTENDING TO AND TERMINATING AT THE WEST AND NORTH LINES OF THE PARENT TRACT, AND THE EASEMENT
ENCLOSING 21,882 SQUARE FEET, OR 0.5112 ACRES.
GENERAL NOTES
PROPERTY OWNER AND ADDRESS:
FAYETTEVILLE SCHOOL DISTRICT #1
1WO W. BULLDOG AVE.
FAYETTEVILLE AR, 72701
MAILING ADDRESS: PO BOX 849 FAYETTEVILLE AR, 72702AS49
BASIS FOR BEARINGS IS THE ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE
FIELD WORK FOR THIS SURVEY WAS COMPLETED IN DECEMBER. 2020.
DOCUMENTS USED IN THE PREPARATION OF THIS SURVEY ARE AS SHOWN ON THE DRAWING. NO OTHER DOCUMENTS
WERE PROVIDED FOR, NOR ARE REFERENCED ON THIS SURVEY.
ADJACENT PROPERTY INFORMATION SHOWN HEREON IS FROM THE WASHINGTON COUNTY TAX ASSESSOR'S AND
CIRCUIT CLERK'S RECORDS AND HAS NOT BEEN VERIFIED BY MCCLELLAND ENGINEERS.
ALL EASEMENTS KNOWN TO MCCLELLAND CONSULTING ENGINEERS AT THE TIME OF THE SURVEY ARE SHOWN ON THE
DRAWING, BUT NO STATEMENT IS MADE AS TO THE COMPLETENESS OF THE EASEMENTS SHOWN. TRACT IS SUBJECT TO
EASEMENTS, RESTRICTIVE COVENANTS, SUBDIVISION RESTRICTIONS, AND PLANNING AND ZONING REGULATIONS OF
RECORD, IF ANY, AND IS SUBJECT TO SUCH FACTS AS AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE.
NO STATEMENT IS MADE CONCERNING SUBSURFACE CONDITIONS.
THIS SURVEY MEETS THE STATE OF ARKANSAS MINIMUM STANDARDS FOR GENERAL PROCEDURES AND FOR
POSITIONAL TOLERANCE FOR URBAN SURVEYS.
FLOOD HAZARD - ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FLOOD INSURANCE RATE
MAP (FIRM) FOR WASHINGTON COUNTY, ARKANSAS AND INCORPORATED AREAS, MAP 05143CO220F EFFECTIVE DATE
MAY 16.2W8. THIS PROPERTY LIES WITHIN ZONE X. AREA OF MINIMAL FLOOD HAZARD.
ZONING - P-1, INSTITUTIONAL
LEGEND
- - PROPERTY LINE
------
SECTION LINE (40 LINE)
-
------ RECORD PARCEL LINE
--
- - - - - - - RECORD INTERIOR LOT LINE
--
ROW LINE
-
- - EASEMENT LINE
O FOUND MONUMENT, TYPE AS NOTED
• SET MONUMENT
- 1/2" REBAR W/ PLASTIC CAP EXCEPT AS NOTED
A CALCULATED POINT
X FENCE CORNER POST
EXISTING BUILDINGS
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FAYETTEVILLE, ARKANSAS
PH.4,9 121„ PR»� 11On, .96.b9.o1
Agenda I
02021
H=://WWW.MCE.US.COM V
C-21-000020 (FHS ProDE
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Planning Commission
July 26, 2021
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 8 of 11
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 9 of 11
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 10 of 11
Agenda Item 9
VAC-21-000020 (FHS Properties)
Page 11 of 11
Received 08/17/21 8:29 AM
CityClerk
From:
CityClerk
Sent:
Tuesday, August 17, 2021 8:46 AM
To:
Bolinger, Bonnie; Pennington, Blake; Bunch, Sarah; CityClerk; Eads, Gail; Roberts, Gina;
Gutierrez, Sonia; Hertzberg, Holly; Batker, Jodi; Jones, D'Andre; Kinion, Mark; Johnson,
Kimberly; Rogers, Kristin; Williams, Kit; Branson, Lisa; Jordan, Lioneld; Mathis, Jeana;
Paxton, Kara; Petty, Matthew; Mulford, Patti; Rea, Christine; Scroggin, Sloan; Norton,
Susan; Thurber, Lisa; Turk, Teresa
Cc:
Curth, Jonathan
Subject:
Agenda Item C.3 2021-0589 - Fayetteville High School Right -of -Way Vacation
Attachments:
Ching-Whan Ko - Adjacent Property Owner Approval Form - Signed and Returned
8-16-2021.pdf
Councilmembers,
At last week's agenda session, staff advised that the Fayetteville High School right-of-way vacation (Item C.3 — 2021-
0589) lacked an adjacent property owner's consent, and thereby merited heightened consideration. The Fayetteville
School District's representative has since received the consent and it is attached herein. It indicates that the adjacent
owner does not object to the request.
Please let me know if you have questions and I will be happy to help.
