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HomeMy WebLinkAboutOrdinance 6640Goo Kind. ODINANCE Rg I pecorded: 02/1]/2023 at 10:30:20 An Fee Pmi: $85.00 Page 1 of 15 Maehlnatoo court, • All Kyle SV IvesTer Clrcu It clerk FI le - 2023-00003981 113 West Mountain Street Fayetteville, AR 72701 ARCHIVED (479) 575-8323 Ordinance: 6640 File Number: 2022-262 VAC 22-024 (RAZORBACK RD, MAPLE ST., ETC.) AN ORDINANCE TO APPROVE VAC 22-024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD, MAPLE STREET, GARLAND AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING JUNIOR BOULEVARD AND LT. COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE PORTIONS OF STREET RIGHTS -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 portions of street rights -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 rights -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 vacatidn approval is subject to the following conditions 1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and coordination by the applicant with the utility provider, including properly identifying utilities in the field by means of surveying, pot holing, and coordinating with representatives. 2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement. 3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist. 4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of way in areas where sidewalk does not currently exist. 5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles and appurtenances are located. 6. Drainage easements must be dedicated in areas of existing drainage facilities. 7. An agreement will need to be developed establishing responsibility for repairs to non -typical features behind Page 1 Ordinance: 6640 File Number: 2022-262 the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair of anything except a standard sidewalk. 8. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed by the Mayor. PASSED and APPROVED on February 7, 2023 Page 2 Attest: C 1 T r ■� G. Kara Paxton, City CE rk Treasur r ��; 4k � •� �: • j/ •cn� Ir EXHIBIT 'A' I VAC-2022-0024 EXHIBIT 'B' VAC-2022-0024 ROW Vacation Description #1 Part of the NE1/4 NW1/4 of Section 21, Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 60000'27" E, a distance of 525.14 feet to the Easterly right of way line of Hill Avenue and the Point of Beginning; Thence S 02040'45" W along the Easterly right of way line of said Hill Avenue, a distance of 36.68 feet; Thence S 82°20'08" W, a distance of 11.08 feet to a point on the Easterly back of curb line of Hill Avenue; Thence N 02052'05" E along the said Easterly back of curb line, a distance of 36.70 feet; Thence N 82020'08" E, a distance of 10.96 feet to the Point of Beginning, containing 0.01 acres more or less. #2 Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 64005'15" E, a distance of 507.77 feet to a point on the Easterly right of way line of Hill Avenue and the Point of Beginning; Thence S 82020'08" W, a distance of 10.82 feet to a point on the Easterly back of curb line of said Hill Avenue; Thence N 02052'05" E along the said Easterly back of curb line, a distance of 132.06 feet; Thence N 02041'12" E along the said Easterly back of curb line, a distance of 362.61 feet; Thence S 87010'32" E, a distance of 6.48 feet to the Easterly right of way line of said Hill Avenue; Thence along the Easterly right of way line of said Hill Avenue the following three courses: S 02032'37" W, a distance of 184.79 feet; S 01 °43'05" W, a distance of 193.23 feet; S 02040'45" W, a distance of 114.72 feet to the Point of Beginning, containing 0.09 acres more or less. Part of the SE1/4 SW1/4 of Section 16, Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the NE1/4 NW1/4 of Section 21. Thence N 68047'51" E, a distance of 718.90 feet to a point of the Southerly right of way line of M.L.K. JR Boulevard; Thence S 86032'38" E, a distance of 277.65 feet to a point on the Southerly right of way line of M.L.K. JR Boulevard; Thence along the Southerly right of way line of M.L.K. JR Boulevard the following three courses: S 03027'22" W, a distance of 10.00 feet; N 86032'38" W, a distance of 277.52 feet; N 02042'49" E, a distance of 10.00 feet to the Point of Beginning, containing 0.06 acres more or less. #4 Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 NW1/4; Thence N 77059'30" E, a distance of 1124.85 feet the intersection of the Southerly right of way line of M.L.K. JR Boulevard and the Westerly right of way line of Government Avenue and the Point of Beginning; Thence S 86°32'38" E, a distance of 8.00 feet to a point on the Westerly back of curb line of said Government Avenue; Thence S 02028'13" W along the said Westerly back of curb line, a distance of 370.23 feet; Thence S 82019'51" W, a distance of 19.56 feet to the Westerly right of way line of said Government Avenue; Thence along the Westerly right of way line of said Government Avenue the following three courses: N 02031'09" E, a distance of 208.36 feet; S 87°04'21" E, a distance of 11.07 feet; N 02028'13" E, a distance of 165.53 feet to the Point of Beginning, containing 0.13 acres more or less. #5 Part of the SE1/4 of Section 8 and part of the NE1/4 NE1/4 of Section 17 all in Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of said Section 8; Thence N 02053'25" E along the East line of said Section 8, a distance of 1260.95 feet; Thence N 87°09'15" W, a distance of 117.56 feet to a point on the Southerly right of way line of Clevland Street and the Point of Beginning; Thence along the Southerly right of way line of said Clevland Street the following bearings and distances: N 87'09'15" W, a distance of 478.83 feet; N 02°50'45" E, a distance of 12.44 feet; N 87°09'15" W, a distance of 715.54 feet to a point on the proposed Southerly back of curb line of said Clevland Street; Thence along the Southerly back of curb line of said Clevland Street the following bearings and distance: Northeasterly along a 29.50 feet radius curve to the right, thru a central angle of 57°21'17", for a distance of 29.53 feet, said curve having a chord bearing of N 63°53'14" E, and distance of 28.31 feet; S 87"26'07" E, a distance of 805.77 feet to the beginning of a circular curve to the right; Southeasterly along a 5.00 feet radius curve to the right, thru a central angle of 90000'00", for a distance of 7.85 feet, said curve having a chord bearing of S 42°26'07" E, and distance of 7.07 feet; S 02°33'53" W, a distance of 6.83 feet; S 87°26'07" E, a distance of 386.19 feet to the beginning of a circular curve to the right, said point being at the intersection of the Southerly back of curb line of said Clevland Street and the Westerly back of curb line of Garland Avenue; Thence along the Westerly back of curb line of said Garland Avenue the following bearings and distances: Southeasterly along a 37.50 feet radius curve to the right, thru a central angle of 89°49'41 ", for a distance of 58.79 feet, said curve having a chord bearing of S 42'31'16" E, and distance of 52.95 feet; Thence S 02"23'34" W, a distance of 736.30 feet; Thence S 03*10'11" W, a distance of 391.26 feet; Thence S 03010'11" W, a distance of 61.13 feet to the beginning of a circular curve to the right at the intersection of the Westerly back of curb line of said Garland Avenue and the Northerly back of curb line of West Maple Street; Thence along the Northerly back of curb line of said West Maple Street the following bearings and distances: Southwesterly along a 39.50 feet radius curve to the right, thru a central angle of 89020'08", for a distance of 61.59 feet, said curve having a chord bearing of S 47050'15" W, and distance of 55.54 feet; N 87029'41" W, a distance of 1184.55 feet to the beginning of a circular curve to the right at the intersection of the Northerly back of curb line of said West Maple Street and the Easterly back of curb line of Razorback Road; Thence along the Easterly back of curb line of said Razorback road the following bearings and distances: Northwesterly along a 30.00 feet radius curve to the right, thru a central angle of 89°59'12", for a distance of 47.12 feet, said curve having a chord bearing of N 42°30'05" W, and distance of 42.42 feet; N 02029'30" E, a distance of 20.32 feet; Thence leaving the Easterly back of curb line of said Razorback Road and along the Northerly right of way line of said West Maple Street the following bearings and distance: S 87°16'56" E, a distance of 36.71 feet; S 32°16'27" E, a distance of 12.21 feet; S 02°43'04" W, a distance of 15.00 feet; S 85050'33" E, a distance of 196.14 feet; S 86017'43" E, a distance of 367.01 feet; N 58048'06" E, a distance of 43.32 feet; S 87056'08" E, a distance of 61.00 feet; S 53'43'12" E, a distance of 30.23 feet; S 87056'08" E, a distance of 15.00 feet; S 02003'52" W, a distance of 10.00 feet; S 87056'08" E, a distance of 128.00 feet; S 80044'15" E, a distance of 27.21 feet; S 87049'55" E, a distance of 27.57 feet; N 02°03'52" E, a distance of 10.46 feet; S 87°56'08" E, a distance of 141.43 feet; S 78000'34" E, a distance of 29.74 feet; S 87043'15" E, a distance of 93.43 feet to the intersection of the Northerly right of way line of said West Maple Street and the Westerly right of way line of said Garland Avenue; Thence along the Westerly right of way line of said Garland Avenue the following bearings and distances: N 51 °46'34" E, a distance of 53.54 feet; N 08°37'03" E, a distance of 7.95 feet; N 03°14'28" E, a distance of 238.68 feet; N 41 °45'32" W, a distance of 6.15 feet; N 03°14'28" E, a distance of 77.00 feet; N 48014'28" E, a distance of 6.15 feet; N 03014'28" E, a distance of 136.61 feet; N 02031'16" E, a distance of 701.38 feet; N 58°12'33" W, a distance of 51.84 feet to the Point of Beginning, containing 1.67 Acres more or less. M. Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said Section 9; Thence N 74°45'30" E, a distance of 95.94 feet to a point lying on the Northerly right of way line of West Maple Street and the Point of Beginning; Thence S 03°06'30" W, a distance of 9.11 feet to the intersection of the Northerly back of curb line of said West Maple Street and the Easterly back of curb line of Garland Avenue; Thence along the Easterly back of curb line of said Garland Avenue the following bearings and distances: N 86°53'30" W, a distance of 36.05 feet to the beginning of a circular curve to the right; Northwesterly along a 39.50 feet radius curve to the right, thru a central angle of 90°03'41", for a distance of 62.09 feet, said curve having a chord bearing of N 41 °51'40" W, and distance of 55.89 feet; N 03'10'11" E, a distance of 65.85 feet; N 03*10'11" E, a distance of 381.32 feet; N 02°23'34" E, a distance of 10.44 feet; Northeasterly along a 19.50 feet radius curve to the right, thru a central angle of 51014'11 ", for a distance of 17.44 feet, said curve having a chord bearing of N 28°00'40" E, and distance of 16.86 feet; Thence leaving the Easterly back of curb line of said Garland Avenue and along the Easterly right of way line of said Garland Avenue, S 02°53'25" W, a distance of 465.30 feet to the intersection of the Easterly right of way line of said Garland Avenue and the Northerly right of way line of aforesaid West Maple Street; Thence along the Northerly right of way line of said West Maple Street the following bearings and distances: S 42055'49" E, a distance of 43.49 feet; S 74'15'21" E, a distance of 35.89 feet to the Point of Beginning, containing 0.12 Acres more or less. #7 Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said Section 9; Thence N 02053'25" E along the West line of said Section 9, a distance of 1297.88 feet; Thence S 87006'35" E, a distance of 44.78 feet to the intersection of the Southerly right of way line of Clevland Street and the Easterly right of way line of Garland Avenue and the Point of Beginning; Thence along the Easterly right of way line of said Garland Avenue the following bearings and distances: S 48020'03" W, a distance of 27.69 feet; S 02°53'40" W, a distance of 707.66 feet to the Easterly back of curb line of said Garland Avenue; Thence along the Easterly back of curb line of said Garland Avenue the following bearings and distances: Northwesterly along a 19.50 feet radius curve to the right, thru a central angle of 52°26'46", for a distance of 17.85 feet, said curve having a chord bearing of N 23049'49" W, and distance of 17.23 feet; N 02"23'34" E, a distance of 250.85 feet; Thence leaving the Easterly back of curb line of said Garland Avenue N 02°23'34" E, a distance of 209.31 feet to a point on the Easterly back of curb line of said Garland Avenue; Thence N 02023'34" E along the Easterly back of curb line of