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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 m 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 i i ji INI 1 COO ;````�� Page 2 Printed on 8118121 VAC-2021-000020 FHS Properties AC-2021-000020 Close Up View EXHIBIT 'A' 3 z Q� i cLROY a > ,9VE FAIRVIEW ST—v a D m RMF-40 W Q �y ccO C cc Oak Ridge Trail _ � CENTER ST RMF-24 2 fY Q 2 DG Subject Property W ' Q w z a z ��"h3 • O —TREADWELL-ST a�y�'i�Y itYt42' Spy T ti3�; P-1 NORTH � Neighborhood Link RMF-24 � Institutional Master Plan RMF-40 Hillside -Hilltop Overlay District Feet 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 44/ -Q z 0 Q DG 2 Subject Property ■ Mul P-1 Feet 0 55 110 220 330 440 1 inch = 150 feet W Q Z Q U Z —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: 500-16N-30W-0-16-340-72-1388 ED. COTTON PICKER SPINDLE IN ASPH. N.W. COR. NW/4 SWA PSec.,6T-1&N R-30-W 112 NO TAX PARCEL# FAYETTEVILLE SCHOOL DISTRICT N0.1 WD 492-219 4357 T13 111 121-111 UofA WD 2o08-MM T14 785093z0-000 BA OF PTIST STUDENTS OF THE WD 96-56804 OF THE T15 MO AS493 DOOFBA OF BAPTIST STUDENTS OF THE OF THE WD 96-0084 093 8o00 T16 ASOCOFBA OF BAPTIST STUDENTS OF THE UofA WD 2004-51 ]82 OF THE 5� tJ3G� R-547.96', D-122.70' \ ' T17 NO TAX PARCEL # CH=N5492'37'E, CD=122.44'�y.t o, ti FAYETTEVILLE SCHOOL DISTRICT NO.1 per SURVEY 024A-00000019 T18 ]6504827-000 FAYETTEVILLE SCHOOL DISTRICT#1 1 T19\per TAX ASSESSOR RECORDS�OT19 ]8509314-000 0PAVETTEVILLE 149.21- SCHOOL DISTRICT NO.1WD o� N87'50'52"W 443-2224-21-52 T20 761931MOO ``�� ,y� �.� YETTEVILLE20'R.O.t. KO, CHINO-WHAN: KO. CHING-MING 'fnG� - WD 96-0]6210, WD2000-0086]2, WD2o00-045259 pN S87 T21 76 09310-000,165-09310-001 ]65.09311-000 k1� 11119312-000, ]65-09313-001 �L / � A5 5 I" UofA WD 2002-031050 -S02ro9.08"W 20-00' /11/ / _ 1 000 FA- ILLE SC ✓ TRICT N0.1 D 443-221 4-21 Oi 20' ll IL. ESMT TO C.O.F., J R-20.00I, D-30.55' � BY PLAT 24A-19, CH= —144. 33"E, CD=27.67', T16 tDI I VACA ED PER R-144.00', D-29.69' I � 01 L - CH=N84'05'56"E, CD=2?.64' 'P1 PORTION OF 20' R.O.W. TO BE VACATED, MARKED BY HATCHING;', 0 m ]65-0981 ]-000 PLEASE SEE DESCRIPTIONS FOR DIMENSIONS 0 y WD 2013-00010817 SURVEY 2013-00011396 Np WEST CENTER PARTNERS, L.L.C. T21 ( I >taPOST, ) ALLEY R.O.W. per DUNCAN PLAT 4.192 {1 j &SURVEV2013-00011396 / \D0' UTIL. ESMT TO C.F., DEDICEDPER THI. PLAT y OpS YPARTof DUNCAN'SADDN. N=836,642.624 441.1 D' I M. REBAR W/CAP, 11O/S 20.00' EAST of LINE I�I^MT TO C.O.F., lf � i m V PLAT 24A-19 \ � 1 130 c7 10'SEWER ESMT W >QC, -- - 486-062 6-13-56-1- ax- fittoiatingctures sVu -- \. I w �'1 _ ry 11 1r:>:sccr:.I CLOSED DELAWARE AVE. Ny 20'UTIL. ESMT TO C.O.F.,' 9, N-- i (asshownonsurvey024A-00000019) n Ortl. 24629]3-4869-2]-]8 T15 O i BVPLAT26A-19 I \ UTILITY& DRAINAGE ESMT ACROSS W/2 Z --- _ i -- L. shown 8 described in survey 2012-000 ) 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 pa�anNH...... OF At) .„1aa �GtST ER6fj'o cy.�4....STATE , OF • McCLELLAND :•�y� ,` ARKANSAS _ ¢• = • OCINSLILTING : DU : ENGINEERS, INC. _ C O I � NO.24 G SIGNATURES F'%C! 3-26-21C. ,pQ�S•� .�oiyy'L'1Lp� Q" �nnmama5 u , N x m x z N0. DATE `�' DESCRIPTION BOUNDARY SURVEY FAYETTEVILLE PUBLIC McCLELLAND RrECONSULTING° DESIGNED i05ERV ENGINEERS, INC. s SCHOOL DISTRICT #1 Planning Comm N Ib' 1eQIXkTJ o r ,zz0 ' July26, > 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 O pW O O 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 W c ow ► 6T- r-EMoVI: TWC CaFf 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: I W CD ILL Q a; So p U ^f m �a w LLi o N y oa =_ c� y LLI d U 7 @ .y 9ON/609 A V U C>L.0 J Q H 5 1 cn w a SVSMV-V811P'J0 AdISL93AINn 000-0TE60-S9L �y 0s ' 2ap 1 N v 10 In 4 � s WOO tn Ott Oin srt �f�i U. 4 �qC C $ h 0 4w M _ h U Ns 0 CL 49 ot, +� d rbaH o a$ ?77,r OSVSHv]lav 30.1tI Ti�AIMfF �y� o�-r.as6o-sue r E Cl) 0 00 N LO 0 0 Q 0 0 N 0 N C) N M C, d E aEa� CD Fs c) b o jiily YfieH �pa8: p5��$ F s O �YZ Ye ssas_ o o Qe sad 8 d%5�ss 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