Thanks,
Jonathan Curth, AICP
Development Services Director
Development Services Department
City of Fayetteville, Arkansas
icurth(@favetteville-ar.Rov
479.575.8308
Website I Facebook I Twitter I Youtube
McCLELLAND 1580 East Stearns Street
CONSULTING Fayetteville, AR 72703
(479) 443.2377 P 1 (479) 443.9241 F
ENGINEERS, INC. mce.us.com
March 23, 2021 • )\k(M*r 101 ZaLI Me. IG01
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Ching-Whan KoAILICa�� or- TN'tS F�N, M41t.�cD �/ILJLo�I,
319 S. Washington No35 I AM A4vjm& r� Y�KR
Fayetteville, AR. 72703 F"i Tr9Vk"+� Ak'111115
1(,HAg .IC K 4ND
RE: Alley Right -Of -Way Vacation. -rwe: p rrA4µ4� co l ONGic pt4klM.
Dear Property Owner, -rwkNK %K ! p( ko—
This letter is in regards to the Alley Right -of -Way Vacation request along the south
property line of 875 W. Clinton Drive and neighboring properties. Per the City of
Fayetteville requirements, a notice of the action shall be mailed to all owners of property
adjacent to the street -right-of-way, alley, or easement to be vacated.
Please find the attached "Adjacent Property Owner Notification/ Approval Form" for your
review and signature, a copy of the property vacation legal description, and a exhibit
map showing the "Right -of -Way" vacation location for reference. Please either mail a
signed copy back or scan and send a pdf copy to my email below. Should you have any
questions or need additional information, please feel free to contact me.
Sincere ,
Z Hix'son
Project Manager
(479) 443- 2377
zhixson@mce.us.com
ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM
FOR RIGHT- OF- WAY VACATION REQUESTS
Date: f
Address / location of vacation: South property line of 873 W_ Clinton Drive & neighboring properties
Adjacent property address: 873 W. Clinton Drive
L,ot: 201-204 Block: Subdivision: Oak Park Place
REQUEiSTLID VACATION:
I have been notified of -the petition to vacate the following right -of --way, described as follows:
(Include legal description and graphic representation of what is being vacated)
ADJACENT PROPERTY OWNERS COMMENTS:
have been notified of the requested vacation and decline to comment.
r I do not object to the vacation described above.
I do abject to the requested vacation because:
Fayetteville Public Schools - The Bulldog Academic & Athletic Center
Project Name
Name afAdc:c��pc:rty Owner (priizteri
Signature of Adjacent Property Owner
Zach Hixson / McClelland Consulting Engineers, Inc., 1580 E. Stearns Street, Fayetteville, AR, 72703
(479) 443-2377
Applicant Name:
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FAYETTEVILLE HIGH SCHOOL ATHLETIC FACILITY
DESCRIPTIONS FOR VACATION OF UNUSED RIGHTS OF WAY
NEW DESCRIPTIONS:
Suggested text for
SECTION 1. That the City of Fayetteville, Arkansas, hereby releases, vacates, and
abandons all of its rights together with the rights of the public generally, subject to the
reservation of existing utility easements, in and to the following described property:
TRACT 1
A part of the 20 foot alley adjacent to the north line of Blocks 7 and 8 in the I.W.
Duncan's Addition to the City of Fayetteville, in Washington County, Arkansas, as
depicted on a plat filed in Washington County plat book 4, page 192; the said part being
more particularly described as follows:
Beginning at the northwest corner of Block 8, Lot 1 of the said I.W. Duncan's Addition,
marked by a set 1 /2" rebar and plastic cap; thence NO2°09'08"E 20.00 feet to a set 1 /2"
rebar and plastic cap at the southwest corner of Lot 207 of the Revised Oak Park Place
Subdivision in the City of Fayetteville, as depicted on a plat filed in Washington County
plat book 5, page 64; thence, along the south line of the said revised Oak Park Place,
S87050'52"E 346.03 feet, passing at 149.21 feet a found 2" iron post, 7 feet tall, to the
west line of Harmon Avenue; thence leaving the south line, along the said west line of
Harmon Avenue, S03° 12'00"W 20.00 feet to the north line of Block 7, Lot 7 of the said
I.W. Duncan's Addition; thence, along the said north line of Blocks 7 and 8 of I.W.
Duncan's Addition, N87°50'52"W 345.66 feet to the Point of Beginning, enclosing 6,917
square feet, or 0.159 acres.
NORTHWEST ARKAWS
Demo= AZaee
F.C.2,--x ih0;, ,:A'EI`E`rILL'e, AR. 7i7G': • 479.442-170C - FAX: 479-695-111S - tA/'&W _.-'0NADG.COM
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 6468
Was inserted in the Regular Edition on:
August 22, 2021
Publication Charges: $118.56
Cathy Wiles
&± ft 5., . Benton COUNTY
Brittany §mith NOTARY PUBLIC—ARKANSAS
My Commission Expires 02-20-2024
Commission No.12397118
Subscribed and sworn to before me
This Lgday of'ZI , 2021.
V v�
Notary Public
My Commission Expires: 2-/U/ /
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance' 6468
File Number: 2021-0589
VAC-2021-020(61 S. HARMON
RD,IFHS PROPERTIES):
AN ORDINANCE TO APPROVE VAC
21-020 FOR PROPERTY LOCATED
ADJACENT TO 61 SOUTH HARMON
ROAD TO VACATE A PORTION OF
AN ALLEY 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 an alley 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 to or relocation
of existing utilities or existing facilities
will be at the applicant's expense, or at
the expense of the property owner or
developer.
2. The vacation shall only be
effective upon the consent of all adjacent
property owners.
PASSED and APPROVED on
8/17/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City
Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount paid: S
118.56
75455797 Aug 22, 2021