said Garland Avenue, a distance of 229.09 feet to the intersection of the Easterly back of curb line of said Garland Avenue and the Southerly back of curb line of aforesaid Clevland Street and the beginning of a circular curve to the right; Thence along the Southerly right of way line of said Clevland Street the following bearings and distances: Northeasterly along a 31.50 feet radius curve to the right, thru a central angle of 91 °00'58", for a distance of 50.04 feet, said curve having a chord bearing of N 47054'03" E, and distance of 44.94 feet; S 86035'28" E, a distance of 276.96 feet; Thence leaving the Southerly back of curb line of said Clevland Street, S 02053'25" W, a distance of 6.72 feet to a point lying on the Southerly right of way line of said Clevland Street; Thence N 87007'28" W along the Southerly right of way line of said Clevland Street, a distance of 275.22 feet to the Point of Beginning, containing 0.24 Acres more or less. #8 Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of said Section 17; Thence S 02°41'08" W along the East line of said Section 17, a distance of 44.57 feet to a point lying on the Southerly right of way line of West Maple Street and the Point of Beginning; Thence along the Southerly right of way line of said West Maple Street the following bearings and distances: N 87056'08" W, a distance of 529.41 feet; S 02°03'52" W, a distance of 10.00 feet; N 87056'08" W, a distance of 45.09 feet; S 29°02'41" W, a distance of 50.50 feet; S 79°37'29" W, a distance of 17.72 feet to the Easterly back of curb line of Stadium Drive; Thence N 02°37'28" E along the Easterly back of curb line of said Stadium Drive, a distance of 49.69 feet to the beginning of a circular curve to the right at the intersection of the Easterly back of curb line of said Stadium Drive and the Southerly back of curb line of West maple Street; Thence along the Southerly back of curb line of said West Maple Street the following bearings and distances: Northeasterly along a 30.00 feet radius curve to the right, thru a central angle of 89052'51 ", for a distance of 47.06 feet, said curve having a chord bearing of N 47°33'53" E, and distance of 42.38 feet; S 87°29'41" E, a distance of 584.19 feet; S 02041'08" W, a distance of 16.09 feet to the Point of Beginning, containing 0.31 Acres more or less. #9 Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW of the said NE1/4 NE1/4; Thence S 02043'18" W along the West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback Road and the Easterly back of curb line of said Razorback Road and the Point of Beginning; Thence N 02°58'57" E along the Easterly back of curb line of said Razorback Road, a distance of 160.23 feet to the beginning of a circular curve to the right at the intersection of the Easterly back of curb line of said Razorback Road and the Southerly back of curb line of West Maple Street; Thence Northeasterly along the Southerly back of curb line of said West Maple Street along a 100.00 feet radius curve to the right, thru a central angle of 89031'22", for a distance of 156.25 feet, said curve having a chord bearing of N 47°44'38" E, and distance of 140.83 feet; Thence S 87029'41" E along the Southerly back of curb line of said West Maple Street, a distance of 514.79 feet to the beginning of a circular curve to the right at the intersection of the Southerly back of curb line of said West Maple Street and the Westerly back of curb line of Stadium Drive; Thence Southeasterly along the Westerly back of curb line of said Stadium Drive along a 30.00 feet radius curve to the right, thru a central angle of 90007'09", for a distance of 47.19 feet, said curve having a chord bearing of S 42026'07" E, and distance of 42.47 feet; Thence S 02037'28" W along the Westerly back of curb line of said Stadium Drive, a distance of 57.35 feet to a point lying on the Southerly right of way line of said West Maple Street; Thence along the Southerly right of way line of said West Maple Street the following bearings and distances: S 79037'29" W, a distance of 17.02 feet; N 43°37'28" W, a distance of 44.19 feet; N 43°37'28" W, a distance of 22.24 feet; N 54°03'02" W, a distance of 48.45 feet; N 85'43'19" W, a distance of 137.52 feet; N 71 °49'55" W, a distance of 7.76 feet; N 86045'54" W, a distance of 94.00 feet; S 03014'11" W, a distance of 14.50 feet; N 86045'49" W, a distance of 26.00 feet; Thence N 03014'11" E, a distance of 14.50 feet; N 86045'50" W, a distance of 178.59 feet; S 54043'02" W, a distance of 69.92 feet; S 36042'58" W, a distance of 24.53 feet to the intersection of the Southerly right of way line of said West Maple Street and the Easterly right of way line of said Razorback Road; Thence S 02°43'04" W along the Easterly right of way line of said Razorback Road, a distance of 168.40 feet; Thence S 57028'29" W along the Easterly right of way line of said Razorback Road, a distance of 34.08 feet to the Point of Beginning, containing 0.43 Acres more or less. #10 Part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02043'27" W along the West line of said NE1/4 SE1/4, a distance of 401.69 feet; Thence S 88004'02" E, a distance of 19.28 feet to a point lying on the Easterly right of way line of Razorback Road and the Point of Beginning; Thence along the Easterly right of way line of said Razorback Road the following bearings and distances: S 88004'02" E, a distance of 26.98 feet; S 02034'31" W, a distance of 474.04 feet; S 47017'49" E, a distance of 35.62 feet; S 07°31'38" W, a distance of 17.21 feet to a point lying on the Northerly back of curb line of Nolan Richardson Drive; Thence N 87°28'31" W along the Northerly back of curb line of said Nolan Richardson Drive, a distance of 17.76 feet to the beginning of a circular curve to the right at the intersection of the Northerly back of curb line of said Nolan Richardson Drive and the Easterly back of curb line of said Razorback Road; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: Northwesterly along a 29.00 feet radius curve to the right, thru a central angle of 90007'05", for a distance of 45.61 feet, said curve having a chord bearing of N 42024'59" W, and distance of 41.05 feet; N 02038'34" E, a distance of 84.03 feet; N 02°30'46" E, a distance of 51.67 feet; N 00020'35" E, a distance of 158.49 feet; N 02°30'46" E, a distance of 132.04 feet; N 02054'25" E, a distance of 58.72 feet to the Point of Beginning, containing 0.30 Acres more or less. #11 Part of the NE1/4 SE1/4 and part of the SE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02°43'27" W along the West line of the said NE1/4 SE1/4, a distance of 990.51 feet; Thence S 87°16'33" E, a distance of 41.41 feet to a point lying on the Easterly right of way line of Razorback Road and the Point of Beginning; Thence along the Easterly right of way line of said Razorback Road the following bearings and distances: S 02°37'57" W, a distance of 191.59 feet; S 02037'57" W, a distance of 503.00 feet; S 32048'03" E, a distance of 15.96 feet; S 02037'57" W, a distance of 40.50 feet; N 87022'03" W, a distance of 8.46 feet; S 02032'57" W, a distance of 201.50 feet; S 02046'05" W, a distance of 308.48 feet; S 87°22'03" E, a distance of 9.23 feet; S 04029'42" E, a distance of 54.63 feet; S 45045'33" E, a distance of 15.96 feet; S 76°34'38" E, a distance of 36.68 feet; Thence S 88°32'28" W, a distance of 64.27 feet to the to the Easterly back of curb line of said Razorback Road and the beginning of a circular curve to the right; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: Northwesterly along a 40.00 feet radius curve to the right, thru a central angle of 51 °46'46", for a distance of 36.15 feet, said curve having a chord bearing of N 23014'49" W, and distance of 34.93 feet; N 02038'34" E, a distance of 245.78 feet; N 00039'11" E, a distance of 172.82 feet; N 02038'34" E, a distance of 113.63; Thence leaving the Easterly back of curb line of said Razorback Road N 02038'34" E, a distance of 86.00 feet to the Easterly back of curb line of said Razorback Road; Thence N 02038'34" E along the Easterly back of curb line of said Razorback Road, a distance of 35.14 feet; Thence leaving the Easterly back of curb line of said Razorback Road N 02038'34" E, a distance of 157.12 feet to a the Easterly back of curb line of said Razorback Road; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: N 02038'34" E, a distance of 215.84; N 04046'38" E, a distance of 161.08 feet; N 02038'34" E, a distance of 125.51 feet to the beginning of a circular curve to the right; Northeasterly along a 34.50 feet radius curve to the right, thru a central angle of 89052'55", for a distance of 54.12 feet, said curve having a chord bearing of N 47035'01" E, and distance of 48.74 feet; S 87°28'31" E, a distance of 4.65 feet; Thence S 02031'29" W, a distance of 17.24 feet to a point lying on the Southerly right of way line of Nolan Richardson Drive; Thence S 44°34'24" W along the Southerly right of way line of said Nolan Richardson Drive, a distance of 36.39 feet to the Point of Beginning, containing 0.64 Acres more or less. #12 Part of the NW1/4 SE1/4 and part of the SW1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said NW1/4 SE1/4; Thence S 02043'27" W, a distance of 954.57 feet; Thence N 87021'26" W, a distance of 48.50 feet to a point lying on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of said Razorback Road the following bearings and distances: S 02041'40" W, a distance of 885.85 feet; S 42059'26" W, a distance of 26.15 feet; S 11'00'02" W, a distance of 60.47 feet; S 02°30'15" W, a distance of 30.08 feet; S 87022'03" E, a distance of 31.00 feet; S 02037'57" W, a distance of 240.00 feet; S 07012'24" W, a distance of 75.24 feet; S 00052'46" E, a distance of 13.61 feet; S 15010'00" W, a distance of 23.86 feet; S 59011'49" W, a distance of 60.93 feet; Thence N 88032'28" E, a distance of 65.11 feet to the Westerly back of curb line of said Razorback Road; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 39.50 feet radius curve to the left, thru a central angle of 43°02'25", for a distance of 29.67 feet, said curve having a chord bearing of N 24009'42" E, and distance of 28.98 feet; N 02°38'34" E, a distance of 256.33 feet; N 04037'56" E, a distance of 172.82 feet; N 02038'34" E, a distance of 607.73 feet; N 00030'29" E, a distance of 161.08 feet; N 02°38'34" E, a distance of 126.25 feet; Northwesterly along a 33.50 feet radius curve to the left, thru a central angle of 49041'15", for a distance of 29.05 feet, said curve having a chord bearing of N 22012'04" W, and distance of 28.15 feet; Thence N 87028'31" W, a distance of 7.18 feet to the Point of Beginning, containing 0.76 Acres more or less. #13 Part of the NW1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02°43'27" W along the East line of the said NW1/4 NE1/4, a distance of 43.47 feet; Thence N 87°16'33" W, a distance of 30.92 feet to a point lying on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of said Razorback Road the following bearings and distances: S 02005'15" W, a distance of 192.55 feet; S 02056'28" W, a distance of 171.14 feet; S 02056'28" W, a distance of 52.91 feet; N 87°22'08" W, a distance of 17.55 feet; S 02°37'57" W, a distance of 70.15 feet; Thence S 16040'05" W, a distance of 28.86 feet; S 02°37'57" W, a distance of 82.00 feet; S 30042'28" W, a distance of 17.53 feet; S 03025'24" W, a distance of 50.00 feet; S 45°00'08" E, a distance of 21.57 feet; S 03006'51" W, a distance of 163.01 feet; S 09006'16" W, a distance of 24.47 feet; Thence S 87028'31" E, a distance of 8.84 feet to the Westerly back of curb line of said Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 29.50 feet radius curve to the left, thru a central angle of 46040'08", for a distance of 24.03 feet, said curve having a chord bearing of N 25°58'38" E, and distance of 23.37 feet; N 02038'34" E, a distance of 83.71 feet; N 02030'46" E, a distance of 51.61 feet; N 04040'57" E, a distance of 158.48 feet; N 02030'46" E, a distance of 132.20 feet; N 02°54'25" E, a distance of 380.29 feet; N 00022'40" W, a distance of 25.69 feet to a circular curve to the left; Northwesterly along a 27.50 feet radius curve to the left, thru a central angle of 23019'03", for a distance of 11.19 feet, said curve having a chord bearing of N 12°02'11" W, and distance of 11.11 feet to the Point of Beginning, containing 0.23 Acres more or less. #14 Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02035'17" W along the East line of the said SW1/4 NE1/4, a distance of 545.93 feet; Thence N 86°40'08" W, a distance of 42.18 feet to the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of said Razorback Road the following bearings and distances: S 02052'01" W, a distance of 302.22 feet; S 86038'50" E, a distance of 3.21 feet; S 02032'00" W, a distance of 179.59 feet to a point on the Westerly back of curb line of said Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 30.00 feet radius curve to the left, thru a central angle of 27°36'29", for a distance of 14.46 feet, said curve having a chord bearing of N 16031'19" E, and distance of 14.32 feet; N 02043'04" E, a distance of 9.68 feet; Thence leaving said Westerly back of curb line of said Razorback Road and along the proposed Westerly back of curb line of said Razorback Road the following bearings and distances: N 02°43'04" E, a distance of 85.06 feet; N 04037'24" E, a distance of 214.63 feet; N 03001'17" E, a distance of 140.19 feet to the beginning of a circular curve to the left on the Westerly back of curb line of said Razorback Road; Thence Northwesterly along the Westerly back of curb line of said Razorback Road along a 29.50 feet radius curve to the left, thru a central angle of 38031'42", for a distance of 19.84 feet, said curve having a chord bearing of N 16014'34" W, and distance of 19.47 feet; Thence N 86°40'08" W, a distance of 7.97 feet to the Point of Beginning, containing 0.11 Acres more or less. #15 Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02035'17" W along the West line of the said SW1/4 NE1/4, a distance of 31.42 feet; Thence N 87024'43" W, a distance of 35.00 feet to a point lying on the Westerly right of way lien of Razorback Road and the Point of Beginning; Thence S 03°03'28" W along the Westerly right of way line of said Razorback Road, a distance of 469.02 feet; Thence S 86040'08" E, a distance of 18.37 feet to the Westerly back of curb line of said Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 23.50 feet radius curve to the left, thru a central angle of 34000'59", for a distance of 13.95 feet, said curve having a chord bearing of N 19°54'33" E, and distance of 13.75 feet; N 02°54'03" E, a distance of 417.63 feet; Thence N 02°40'22" E, a distance of 6.09 feet to the beginning of a circular curve to the left; Northwesterly along a 35.50 feet radius curve to the left, thru a central angle of 65°48'22", for a distance of 40.77 feet, said curve having a chord bearing of N 30°13'49" W, and distance of 38.57 feet to the Point of Beginning, containing 0.23 Acres more or less. #16 Part of the NW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02043'18" W along the West line of the said NW1/4 NE1/4, a distance of 35.57 feet; Thence N 87015'25" W, a distance of 98.42 feet to a point lying on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of Razorback Road the following bearings and distances: S 02"43'04" W, a distance of 16.99 feet; S 87'16'56" E, a distance of 23.00 feet; S 48006'31" E, a distance of 34.83 feet; S 02059'34" E, a distance of 40.20 feet; S 02043'04" W, a distance of 83.09 feet; S 32043'04" W, a distance of 22.48 feet; S 55°46'02" E, a distance of 8.49 feet; S 02043'04" W, a distance of 58.00 feet; N 87'16'56" W, a distance of 15.00 feet; S 02°43'04" W, a distance of 20.00 feet; S 22017'57" E, a distance of 33.11 feet; S 08°25'42" W, a distance of 60.30 feet; S 02°43'04" W, a distance of 164.00 feet; S 62053'17" W, a distance of 23.05 feet; S 02043'04" W, a distance of 26.97 feet; N 87016'56" W, a distance of 49.00 feet; S 02043'04" W, a distance of 20.56 feet; S 87016'56" E, a distance of 64.00 feet; S 02043'04" W, a distance of 52.51 feet; S 87008'22" E, a distance of 26.12 feet; S 02046'31" W, a distance of 668.51 feet; Thence S 87012'53" E, a distance of 3.08 feet to the Westerly back of curb line of Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 32.50 feet radius curve to the left, thru a central angle of 63006'05", for a distance of 35.79 feet, said curve having a chord bearing of N 34013'24" E, and distance of 34.01 feet; N 02040'22" E, a distance of 507.98 feet; N 02058'57" E, a distance of 647.83 feet; N 02058'57" E, a distance of 88.90 feet to the beginning of a circular curve to the left; Northwesterly along a 30.00 feet radius curve to the left, thru a central angle of 90009'00", for a distance of 47.20 feet, said curve having a chord bearing of N 42005'33" W, and distance of 42.48 feet; N 87°10'03" W, a distance of 57.37 feet; Thence S 02043'04" W, a distance of 5.88 feet to the Point of Beginning, containing 0.97 Acres more or less. #17 Part of the NW/4 NE1/4 of Section 17 and part of the SW1/4 SE1/4 of Section 8, all in Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a point that lies N 80'19'52" W, a distance of 83.78 feet from the SE corner of the SW1/4 SE1/4 of said Section, said point lying on the Northerly right of way line of West Maple Street and the Point of Beginning; Thence N 63002'21" E along the Northerly right of way line of said West Maple Street, a distance of 57.24 feet; Thence S 87016'56" E along the Northerly right of way line of said West Maple Street, a distance of 17.73 feet to the Westerly back of curb line of Razorback Road; Thence S 02°48'54" W along the Westerly back of curb line of said Razorback Road, a distance of 13.28 feet to the beginning of a circular curve to the right; Thence Southwesterly along the Northerly back of curb line of said West Maple Street along a 30.00 feet radius curve to the right, thru a central angle of 90001'03", for a distance of 47.13 feet, said curve having a chord bearing of S 47°49'25" W, and distance of 42.43 feet; Thence N 87°10'03" W along the Northerly right of way line of said West Maple Street, a distance of 37.41 feet; Thence N 02°49'57" E, a distance of 14.81 feet to the Point of Beginning, containing 0.05 Acres more or less. #18 Part of the SE1/4 SE1/4 of Section 8, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said SE1/4 SE1/4; Thence N 29038'05" E, a distance of 51.01 feet to a point lying on the Easterly right of way line of Razorback Road and the Point of Beginning; Thence N 02019'02" E along the Easterly right of way of said Razorback Road, a distance of 1214.34 feet to the intersection of the Easterly right of way of said Razorback Road and the Southerly right of way line of Cleveland Street; Thence N 87'09'15" W along the Southerly right of way line of said Cleveland Street, a distance of 5.66 feet to the Easterly proposed back of curb line of Razorback Road; Thence along the Easterly proposed back of curb line of said Razorback Road the following bearings and distances: Southwesterly along a 29.53 feet radius curve to the left, thru a central angle of 31 °36'29", for a distance of 16.29 feet, said curve having a chord bearing of S 19023'53" W, and distance of 16.08 feet; S 02°52'26" W, a distance of 171.46 feet; S 05°36'04" E, a distance of 51.06 feet to the Easterly back of curb line of said Razorback Road; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: S 02023'22" W, a distance of 497.62 feet; S 02037'37" W, a distance of 479.33 feet; Thence S 87016'56" E, a distance of 8.23 feet to the Point of Beginning, containing 0.19 Acres more or less. ROW Dedication Description Part of the NE/4 NE1/4 and part of the SE1/4 NE1/4, and part of the SW1/4 NE1/4 and part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW of the said NE1/4 NE1/4; Thence S 02043'18" W along the West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback Road and the Easterly back of curb line of said Razorback Road and the Point of Beginning; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: S 02°58'57" W, a distance of 487.50 feet; S 02°40'22" W, a distance of 608.01 feet; S 02054'03" W, a distance of 436.29 feet; S 03001'17" W, a distance of 198.13 feet; S 01 °25'06" W, a distance of 214.48 feet; S 02°43'04" W, a distance of 95.61; Thence Southeasterly along the Northerly back of curb line of Meadow Street along a 30.00 feet radius curve to the left, thru a central angle of 89030'25", for a distance of 46.87 feet, said curve having a chord bearing of S 42°02'08" E, and distance of 42.24 feet; Thence S 01 046'07" W, a distance of 31.18 feet to the Southerly back of curb line of said Meadow Street and the beginning of a circular curb to the left; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: Southwesterly along a 30.00 feet radius curve to the left, thru a central angle of 90029'35", for a distance of 47.38 feet, said curve having a chord bearing of S 47°57'52" W, and distance of 42.61 feet; S 02043'04" W, a distance of 88.40 feet; S 03003'35" W, a distance of 200.01 feet; S 02054'25" W, a distance of 322.05 feet; Thence N 88°04'02" W, a distance of 17.94 feet; Thence N 02032'00" E, a distance of 401.68 feet to the SW corner of the aforesaid SE1/4 NE1/4; Thence N 02'35'17" E along the West line of the said SE1/4 NE1/4, a distance of 124.57 feet; Thence N 86038'48" W, a distance of 37.23 feet to the Westerly back of curb line of said Razorback Road; Thence N 02°43'04" E along the Westerly back of curb line of said Razorback Road, a distance of 85.06 feet; Thence Northwesterly along the Westerly back of curb line of said Razorback Road along a 30.00 feet radius curve to the left, thru a central angle of 26045'00", for a distance of 14.01 feet, said curve having a chord bearing of N 10039'26" W, and distance of 13.88 feet; Thence N 02°32'00" E, a distance of 34.66 feet; Thence S 86040'45" E, a distance of 40.25 feet to the West line of the said SE1/4 NE1/4; Thence N 02°35'17" E along the West line of the said SE1/4 NE1/4, a distance of 1056.85 feet to the SW corner of the NE1/4 NE1/4; Thence N 02°43'18" E along the West line of the said NE1/4 NE1/4, a distance of 769.53 feet; Thence S 87008'22" E, a distance of 5.84 feet; Thence N 02°46'31" E, a distance of 243.50 feet to a point lying on the Easterly right of way line of said Razorback Road; Thence N 57028'29" E along the Easterly right of way line of said Razorback Road, a distance of 21.67 feet to the Point of Beginning, containing 1.43 Acres more or less. Washington County, AR I certify this instrument was filed on 02/17/2023 10:30:20 AM and mOorded in Real Estate File Number 2023-00003981 Kyle Sylvester- Circuit Clerk by =m CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 7, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager DATE: SUBJECT: VAC 22-024 (RAZORBACK RD. MAPLE ST., ETC.): RECOMMENDATION: BACKGROUND: CITY COUNCIL MEMO 2022-262 The subject property includes 6.54 acres of right-of-way spread along portions of seven public streets adjacent to University of Arkansas Property (see attached survey). Most prominently, the right-of-way includes: • Arts District: Three separate areas of right-of-way behind street curbs on the north, west, and east borders of the new Arts District, along W. Martin Luther King Jr. Boulevard, S. Hill Avenue, and S. LT. Col. Leroy Pond Avenue. • Former Highway 112: Multiple areas of right-of-way behind the curb along both the east and west sides of Razorback Road, north and south sides of W. Maple Street, and east and west sides of Garland Avenue. • Cleveland Street: Two areas of right-of-way along the south side of W. Cleveland Street, between N. Lindell Avenue to the east and N. Razorback Road to the west. Given the large number of properties associated with the right-of-way, adjacent zoning district information is not provided. All properties adjacent to the request are owned by the University of Arkansas with uses varying from parking and athletic facilities to housing and classrooms. A similar proposal was heard by the Planning Commission in late 2021, but was tabled indefinitely at the applicant's request to allow time to coordinate with the City Attorney's office. The applicant is bringing back a new request, with an additional portion of right-of- way for consideration. Proposal: The applicant proposes to vacate 18 separate pieces of public right of way totaling 6.54 acres along seven streets. In turn, a dedication of right-of-way totaling 1.43 acres is proposed along Razorback Road and between W. Nolan Richardson Drive to the south and W. Maple Street to the north. With this request, the applicant noted in their letter that existing utilities will be protected through easement dedication. Additionally, the applicant asserts that vacating the right-of-way will remove current and future sections of Senior Walk, landscaping, lights, and trees from the City's responsibility. DISCUSSION: At the December 12, 2022 Planning Commission meeting, Commissioners voted to forward the item to City Council with a recommendation of approval, with a vote of 8-0-0. Commissioner Garlock made the motion, and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Commissioner Winston seconded. Finding that the conditions of approval covered previous concerns about pedestrian access and maintenance, Commissioners found the request to vacate the right-of-way to be acceptable. No public comment was offered on the item. City staff and Planning Commission recommend approval of VAC-2022-0024 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and coordination by the applicant with the utility provider, including the client properly identifying utilities in the field by means of surveying, pot holing, and coordinating with representatives. 2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement. 3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist 4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of way in areas where sidewalk does not currently exist. 5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles and appurtenances are located. 6. Drainage easements must be dedicated in areas of existing drainage facilities. 7. An agreement will need to be developed establishing responsibility (or lack thereof) for repairs to non- typical features behind the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair of anything except a standard sidewalk. 8. Any damage or relocation of existing facilities will be at the property owner/developer's expense. 9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed by the Mayor. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Applicant Request Letter, Petition to vacate, Survey, Planning Commission Staff Report, VAC - 22-024 RAZORBACK-MAPLE-GARLAND-CLEVELAND-HILL -RIGHT OF WAY Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville Staff Review Form 2022-0262 Legistar File ID 1/3/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 12/16/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0024: Vacation (RAZORBACK RD., MLK BLVD., MAPLE ST., GARLAND AVE., CLEVELAND ST., HILL AVE., & LT. COL. LEROY POND AVE./UA-ARTS ROW VACATION, 482/521/522): Submitted by DCI for portions of right-of-way located along Razorback Rd./Maple St./Garland Ave/Cleveland St./Hill Ave./MLK Blvd./Lt. Col. Leroy Pond Ave in WARDS 1 and 2. The rights -of -way are within or adjacent to property belonging to the University of Arkansas. The request is to vacate portions of existing street rights of way totaling approximately 6.54 acres. 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 V20210527 Previous Ordinance or Resolution # Approval Date: EXHIBIT 'A' I VAC-2022-0024 EXHIBIT 'B' VAC-2022-0024 ROW Vacation Description #1 Part of the NE1/4 NW1/4 of Section 21, Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 60°00'27" E, a distance of 525.14 feet to the Easterly right of way line of Hill Avenue and the Point of Beginning; Thence S 02040'45" W along the Easterly right of way line of said Hill Avenue, a distance of 36.68 feet; Thence S 82020'08" W, a distance of 11.08 feet to a point on the Easterly back of curb line of Hill Avenue; Thence N 02°52'05" E along the said Easterly back of curb line, a distance of 36.70 feet; Thence N 82°20'08" E, a distance of 10.96 feet to the Point of Beginning, containing 0.01 acres more or less. #2 Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 NW1/4; Thence S 64°05'15" E, a distance of 507.77 feet to a point on the Easterly right of way line of Hill Avenue and the Point of Beginning; Thence S 82°20'08" W, a distance of 10.82 feet to a point on the Easterly back of curb line of said Hill Avenue; Thence N 02°52'05" E along the said Easterly back of curb line, a distance of 132.06 feet; Thence N 02°41'12" E along the said Easterly back of curb line, a distance of 362.61 feet; Thence S 87°10'32" E, a distance of 6.48 feet to the Easterly right of way line of said Hill Avenue; Thence along the Easterly right of way line of said Hill Avenue the following three courses: S 02°32'37" W, a distance of 184.79 feet; S 01 °43'05" W, a distance of 193.23 feet; S 02°40'45" W, a distance of 114.72 feet to the Point of Beginning, containing 0.09 acres more or less. Part of the SE1/4 SW1/4 of Section 16, Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the NE1/4 NW1/4 of Section 21. Thence N 68°47'51" E, a distance of 718.90 feet to a point of the Southerly right of way line of M.L.K. JR Boulevard; Thence S 86°32'38" E, a distance of 277.65 feet to a point on the Southerly right of way line of M.L.K. JR Boulevard; Thence along the Southerly right of way line of M.L.K. JR Boulevard the following three courses: S 03°27'22" W, a distance of 10.00 feet; N 86032'38" W, a distance of 277.52 feet; N 02042'49" E, a distance of 10.00 feet to the Point of Beginning, containing 0.06 acres more or less. M Part of the NE1/4 NW1/4 of Section 21 and part of the SE1/4 SW1/4 of Section 16 all in Township 16 North, Range 30 West, City of Fayetteville, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 NW1/4; Thence N 77059'30" E, a distance of 1124.85 feet the intersection of the Southerly right of way line of M.L.K. JR Boulevard and the Westerly right of way line of Government Avenue and the Point of Beginning; Thence S 86°32'38" E, a distance of 8.00 feet to a point on the Westerly back of curb line of said Government Avenue; Thence S 02028'13" W along the said Westerly back of curb line, a distance of 370.23 feet; Thence S 82'19,51" W, a distance of 19.56 feet to the Westerly right of way line of said Government Avenue; Thence along the Westerly right of way line of said Government Avenue the following three courses: N 02°31'09" E, a distance of 208.36 feet; S 87°04'21" E, a distance of 11.07 feet; N 02°28'13" E, a distance of 165.53 feet to the Point of Beginning, containing 0.13 acres more or less. #5 Part of the SE1/4 of Section 8 and part of the NE1/4 NE1/4 of Section 17 all in Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SE corner of said Section 8; Thence N 02°53'25" E along the East line of said Section 8, a distance of 1260.95 feet; Thence N 87°09'15" W, a distance of 117.56 feet to a point on the Southerly right of way line of Clevland Street and the Point of Beginning; Thence along the Southerly right of way line of said Clevland Street the following bearings and distances: N 87'09'15" W, a distance of 478.83 feet; N 02°50'45" E, a distance of 12.44 feet; N 87'09'15" W, a distance of 715.54 feet to a point on the proposed Southerly back of curb line of said Clevland Street; Thence along the Southerly back of curb line of said Clevland Street the following bearings and distance: Northeasterly along a 29.50 feet radius curve to the right, thru a central angle of 57°21'17", for a distance of 29.53 feet, said curve having a chord bearing of N 63°53'14" E, and distance of 28.31 feet; S 87°26'07" E, a distance of 805.77 feet to the beginning of a circular curve to the right; Southeasterly along a 5.00 feet radius curve to the right, thru a central angle of 90°00'00", for a distance of 7.85 feet, said curve having a chord bearing of S 42°26'07" E, and distance of 7.07 feet; S 02°33'53" W, a distance of 6.83 feet; S 87°26'07" E, a distance of 386.19 feet to the beginning of a circular curve to the right, said point being at the intersection of the Southerly back of curb line of said Clevland Street and the Westerly back of curb line of Garland Avenue; Thence along the Westerly back of curb line of said Garland Avenue the following bearings and distances: Southeasterly along a 37.50 feet radius curve to the right, thru a central angle of 89°49'41 ", for a distance of 58.79 feet, said curve having a chord bearing of S 42°31'16" E, and distance of 52.95 feet; Thence S 02°23'34" W, a distance of 736.30 feet; Thence S 03010'11" W, a distance of 391.26 feet; Thence S 03'10'11" W, a distance of 61.13 feet to the beginning of a circular curve to the right at the intersection of the Westerly back of curb line of said Garland Avenue and the Northerly back of curb line of West Maple Street; Thence along the Northerly back of curb line of said West Maple Street the following bearings and distances: Southwesterly along a 39.50 feet radius curve to the right, thru a central angle of 89°20'08", for a distance of 61.59 feet, said curve having a chord bearing of S 47'50'15" W, and distance of 55.54 feet; N 87°29'41" W, a distance of 1184.55 feet to the beginning of a circular curve to the right at the intersection of the Northerly back of curb line of said West Maple Street and the Easterly back of curb line of Razorback Road; Thence along the Easterly back of curb line of said Razorback road the following bearings and distances: Northwesterly along a 30.00 feet radius curve to the right, thru a central angle of 89°59'12", for a distance of 47.12 feet, said curve having a chord bearing of N 42°30'05" W, and distance of 42.42 feet; N 02°29'30" E, a distance of 20.32 feet; Thence leaving the Easterly back of curb line of said Razorback Road and along the Northerly right of way line of said West Maple Street the following bearings and distance: S 87°16'56" E, a distance of 36.71 feet; S 32°16'27" E, a distance of 12.21 feet; S 02°43'04" W, a distance of 15.00 feet; S 85°50'33" E, a distance of 196.14 feet; S 86°17'43" E, a distance of 367.01 feet; N 58048'06" E, a distance of 43.32 feet; S 87056'08" E, a distance of 61.00 feet; S 53°43'12" E, a distance of 30.23 feet; S 87°56'08" E, a distance of 15.00 feet; S 02003'52" W, a distance of 10.00 feet; S 87°56'08" E, a distance of 128.00 feet; S 80'44'15" E, a distance of 27.21 feet; S 87°49'55" E, a distance of 27.57 feet; N 02003'52" E, a distance of 10.46 feet; S 87056'08" E, a distance of 141.43 feet; S 78°00'34" E, a distance of 29.74 feet; S 87'43'15" E, a distance of 93.43 feet to the intersection of the Northerly right of way line of said West Maple Street and the Westerly right of way line of said Garland Avenue; Thence along the Westerly right of way line of said Garland Avenue the following bearings and distances: N 51 °46'34" E, a distance of 53.54 feet; N 08°37'03" E, a distance of 7.95 feet; N 03°14'28" E, a distance of 238.68 feet; N 41°45'32" W, a distance of 6.15 feet; N 03°14'28" E, a distance of 77.00 feet; N 48°14'28" E, a distance of 6.15 feet; N 03°14'28" E, a distance of 136.61 feet; N 02'31'16" E, a distance of 701.38 feet; N 58'12'33" W, a distance of 51.84 feet to the Point of Beginning, containing 1.67 Acres more or less. #6 Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said Section 9; Thence N 74045'30" E, a distance of 95.94 feet to a point lying on the Northerly right of way line of West Maple Street and the Point of Beginning; Thence S 03006'30" W, a distance of 9.11 feet to the intersection of the Northerly back of curb line of said West Maple Street and the Easterly back of curb line of Garland Avenue; Thence along the Easterly back of curb line of said Garland Avenue the following bearings and distances: N 86°53'30" W, a distance of 36.05 feet to the beginning of a circular curve to the right; Northwesterly along a 39.50 feet radius curve to the right, thru a central angle of 90°03'41 ", for a distance of 62.09 feet, said curve having a chord bearing of N 41 °51'40" W, and distance of 55.89 feet; N 03°10'11" E, a distance of 65.85 feet; N 03°10'11" E, a distance of 381.32 feet; N 02023'34" E, a distance of 10.44 feet; Northeasterly along a 19.50 feet radius curve to the right, thru a central angle of 51'14'11 ", for a distance of 17.44 feet, said curve having a chord bearing of N 28000'40" E, and distance of 16.86 feet; Thence leaving the Easterly back of curb line of said Garland Avenue and along the Easterly right of way line of said Garland Avenue, S 02°53'25" W, a distance of 465.30 feet to the intersection of the Easterly right of way line of said Garland Avenue and the Northerly right of way line of aforesaid West Maple Street; Thence along the Northerly right of way line of said West Maple Street the following bearings and distances: S 42°55'49" E, a distance of 43.49 feet; S 74015'21" E, a distance of 35.89 feet to the Point of Beginning, containing 0.12 Acres more or less. #7 Part of the SW1/4 of Section 9, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said Section 9; Thence N 02°53'25" E along the West line of said Section 9, a distance of 1297.88 feet; Thence S 87°06'35" E, a distance of 44.78 feet to the intersection of the Southerly right of way line of Clevland Street and the Easterly right of way line of Garland Avenue and the Point of Beginning; Thence along the Easterly right of way line of said Garland Avenue the following bearings and distances: S 48°20'03" W, a distance of 27.69 feet; S 02°53'40" W, a distance of 707.66 feet to the Easterly back of curb line of said Garland Avenue; Thence along the Easterly back of curb line of said Garland Avenue the following bearings and distances: Northwesterly along a 19.50 feet radius curve to the right, thru a central angle of 52°26'46", for a distance of 17.85 feet, said curve having a chord bearing of N 23°49'49" W, and distance of 17.23 feet; N 02°23'34" E, a distance of 250.85 feet; Thence leaving the Easterly back of curb line of said Garland Avenue N 02°23'34" E, a distance of 209.31 feet to a point on the Easterly back of curb line of said Garland Avenue; Thence N 02°23'34" E along the Easterly back of curb line of said Garland Avenue, a distance of 229.09 feet to the intersection of the Easterly back of curb line of said Garland Avenue and the Southerly back of curb line of aforesaid Clevland Street and the beginning of a circular curve to the right; Thence along the Southerly right of way line of said Clevland Street the following bearings and distances: Northeasterly along a 31.50 feet radius curve to the right, thru a central angle of 91 °00'58", for a distance of 50.04 feet, said curve having a chord bearing of N 47°54'03" E, and distance of 44.94 feet; S 86°35'28" E, a distance of 276.96 feet; Thence leaving the Southerly back of curb line of said Clevland Street, S 02053'25" W, a distance of 6.72 feet to a point lying on the Southerly right of way line of said Clevland Street; Thence N 87°07'28" W along the Southerly right of way line of said Clevland Street, a distance of 275.22 feet to the Point of Beginning, containing 0.24 Acres more or less. Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of said Section 17; Thence S 02041'08" W along the East line of said Section 17, a distance of 44.57 feet to a point lying on the Southerly right of way line of West Maple Street and the Point of Beginning; Thence along the Southerly right of way line of said West Maple Street the following bearings and distances: N 87°56'08" W, a distance of 529.41 feet; S 02°03'52" W, a distance of 10.00 feet; N 87°56'08" W, a distance of 45.09 feet; S 29°02'41" W, a distance of 50.50 feet; S 79°37'29" W, a distance of 17.72 feet to the Easterly back of curb line of Stadium Drive; Thence N 02037'28" E along the Easterly back of curb line of said Stadium Drive, a distance of 49.69 feet to the beginning of a circular curve to the right at the intersection of the Easterly back of curb line of said Stadium Drive and the Southerly back of curb line of West maple Street; Thence along the Southerly back of curb line of said West Maple Street the following bearings and distances: Northeasterly along a 30.00 feet radius curve to the right, thru a central angle of 89°52'51 ", for a distance of 47.06 feet, said curve having a chord bearing of N 47033'53" E, and distance of 42.38 feet; S 87°29'41" E, a distance of 584.19 feet; S 02°41'08" W, a distance of 16.09 feet to the Point of Beginning, containing 0.31 Acres more or less. #9 Part of the NE1/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW of the said NE1/4 NE1/4; Thence S 02043'18" W along the West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87°16'42" E, a distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback Road and the Easterly back of curb line of said Razorback Road and the Point of Beginning; Thence N 02058'57" E along the Easterly back of curb line of said Razorback Road, a distance of 160.23 feet to the beginning of a circular curve to the right at the intersection of the Easterly back of curb line of said Razorback Road and the Southerly back of curb line of West Maple Street; Thence Northeasterly along the Southerly back of curb line of said West Maple Street along a 100.00 feet radius curve to the right, thru a central angle of 89°31'22", for a distance of 156.25 feet, said curve having a chord bearing of N 47°44'38" E, and distance of 140.83 feet; Thence S 87029'41" E along the Southerly back of curb line of said West Maple Street, a distance of 514.79 feet to the beginning of a circular curve to the right at the intersection of the Southerly back of curb line of said West Maple Street and the Westerly back of curb line of Stadium Drive; Thence Southeasterly along the Westerly back of curb line of said Stadium Drive along a 30.00 feet radius curve to the right, thru a central angle of 90°07'09", for a distance of 47.19 feet, said curve having a chord bearing of S 42026'07" E, and distance of 42.47 feet; Thence S 02°37'28" W along the Westerly back of curb line of said Stadium Drive, a distance of 57.35 feet to a point lying on the Southerly right of way line of said West Maple Street; Thence along the Southerly right of way line of said West Maple Street the following bearings and distances: S 79037'29" W, a distance of 17.02 feet; N 43°37'28" W, a distance of 44.19 feet; N 43°37'28" W, a distance of 22.24 feet; N 54003'02" W, a distance of 48.45 feet; N 85043'19" W, a distance of 137.52 feet; N 71 °49'55" W, a distance of 7.76 feet; N 86°45'54" W, a distance of 94.00 feet; S 03014'11" W, a distance of 14.50 feet; N 86045'49" W, a distance of 26.00 feet; Thence N 03°14'11" E, a distance of 14.50 feet; N 86°45'50" W, a distance of 178.59 feet; S 54°43'02" W, a distance of 69.92 feet; S 36042'58" W, a distance of 24.53 feet to the intersection of the Southerly right of way line of said West Maple Street and the Easterly right of way line of said Razorback Road; Thence S 02°43'04" W along the Easterly right of way line of said Razorback Road, a distance of 168.40 feet; Thence S 57028'29" W along the Easterly right of way line of said Razorback Road, a distance of 34.08 feet to the Point of Beginning, containing 0.43 Acres more or less. #10 Part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02°43'27" W along the West line of said NE1/4 SE1/4, a distance of 401.69 feet; Thence S 88°04'02" E, a distance of 19.28 feet to a point lying on the Easterly right of way line of Razorback Road and the Point of Beginning; Thence along the Easterly right of way line of said Razorback Road the following bearings and distances: S 88°04'02" E, a distance of 26.98 feet; S 02°34'31" W, a distance of 474.04 feet; S 47'17'49" E, a distance of 35.62 feet; S 07°31'38" W, a distance of 17.21 feet to a point lying on the Northerly back of curb line of Nolan Richardson Drive; Thence N 87°28'31" W along the Northerly back of curb line of said Nolan Richardson Drive, a distance of 17.76 feet to the beginning of a circular curve to the right at the intersection of the Northerly back of curb line of said Nolan Richardson Drive and the Easterly back of curb line of said Razorback Road; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: Northwesterly along a 29.00 feet radius curve to the right, thru a central angle of 90°07'05", for a distance of 45.61 feet, said curve having a chord bearing of N 42°24'59" W, and distance of 41.05 feet; N 02°38'34" E, a distance of 84.03 feet; N 02°30'46" E, a distance of 51.67 feet; N 00°20'35" E, a distance of 158.49 feet; N 02°30'46" E, a distance of 132.04 feet; N 02°54'25" E, a distance of 58.72 feet to the Point of Beginning, containing 0.30 Acres more or less. #11 Part of the NE1/4 SE1/4 and part of the SE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW corner of the said NE1/4 SE1/4; Thence S 02043'27" W along the West line of the said NE1/4 SE1/4, a distance of 990.51 feet; Thence S 87016'33" E, a distance of 41.41 feet to a point lying on the Easterly right of way line of Razorback Road and the Point of Beginning; Thence along the Easterly right of way line of said Razorback Road the following bearings and distances: S 02037'57" W, a distance of 191.59 feet; S 02037'57" W, a distance of 503.00 feet; S 32048'03" E, a distance of 15.96 feet; S 02037'57" W, a distance of 40.50 feet; N 87022'03" W, a distance of 8.46 feet; S 02032'57" W, a distance of 201.50 feet; S 02°46'05" W, a distance of 308.48 feet; S 87022'03" E, a distance of 9.23 feet; S 04°29'42" E, a distance of 54.63 feet; S 45°45'33" E, a distance of 15.96 feet; S 76°34'38" E, a distance of 36.68 feet; Thence S 88°32'28" W, a distance of 64.27 feet to the to the Easterly back of curb line of said Razorback Road and the beginning of a circular curve to the right; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: Northwesterly along a 40.00 feet radius curve to the right, thru a central angle of 51 °46'46", for a distance of 36.15 feet, said curve having a chord bearing of N 23°14'49" W, and distance of 34.93 feet; N 02°38'34" E, a distance of 245.78 feet; N 00'39'11" E, a distance of 172.82 feet; N 02°38'34" E, a distance of 113.63; Thence leaving the Easterly back of curb line of said Razorback Road N 02°38'34" E, a distance of 86.00 feet to the Easterly back of curb line of said Razorback Road; Thence N 02°38'34" E along the Easterly back of curb line of said Razorback Road, a distance of 35.14 feet; Thence leaving the Easterly back of curb line of said Razorback Road N 02038'34" E, a distance of 157.12 feet to a the Easterly back of curb line of said Razorback Road; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: N 02°38'34" E, a distance of 215.84; N 04°46'38" E, a distance of 161.08 feet; N 02°38'34" E, a distance of 125.51 feet to the beginning of a circular curve to the right; Northeasterly along a 34.50 feet radius curve to the right, thru a central angle of 89°52'55", for a distance of 54.12 feet, said curve having a chord bearing of N 47°35'01" E, and distance of 48.74 feet; S 87028'31" E, a distance of 4.65 feet; Thence S 02°31'29" W, a distance of 17.24 feet to a point lying on the Southerly right of way line of Nolan Richardson Drive; Thence S 44°34'24" W along the Southerly right of way line of said Nolan Richardson Drive, a distance of 36.39 feet to the Point of Beginning, containing 0.64 Acres more or less. #12 Part of the NW1/4 SE1/4 and part of the SW1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said NW1/4 SE1/4; Thence S 02043'27" W, a distance of 954.57 feet; Thence N 87°21'26" W, a distance of 48.50 feet to a point lying on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of said Razorback Road the following bearings and distances: S 02041'40" W, a distance of 885.85 feet; S 42059'26" W, a distance of 26.15 feet; S 11'00'02" W, a distance of 60.47 feet; S 02'30'15" W, a distance of 30.08 feet; S 87022'03" E, a distance of 31.00 feet; S 02037'57" W, a distance of 240.00 feet; S 07°12'24" W, a distance of 75.24 feet; S 00°52'46" E, a distance of 13.61 feet; S 15010'00" W, a distance of 23.86 feet; S 59011'49" W, a distance of 60.93 feet; Thence N 88°32'28" E, a distance of 65.11 feet to the Westerly back of curb line of said Razorback Road; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 39.50 feet radius curve to the left, thru a central angle of 43002'25", for a distance of 29.67 feet, said curve having a chord bearing of N 24°09'42" E, and distance of 28.98 feet; N 02°38'34" E, a distance of 256.33 feet; N 04037'56" E, a distance of 172.82 feet; N 02038'34" E, a distance of 607.73 feet; N 00°30'29" E, a distance of 161.08 feet; N 02°38'34" E, a distance of 126.25 feet; Northwesterly along a 33.50 feet radius curve to the left, thru a central angle of 49°41'15", for a distance of 29.05 feet, said curve having a chord bearing of N 22012'04" W, and distance of 28.15 feet; Thence N 87028'31" W, a distance of 7.18 feet to the Point of Beginning, containing 0.76 Acres more or less. #13 Part of the NW1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02043'27" W along the East line of the said NW1/4 NE1/4, a distance of 43.47 feet; Thence N 87°16'33" W, a distance of 30.92 feet to a point lying on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of said Razorback Road the following bearings and distances: S 02'05'15" W, a distance of 192.55 feet; S 02°56'28" W, a distance of 171.14 feet; S 02°56'28" W, a distance of 52.91 feet; N 87°22'08" W, a distance of 17.55 feet; S 02°37'57" W, a distance of 70.15 feet; Thence S 16°40'05" W, a distance of 28.86 feet; S 02°37'57" W, a distance of 82.00 feet; S 30°42'28" W, a distance of 17.53 feet; S 03°25'24" W, a distance of 50.00 feet; S 45°00'08" E, a distance of 21.57 feet; S 03°06'51" W, a distance of 163.01 feet; S 09'06'16" W, a distance of 24.47 feet; Thence S 87°28'31" E, a distance of 8.84 feet to the Westerly back of curb line of said Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 29.50 feet radius curve to the left, thru a central angle of 46°40'08", for a distance of 24.03 feet, said curve having a chord bearing of N 25°58'38" E, and distance of 23.37 feet; N 02°38'34" E, a distance of 83.71 feet; N 02°30'46" E, a distance of 51.61 feet; N 04°40'57" E, a distance of 158.48 feet; N 02°30'46" E, a distance of 132.20 feet; N 02°54'25" E, a distance of 380.29 feet; N 00°22'40" W, a distance of 25.69 feet to a circular curve to the left; Northwesterly along a 27.50 feet radius curve to the left, thru a central angle of 23°19'03", for a distance of 11.19 feet, said curve having a chord bearing of N 12002'11" W, and distance of 11.11 feet to the Point of Beginning, containing 0.23 Acres more or less. #14 Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02035'17" W along the East line of the said SW1/4 NE1/4, a distance of 545.93 feet; Thence N 86°40'08" W, a distance of 42.18 feet to the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of said Razorback Road the following bearings and distances: S 02°52'01" W, a distance of 302.22 feet; S 86°38'50" E, a distance of 3.21 feet; S 02°32'00" W, a distance of 179.59 feet to a point on the Westerly back of curb line of said Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 30.00 feet radius curve to the left, thru a central angle of 27°36'29", for a distance of 14.46 feet, said curve having a chord bearing of N 16°31'19" E, and distance of 14.32 feet; N 02043'04" E, a distance of 9.68 feet; Thence leaving said Westerly back of curb line of said Razorback Road and along the proposed Westerly back of curb line of said Razorback Road the following bearings and distances: N 02°43'04" E, a distance of 85.06 feet; N 04°37'24" E, a distance of 214.63 feet; N 03'01'17" E, a distance of 140.19 feet to the beginning of a circular curve to the left on the Westerly back of curb line of said Razorback Road; Thence Northwesterly along the Westerly back of curb line of said Razorback Road along a 29.50 feet radius curve to the left, thru a central angle of 38°31'42", for a distance of 19.84 feet, said curve having a chord bearing of N 16°14'34" W, and distance of 19.47 feet; Thence N 86040'08" W, a distance of 7.97 feet to the Point of Beginning, containing 0.11 Acres more or less. #15 Part of the SW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said SW1/4 NE1/4; Thence S 02°35'17" W along the West line of the said SW1/4 NE1/4, a distance of 31.42 feet; Thence N 87°24'43" W, a distance of 35.00 feet to a point lying on the Westerly right of way lien of Razorback Road and the Point of Beginning; Thence S 03°03'28" W along the Westerly right of way line of said Razorback Road, a distance of 469.02 feet; Thence S 86°40'08" E, a distance of 18.37 feet to the Westerly back of curb line of said Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 23.50 feet radius curve to the left, thru a central angle of 34000'59", for a distance of 13.95 feet, said curve having a chord bearing of N 19054'33" E, and distance of 13.75 feet; N 02054'03" E, a distance of 417.63 feet; Thence N 02040'22" E, a distance of 6.09 feet to the beginning of a circular curve to the left; Northwesterly along a 35.50 feet radius curve to the left, thru a central angle of 65048'22", for a distance of 40.77 feet, said curve having a chord bearing of N 30013'49" W, and distance of 38.57 feet to the Point of Beginning, containing 0.23 Acres more or less. #16 Part of the NW/4 NE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE corner of the said NW1/4 NE1/4; Thence S 02°43'18" W along the West line of the said NW1/4 NE1/4, a distance of 35.57 feet; Thence N 87015'25" W, a distance of 98.42 feet to a point lying on the Westerly right of way line of Razorback Road and the Point of Beginning; Thence along the Westerly right of way line of Razorback Road the following bearings and distances: S 02043'04" W, a distance of 16.99 feet; S 87016'56" E, a distance of 23.00 feet; S 48°06'31" E, a distance of 34.83 feet; S 02059'34" E, a distance of 40.20 feet; S 02°43'04" W, a distance of 83.09 feet; S 32°43'04" W, a distance of 22.48 feet; S 55046'02" E, a distance of 8.49 feet; S 02°43'04" W, a distance of 58.00 feet; N 87°16'56" W, a distance of 15.00 feet; S 02°43'04" W, a distance of 20.00 feet; S 22017'57" E, a distance of 33.11 feet; S 08°25'42" W, a distance of 60.30 feet; S 02°43'04" W, a distance of 164.00 feet; S 62053'17" W, a distance of 23.05 feet; S 02043'04" W, a distance of 26.97 feet; N 87°16'56" W, a distance of 49.00 feet; S 02°43'04" W, a distance of 20.56 feet; S 87016'56" E, a distance of 64.00 feet; S 02°43'04" W, a distance of 52.51 feet; S 87°08'22" E, a distance of 26.12 feet; S 02°46'31" W, a distance of 668.51 feet; Thence S 87012'53" E, a distance of 3.08 feet to the Westerly back of curb line of Razorback Road and the beginning of a circular curve to the left; Thence along the Westerly back of curb line of said Razorback Road the following bearings and distances: Northeasterly along a 32.50 feet radius curve to the left, thru a central angle of 63°06'05", for a distance of 35.79 feet, said curve having a chord bearing of N 34013'24" E, and distance of 34.01 feet; N 02°40'22" E, a distance of 507.98 feet; N 02058,57" E, a distance of 647.83 feet; N 02°58'57" E, a distance of 88.90 feet to the beginning of a circular curve to the left; Northwesterly along a 30.00 feet radius curve to the left, thru a central angle of 90009'00", for a distance of 47.20 feet, said curve having a chord bearing of N 42°05'33" W, and distance of 42.48 feet; N 87'10'03" W, a distance of 57.37 feet; Thence S 02°43'04" W, a distance of 5.88 feet to the Point of Beginning, containing 0.97 Acres more or less. #17 Part of the NW/4 NE1/4 of Section 17 and part of the SW1/4 SE1/4 of Section 8, all in Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Beginning at a point that lies N 80019'52" W, a distance of 83.78 feet from the SE corner of the SW1/4 SE1/4 of said Section, said point lying on the Northerly right of way line of West Maple Street and the Point of Beginning; Thence N 63002'21" E along the Northerly right of way line of said West Maple Street, a distance of 57.24 feet; Thence S 87016'56" E along the Northerly right of way line of said West Maple Street, a distance of 17.73 feet to the Westerly back of curb line of Razorback Road; Thence S 02°48'54" W along the Westerly back of curb line of said Razorback Road, a distance of 13.28 feet to the beginning of a circular curve to the right; Thence Southwesterly along the Northerly back of curb line of said West Maple Street along a 30.00 feet radius curve to the right, thru a central angle of 90°01'03", for a distance of 47.13 feet, said curve having a chord bearing of S 47049'25" W, and distance of 42.43 feet; Thence N 87°10'03" W along the Northerly right of way line of said West Maple Street, a distance of 37.41 feet; Thence N 02049'57" E, a distance of 14.81 feet to the Point of Beginning, containing 0.05 Acres more or less. #18 Part of the SE1/4 SE1/4 of Section 8, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the SW corner of said SE1/4 SE1/4; Thence N 29038'05" E, a distance of 51.01 feet to a point lying on the Easterly right of way line of Razorback Road and the Point of Beginning; Thence N 02019'02" E along the Easterly right of way of said Razorback Road, a distance of 1214.34 feet to the intersection of the Easterly right of way of said Razorback Road and the Southerly right of way line of Cleveland Street; Thence N 87°09'15" W along the Southerly right of way line of said Cleveland Street, a distance of 5.66 feet to the Easterly proposed back of curb line of Razorback Road; Thence along the Easterly proposed back of curb line of said Razorback Road the following bearings and distances: Southwesterly along a 29.53 feet radius curve to the left, thru a central angle of 31 °36'29", for a distance of 16.29 feet, said curve having a chord bearing of S 19°23'53" W, and distance of 16.08 feet; S 02°52'26" W, a distance of 171.46 feet; S 05°36'04" E, a distance of 51.06 feet to the Easterly back of curb line of said Razorback Road; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: S 02°23'22" W, a distance of 497.62 feet; S 02°37'37" W, a distance of 479.33 feet; Thence S 87°16'56" E, a distance of 8.23 feet to the Point of Beginning, containing 0.19 Acres more or less. ROW Dedication Description Part of the NE/4 NE1/4 and part of the SE1/4 NE1/4, and part of the SW1/4 NE1/4 and part of the NE1/4 SE1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the NW of the said NE1/4 NE1/4; Thence S 02043'18" W along the West line of said NE1/4 NE1/4, a distance of 309.18 feet; Thence S 87016'42" E, a distance of 23.76 feet to a point lying on the Easterly right of way line of Razorback Road and the Easterly back of curb line of said Razorback Road and the Point of Beginning; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: S 02058'57" W, a distance of 487.50 feet; S 02040'22" W, a distance of 608.01 feet; S 02°54'03" W, a distance of 436.29 feet; S 03°01'17" W, a distance of 198.13 feet; S 01 °25'06" W, a distance of 214.48 feet; S 02°43'04" W, a distance of 95.61; Thence Southeasterly along the Northerly back of curb line of Meadow Street along a 30.00 feet radius curve to the left, thru a central angle of 89°30'25", for a distance of 46.87 feet, said curve having a chord bearing of S 42°02'08" E, and distance of 42.24 feet; Thence S 01 °46'07" W, a distance of 31.18 feet to the Southerly back of curb line of said Meadow Street and the beginning of a circular curb to the left; Thence along the Easterly back of curb line of said Razorback Road the following bearings and distances: Southwesterly along a 30.00 feet radius curve to the left, thru a central angle of 90°29'35", for a distance of 47.38 feet, said curve having a chord bearing of S 47°57'52" W, and distance of 42.61 feet; S 02°43'04" W, a distance of 88.40 feet; S 03003'35" W, a distance of 200.01 feet; S 02°54'25" W, a distance of 322.05 feet; Thence N 88004'02" W, a distance of 17.94 feet; Thence N 02032'00" E, a distance of 401.68 feet to the SW corner of the aforesaid SE1/4 NE1/4; Thence N 02035'17" E along the West line of the said SE1/4 NE1/4, a distance of 124.57 feet; Thence N 86038'48" W, a distance of 37.23 feet to the Westerly back of curb line of said Razorback Road; Thence N 02°43'04" E along the Westerly back of curb line of said Razorback Road, a distance of 85.06 feet; Thence Northwesterly along the Westerly back of curb line of said Razorback Road along a 30.00 feet radius curve to the left, thru a central angle of 26°45'00", for a distance of 14.01 feet, said curve having a chord bearing of N 10'39'26" W, and distance of 13.88 feet; Thence N 02032'00" E, a distance of 34.66 feet; Thence S 86°40'45" E, a distance of 40.25 feet to the West line of the said SE1/4 NE1/4; Thence N 02°35'17" E along the West line of the said SE1/4 NE1/4, a distance of 1056.85 feet to the SW corner of the NE1/4 NE1/4; Thence N 02°43'18" E along the West line of the said NE1/4 NE1/4, a distance of 769.53 feet; Thence S 87°08'22" E, a distance of 5.84 feet; Thence N 02°46'31" E, a distance of 243.50 feet to a point lying on the Easterly right of way line of said Razorback Road; Thence N 57°28'29" E along the Easterly right of way line of said Razorback Road, a distance of 21.67 feet to the Point of Beginning, containing 1.43 Acres more or less. Written request and narrative to accompany Right -of -Way Vacation University of Arkansas, City of Fayetteville, Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate/reduce portions of ROW in the areas described below: Razorback Rd: Vacating ROW west of the west back of curb and east of the east back of curb from MLKJr Blvd to Maple St (and including the bus pull off area on the east side just north of Mitchell St); and east of the east back of curb from Maple St to Cleveland St. Excluding any vacation of the existing ROW along the west side of Razorback Rd, north of Center Street adjacent to the Islamic Center of Northwest Arkansas property. Maple St: Vacating ROW north of the north back of curb and south of the south back of curb, from Razorback Rd to Garland Ave Garland Ave: Vacating ROW west of the west back of curb and east of the east back of curb, from Maple St to Cleveland St (and including the bus pull off area on the east side between Douglas St and Cleveland St) Cleveland St: Vacating ROW south of the south back of curb, from Razorback Rd to Lindell Ave Hill Ave: Vacating ROW east of the east back of curb, south of MLKJr Blvd to the alley along the north side of the National Cemetery property Lt Col Leroy Pond: Vacating ROW west of the proposed back of curb, south of MLKJr Blvd to the Railroad ROW containing the City trail MLKJr Blvd: Vacating the 10' strip of ROW along the south side of MLKJr Blvd in the center of the block between Hill Ave and Lt Col Leroy Pond The University of Arkansas is the only abutting land owner to the rights of way sought to be vacated/reduced. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. Pedestrian Access Easements will be dedicated to the City to the back of sidewalks along the streets. Where storm drainage systems, water mains, and sewer mains exist within the proposed vacated areas: drainage, water, and sewer easements will be dedicated to the City. Other utilities located within the proposed vacated areas will receive written easements for their continued use, maintenance, & repair/replacement. The public interest and welfare would not be adversely affected by granting this vacation request. The vacation/reduction of the rights of way described above would benefit the City of Fayetteville by removing the senior sidewalks, sidewalks, side paths, lights, trees, signs, drive aprons, etc from required city maintenance and repair/replacement, thus saving the taxpayers and allowing money allocated for this purpose to be used where needed elsewhere. Those obligations would by conveyed unto the University of Arkansas. Included in the Petition Packet is: 1 Application and Payment of applicable fees for processing the application $205.00. 2 Legal description of areas to be vacated 3 Exhibit Maps 4 This Letter 5 Owner's consent 6 Authorization Letter 7 County Parcel Map Copies 8 Petition to Vacate ROW 9 Utility Company Comments Allen Jay Youn , Develop nt Consultants, Inc. PETITION TO VACATE/REDUCE STREET RIGHTS OF WAY LOCATED IN SECTIONS 8, 9, 16, 17 & 21, T16N, R30W, IN 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 street rights of way hereinafter sought to be abandoned/vacated/reduced, lying in sections 8, 9, 16, 17 & 21, T16N, R30W, in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the street rights -of -way which are described as follows: Razorback Rd: Vacating ROW west of the west back of curb and east of the east back of curb from MLKJr Blvd to Maple St (and including the bus pull off area on the east side just north of Mitchell St); and east of the east back of curb from Maple St to Cleveland St. Excluding any vacation of the existing ROW along the west side of Razorback Rd, north of Center Street adjacent to the Islamic Center of Northwest Arkansas property. Maple St: Vacating ROW north of the north back of curb and south of the south back of curb, from Razorback Rd to Garland Ave Garland Ave: Vacating ROW west of the west back of curb and east of the east back of curb, from Maple St to Cleveland St (and including the bus pull off area on the east side between Douglas St and Cleveland St) Cleveland St: Vacating ROW south of the south back of curb, from Razorback Rd to Lindell Ave Hill Ave: Vacating ROW east of the east back of curb, south of MLKJr Blvd to the alley along the north side of the National Cemetery property Lt Col Leroy Pond: Vacating ROW west of the proposed back of curb, south of MLKJr Blvd to the Railroad ROW containing the City trail MLKJr Blvd: Vacating the 10' strip of ROW along the south side of MLKJr Blvd in the center of the block between Hill Ave and Lt Col Leroy Pond That the abutting real estate affected by said abandonment/vacation/reduction of the street rights of way are various tracts of land owned by the University of Arkansas in the City of Fayetteville, the rights of way are only being abandoned to the extents noted in the description above thus reducing the street rights of way and not eliminating them, that the affected streets will continue to have unaffected vehicular traffic, and that the public interest and welfare would not be adversely affected by the abandonment/vacation/reduction of portions of the above described street rights of way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing storm drainage easements, water easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said storm drainage easements, water easements 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 -Lday of�NoV-CMht r 20 -J.►u Printed Name Signature 200 100 0 100 200 GRAPHIC SCALE 1" = 100' Esa.�RNER I„ b II RCW-CATION#I I 0 MATCH LINE I= n NOIµ RICHZ—N IP.O.B. TION %11 NORTHWEST C E SE}SEa RNER lM.L.K. Jr BLVD 80 = EC, RNER ROW Dedication Area ROW Vacation Area III � Noh. non orona noun ornoSE:dj> all OW 1. ..h-ae: m soy n�:we�mmooas��n Ra oroaa� SI io c�e�aare��e. -N Mage s,Row vase ma�al�r of d�eeame e�: pro on area eemreen owgia: spa �•, V�I�CLEVELAET ATOR Row o POB RowvacanouHWEST ervel rvy HER R.a.a. ROW nou oR,,.T,�,R3ow W MAPLE STREET _�LATCH LINE I�lIII�II �� CLEVELAND STREET OWVACa'ory I I W I D Z ow vacanouw u LU p I c Q ' II I I ub. nou oreoa �onnwnose.,11— Rowia:now I.-. n. ,Row a��aEn pl�Ed OR,— ocorca�� ROW Dedication Area ROW Vacation Area I MATCH LINE 200 too 0 100 200 GRAPHIC SCALE 1" = 100' e LU ozzo ow U?UZ w w r zz ) PAI CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: December 12, 2022 SUBJECT: VAC-2022-0024: Vacation (RAZORBACK RD., MILK BLVD., MAPLE ST., GARLAND AVE., CLEVELAND ST., HILL AVE., & LT. COL. LEROY POND AVEJUA-ARTS ROW VACATION, 482/521/522): Submitted by DCI for portions of right-of-way located along Razorback Rd./Maple St./Garland Ave/Cleveland St./Hill Ave./MLK Blvd./Lt. Col. Leroy Pond Ave. The rights -of -way are within or adjacent to property belonging to the University of Arkansas. The request is to vacate portions of existing street rights of way totaling approximately 6.54 acres. RECOMMENDATION: Staff recommends forwarding VAC-2022-0024 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: "I move to forward VAC-2022-0024 with a recommendation of approval, with conditions as recommended by staff." BACKGROUND: The subject property includes 6.54 acres of right-of-way spread along portions of seven public streets adjacent to University of Arkansas Property (see attached survey). Most prominently, the right-of-way includes: • Arts District: Three separate areas of right-of-way behind street curbs on the north, west, and east borders of the new Arts District, along W. Martin Luther King Jr. Boulevard, S. Hill Avenue, and S. LT. Col. Leroy Pond Avenue. • Former Highway 112: Multiple areas of right-of-way behind the curb along both the east and west sides of Razorback Road, north and south sides of W. Maple Street, and east and west sides of Garland Avenue. • Cleveland Street: Two areas of right-of-way along the south side of W. Cleveland Street, between N. Lindell Avenue to the east and N. Razorback Road to the west. Given the large number of properties associated with the right-of-way, adjacent zoning district information is not provided. All properties adjacent to the request are owned by the University of Arkansas with uses varying from parking and athletic facilities to housing and classrooms. A similar proposal was heard by the Planning Commission in late 2021, but was tabled indefinitely at the applicant's request to allow time to coordinate with the City Attorney's office. The applicant is bringing back a new request, with an additional portion of right-of-way for consideration. Planning Commission December 12, 2022 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 1 of 10 Proposal: The applicant proposes to vacate 18 separate pieces of public right of way totaling 6.54 acres along seven streets. In turn, a dedication of right-of-way totaling 1.43 acres is proposed along Razorback Road and between W. Nolan Richardson Drive to the south and W. Maple Street to the north. With this request, the applicant noted in their letter that existing utilities will be protected through easement dedication. Additionally, the applicant asserts that vacating the right- of-way will remove current and future sections of Senior Walk, landscaping, lights, and trees from the City's responsibility. DISCUSSION: For several years, the University of Arkansas expressed interest to City staff in achieving greater flexibility to program their property frontages along public streets. This is with the intent of using the land outside of the street and behind the curb for additional landscaping, alternative paving options, extended areas of Senior Walk, or other opportunities. While this was originally proposed as an agreement, the University ultimately submitted a request to vacate the subject right-of-way. Staff finds that if existing utilities and access are adequately protected, the proposal can promote the University's interests and remove areas from City maintenance. None of the 18 portions of right-of-way proposed for vacation encroach on driving lanes and all adjoin University property. Vacation Approval: The applicant has submitted the required vacation forms to the relevant City departments and franchise utility companies with the following responses in 2021; the applicant re -affirmed and made some modifications to the utility providers' conditions with this request in 2022. As the petitioner and sole landowner adjacent to the subject right-of-way, adjacent property owner consent is not an applicable standard. Utility Response Cox Communications No objections, provided any damage or relocation of existing Cox facilities will be at the expense of the applicant. AEP/SWEPCO No objections, provided easement be dedicated for existing facilities associated with this right-of-way vacation request. Black Hills Energy AR No objections, provided that easements along existing lines shall be drafted for Black Hills Energy review, then recorded (retaining same recording position as currently exists, if any). AT&T No objections, provided dedicated easements are recorded by client properly identifying ATT utilities in the field by means of surveying, pot holing, and coordinating with ATT representatives. A 10-foot utility easement at ATT existing utility locations a dedicated corridor for backbone placements. Further, ATT requests that any relocation/movement of ATT facilities will be at the cost of the petitioner, and that a permanent TELCO utility easement will be provided to cover all existing ATT facilities along the described route. Ozarks Electric No objections and no comment. City of Fayetteville Response Water/Sewer No objections, provided easements are dedicated as needed for existing water and sewer lines. Planning Commission December 12, 2022 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 2 of 10 Solid Waste & Recycling No objections and no comment. Transportation No objections, provided adequate accommodation is provided for pedestrian access, whether through easement or agreement. Transportation will also require the dedication of Right of Way to the back of curb in any areas where right of way does not currently exist and the dedication of a pedestrian access easement to the existing back of sidewalk or master street plan right of way in areas where sidewalk does not currently exist. Signal poles and appurtenances need to remain in the right of way, or an easement be dedicated over the areas where poles and appurtenances are located. Drainage easements are needed in areas of existing drainage facilities. An agreement will need to be developed establishing responsibility (or lack thereof) for repairs to non- typical features behind the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way, including drainage facilities and water/sewer lines. Public Comment. Staff has received inquiries about the request, but no statements of support or opposition. Given the scope of the request, staff required posting of ten public notification signs. RECOMMENDATION: Staff recommends forwarding VAC-2022-0024 to City Council with a recommendation of approval, with the following conditions: Conditions of Approval: 1. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and coordination by the applicant with the utility provider, including the client properly identifying utilities in the field by means of surveying, pot holing, and coordinating with representatives. 2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement. 3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist 4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of way in areas where sidewalk does not currently exist. 5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles and appurtenances are located. 6. Drainage easements must be dedicated in areas of existing drainage facilities. 7. An agreement will need to be developed establishing responsibility (or lack thereof) for repairs to non -typical features behind the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair of anything except a standard sidewalk. 8. Any damage or relocation of existing facilities will be at the property owner/developer's expense. 9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed by the Mayor. Planning Commission December 12, 2022 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 3 of 10 PLANNING COMMISSION ACTION: Required YES Date: December 12, 2022 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Applicant Request Letter • Applicant Petition to Vacate • Site Exhibit — ROW to be vacated • Overall Map Planning Commission December 12, 2022 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 4 of 10 Written request and narrative to accompany Right -of -Way Vacation University of Arkansas, City of Fayetteville, Arkansas. To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate/reduce portions of ROW in the areas described below: Razorback Rd: Vacating ROW west of the west back of curb and east of the east back of curb from MLKJr Blvd to Maple St (and including the bus pull off area on the east side just north of Mitchell St); and east of the east back of curb from Maple St to Cleveland St. Excluding any vacation of the existing ROW along the west side of Razorback Rd, north of Center Street adjacent to the Islamic Center of Northwest Arkansas property. Maple St: Vacating ROW north of the north back of curb and south of the south back of curb, from Razorback Rd to Garland Ave Garland Ave: Vacating ROW west of the west back of curb and east of the east back of curb, from Maple St to Cleveland St (and including the bus pull off area on the east side between Douglas St and Cleveland St) Cleveland St: Vacating ROW south of the south back of curb, from Razorback Rd to Lindell Ave Hill Ave: Vacating ROW east of the east back of curb, south of MLKJr Blvd to the alley along the north side of the National Cemetery property Lt Col Leroy Pond: Vacating ROW west of the proposed back of curb, south of MLKJr Blvd to the Railroad ROW containing the City trail MLKJr Blvd: Vacating the 10' strip of ROW along the south side of MLKJr Blvd in the center of the block between Hill Ave and Lt Col Leroy Pond The University of Arkansas is the only abutting land owner to the rights of way sought to be vacated/reduced. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. Pedestrian Access Easements will be dedicated to the City to the back of sidewalks along the streets. Where storm drainage systems, water mains, and sewer mains exist within the proposed vacated areas: drainage, water, and sewer easements will be dedicated to the City. Other utilities located within the proposed vacated areas will receive written easements for their continued use, maintenance, & repair/replacement. The public interest and welfare would not be adversely affected by granting this vacation request. The vacation/reduction of the rights of way described above would benefit the City of Fayetteville by removing the senior sidewalks, sidewalks, side paths, lights, trees, signs, drive aprons, etc from required city maintenance and repair/replacement, thus saving the taxpayers and allowing money allocated for this purpose to be used where needed elsewhere. Those obligations would by conveyed unto the University of Arkansas. Included in the Petition Packet is: 1 Application and Payment of applicable fees for processing the application $205.00. 2 Legal description of areas to be vacated 3 Exhibit Maps 4 This Letter 5 Owner's consent 6 Authorization Letter 7 County Parcel Map Copies 8 Petition to Vacate ROW 9 Utility Company Comments Allen Jay Youn , Develop nt Consultants, Inc. Planning Commission December 12, 2022 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 5 of 10 PETITION TO VACATE/REDUCE STREET RIGHTS OF WAY LOCATED IN SECTIONS 8, 9, 16, 17 & 21, T16N, R30W, IN 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 street rights of way hereinafter sought to be abandoned/vacated/reduced, lying in sections 8, 9, 16, 17 & 21, T16N, R30W, in the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the street rights -of -way which are described as follows: Razorback Rd: Vacating ROW west of the west back of curb and east of the east back of curb from MLKJr Blvd to Maple St (and including the bus pull off area on the east side just north of Mitchell St); and east of the east back of curb from Maple St to Cleveland St. Excluding any vacation of the existing ROW along the west side of Razorback Rd, north of Center Street adjacent to the Islamic Center of Northwest Arkansas property. Maple St: Vacating ROW north of the north back of curb and south of the south back of curb, from Razorback Rd to Garland Ave Garland Ave: Vacating ROW west of the west back of curb and east of the east back of curb, from Maple St to Cleveland St (and including the bus pull off area on the east side between Douglas St and Cleveland St) Cleveland St: Vacating ROW south of the south back of curb, from Razorback Rd to Lindell Ave Hill Ave: Vacating ROW east of the east back of curb, south of MLKJr Blvd to the alley along the north side of the National Cemetery property Lt Col Leroy Pond: Vacating ROW west of the proposed back of curb, south of MLKJr Blvd to the Railroad ROW containing the City trail MLKJr Blvd: Vacating the 10' strip of ROW along the south side of MLKJr Blvd in the center of the block between Hill Ave and Lt Col Leroy Pond That the abutting real estate affected by said abandonment/vacation/reduction of the street rights of way are various tracts of land owned by the University of Arkansas in the City of Fayetteville, the rights of way are only being abandoned to the extents noted in the description above thus reducing the street rights of way and not eliminating them, that the affected streets will continue to have unaffected vehicular traffic, and that the public interest and welfare would not be adversely affected by the abandonment/vacation/reduction of portions of the above described street rights of way. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing storm drainage easements, water easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said storm drainage easements, water easements 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 -Lday of�NoV-CMht r 20 -J.►u Printed Name Signature Planning Commission December 12, 2022 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 6 of 10 200 100 0 100 200 GRAPHIC SCALE 1" = 100' DITHEsaNQ RNER I„ b II RCW-CATION#, I 0 MATCH LINE I= n NO-RIOHZ.— IP.O.B. TION %11 NORTHWEST C E SE}SEa RNER INO .E.P - ROW Dedication Area I Ic ROW Vacation Area III � ml inn Ern �au�oreamroea�kma.m mrub ml a aa. lM.L.K. Jr BLVD -Nph. Rp�Drapa BNaAD — I— .11, �Nna�aIlS1 sa:aia> alRow..h.N�n�rappae. msoy ,weRoroa�e ��a amoas� aiocee�n: -N Mage&Row V.-a �al��aimee1.— p.li on area eenVeea D.S-Sia a1.dS— apa=Ra..—IRa. Planning Commission December 12, 2022 Agenda Item 6 ER VAR-2022-0024 (UNIVERSITY OF ARKANSAS) BED o� s SO=sPage 7 of 10 N R3ow �•, V�I LJ L, _ CLEVELAND STREET ATOR Row o POB RowvacanouHWEST ervel rvy HER R.a.a. ROW nou oR,,.T,�,R3ow W MAPLE STREET _�LATCH LINE I�lIIIIII I �'� ww-ftw_+l����,I� CLEVELAND STREET OWVACa'ory I I W I D Z ow vacanouw u LU p I c Q ' II I I ub. nou oreoa onnwnose.,11— Rowia:now I.-. n. ,Row a��aEn pl�Ed OR,— ocorca�� ROW Dedication Area ROW Vacation Area I Planning Commission MATCH LINE December 12, 2022 Agenda Item 6 VAI�-2022-06^ "djj 41 T"1�MSAS) GRAPHIC SCALE 1 •• = 100Page 8 of 10 e Lu ozzo ow U?UZ w w r zz ) Planning mission Decemb@ 12, 2022 rd �Aaenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 9 of 10 Agenda Item 6 VAR-2022-0024 (UNIVERSITY OF ARKANSAS) Page 10 of 10 ORDINANCE NO. AN ORDINANCE TO APPROVE VAC 22-024 FOR PROPERTY LOCATED ALONG RAZORBACK ROAD, MAPLE STREET, GARLAND AVENUE, CLEVELAND STREET, HILL AVENUE, MARTIN LUTHER KING JUNIOR BOULEVARD AND LT. COLONEL LEROY POND AVENUE IN WARDS 1 AND 2 TO VACATE PORTIONS OF STREET RIGHTS -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 portions of street rights -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 rights -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. Easements shall be dedicated for any existing facilities associated with this right-of-way vacation request, with review and coordination by the applicant with the utility provider, including properly identifying utilities in the field by means of surveying, pot holing, and coordinating with representatives. 2. Adequate accommodation for pedestrian access must be maintained whether through easement or agreement. 3. The applicant must dedicate right-of-way to the back of curb in any areas where right of way does not currently exist. 4. The applicant must dedicate a pedestrian access easement to the existing back of sidewalk or master street plan right of way in areas where sidewalk does not currently exist. 5. Signal poles and appurtenances must remain in the right-of-way, or an easement be dedicated over the areas where poles and appurtenances are located. 6. Drainage easements must be dedicated in areas of existing drainage facilities. 7. An agreement will need to be developed establishing responsibility for repairs to non- typical features behind the curb due to maintenance, installation, and repair of any city facilities located within vacated rights of way, including drainage facilities and water/sewer lines. The City will not be responsible for maintenance or repair of anything except a standard sidewalk. 8. Any damage to or relocation of existing facilities will be at the property owner/developer's expense. 9. All easements and agreements required as a condition of this vacation shall be reviewed by the City and signed by the Mayor. RECEIVED FEB 15 20:J NORTHWEST ARKAI-AS - IMR" ORME' D•dmance:661g VAC 22M GAZORBACK MY MAPLE ST, ETC' m2M2-262 DVm®c a c e ETGi AN ORDM APPROVE VAC 22-0 ERWLOCATEOALONG - 'G1?DO•" ICCONGAIXTROAD, STREET, 4ARWNDAVENUE CLEW CLBVEWNDSTREBT. AFFIDAVIT OF PUBLICATION N EBEAS,Aeo'CouneJbu Neadden, wM A C A. t 1454-1 W W settle public ®omlde p pomons IMro(wNOM1 ve nd rtgwn 1, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the fu roryonn the Cits:and cast., me cn Camm�l has deld,mldedw Northwest Arkansas Democrat-Gazette,adail new printed rintedand y Nerninedemnbed WSM^es'ennabb ar-wa'sylavdred gin,ideo,pmntlepmposn. published in said County, State of Arkansas; that I was so related to this NOW, THEREFORE' BE IT ORDAINED BY THE CITY COIMCIL OF THE CITY OF ublication at and durin the publication of the annexed legal advertisement P g P g FAYETTEVILLE, ARKANSAS. sectical: donflos i9Cwdl.fdecyof the matter of: Notice pending in the Court, in said County, and at the dates of o il'� ce„� "�;° � a the several publications of said advertisement stated below, and that during said .a.obeabe the Pluming oepmanedr, mama. periods and at said dates, said newspaper was printed and had a bona fide Sooddi Ampyuf,M1,s Orduunceduly wed 6 the o' cic,4 alodgnuab d e onsp circulation in said County; that said newspaper had been regularly printed and nimcbed u EGdeIAPo Ne Pluuii"g Dep,d,ea s m—. aban ne film m the Ifieepr period of published in said County, and had a bona fide circulation therein for the p the Wtlbnoa comar egad CIs'. see0on 2. TNs vazetio^ WPNls wb;Mb one month before the date of the first publication of said advertisement; and that das I f°IId""g FaathemeMsa "I be cohered fer said advertisement was published in the regular daily issues of said newspaper etyealeung fadbnea easocianal w;th than ngJdo and wry... nuts, w"M1 renew as stated below. eamdaeDnn by dte.p I.. with de, diary pmsiM, including copedy idcuffyug ufibtiesi the field by means of,u na, not Was, and City of Fayetteville -Clerks Off ooamnudng wlthaepreuauonce commodeoon%r 2. Aeoauele xi p�nn.a as et,bnm ,.ones wberoa. Ord 6640 mmnd,< e.,a¢memed ght- nns, day ndiuk of -wry b Ibe back of curs, in day aces wlux of back of Was inserted in the Regular Edition on: ngb`°`way°ae5no1Cunnandyeaiat 4. Thowlcm'mu„dedkuea February 12, 2023 �� ��`J pmem'et a— eaumem.tan'Gandgb.cki ndewal4 nppn orne"' In" pled ofwey in a a where sdewalk does do, c—un, awt. 5. Signal poles and appimcnumea Publication Charges: $214.32 mas,re,n..I""°ngb'ar-wdy.°,.d°.an^e^' bedWlmmosnclicasse whecepolon" apryaenarcn art lowrcd. 6. Pram, acumen once, be dediurtd In areas areasnng d,vn.ge recdinaa. I. Ad cannot— —a—I. be deselepee es,abbfimg mreadbil,ry fo, up.i,s Pa 1a Lop z w-typical fea^o���Na due to wd%aa laa.me wnbm.et.rce nghn oarawy.>n Subscribed and swgm to before me This j 3 day of 9- , 2023. urn Pub is "PN's MAW �M �M�l �,o iE io3T f�n - /f/(' MY �°man`sTlan ExV YWW —1Y — Notary Public My Commission Expires: ""NOTE"" �MIIP`71111 11,1GG Please do not pay from Affidavit. Invoice will be sent.