The URL can be used to link to this page

Home My WebLink AboutOrdinance 6645v 0 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 to - Kind: OROINA110 Recorded: 03/10/2023 at 09:29:29 A11 Vaahinaton6 0 uotyepARl of 10 Kyle 3vlveater Cirutt clerk File2023-00005998 Ordinance: 6645 ARCHIVI. File Number: 2023405 VAC 22-028 (EAST SAIN STREET./TRAILS AT THE CREEK) AN ORDINANCE TO APPROVE VAC 22-028 FOR PROPERTY LOCATED AT 1074 EAST SAIN STREET IN WARD 3 TO VACATE A PORTION OF UTILITY EASEMENT AND A PORTION OF A GRADING EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of utility easement and grading easement are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS- Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of utility easement and a portion of grading casement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions 1. Any damage to or relocation of existing facilities will be at the developer's expense. 2. Any new utility easements to serve LSD-2022-0006 must be coordinated when the Master Street Plan right -of - my is established. 3. A 20-foot wide easement must be retained and approved by the Utilities Department for any existing sanitary sewer. 4. Approval and issuance of a grading permit in association with LSD-2022-0006. 5. The amount of $127,500.00 shall be paid to the City of Fayetteville as reimbursement for the original cost paid for the grading easements being vacated. PASSED and APPROVED on February 21, 2023 Page 1 Ordinance: 6645 File Number.' 2023-405 Page 2 Attest: A�L�f�K I •Tf�4'fi Kara Paxton, City CI Treasurer EJ "A y ►.r� r, • fi 7 j,r-y ■ r n �� rfrr•�-�fLL ■ v r Y•• 'If �7J• �• NCj •■��Ly1 L 111 � J EXHIBIT'A' 190,0000 3 ugmoeON �; VAC-2022-0028 ,f } 141 �i 100 • / z SEUD V 98'0 MOSN NL 41 9, gag 1 C-0) / ...6/CHIC. CMS / MOCU M"ll gz :ass . r ♦ 6/6 3N `6/l 3S @ a3 c U o / ,[ y N • N 0 ui iD� 3. % 2 i rij S \ W 2 tti � � � ♦t ♦ ' 7 ♦ N m � 7 % t `v Oo 1 ♦ a a t` Q� t y e t � t w N t ON W U N n W uj t w 00 N J i LL °p M � m N O 61 a w ri I j ^ co 0 o c k L7 m U V M W twg- N O N O M O EXHIBIT 'A' VAC-2022-0028 Southeast PGE #1 10,915.39 SF d it ram• L 0.25 AC 1��'�l G _ N81 °45'20"E Y g6$ A�, 90.27' �h_�S84°?1'56"W ?64,94' SOUTHEAST PGE #1 VACATION A Permanent Grading Easement (PGE) across part of the southwest quarter of the northwest quarter (SW/4 NW/4) of Section 25, and part of the southeast quarter of the northeast quarter (SE/4 NE14) of Section 26, all in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southwest corner of the said SW/4 NW/4 of Section 25; thence, along the south line of the SW/4 NW/4, S87°3728'E 140.00 feet, thence leaving the south line NO2°40'55"E 199.11 feet thence N41 °08'13"W 192.68 feet to the PGE Point of Beginning; thence S53°5536"W 143.47 feet thence S68°16'53"W 124.12 feet thence S84°11'56"W 164.94 feet thence N08°18'32"W 12.25 feet to the new south line of Sain Street thence along the new south line of Sain Street for the following courses: N81 °45'20"E 90.27 feet to the point of curvature of a curve to the left with a radius of 388.00 feet, thence 149.16 feet along the curve for a chord of N70°4431 "E 148.25 feet to the point of tangency, thence N59°4342"E 25.61 feet thence N57°05'00"E 74.82 feet thence N54°03'28"E 75.62 feet, thence leaving the new south line of Sain Street S41 °08'13"E 32.99 feet to the PGE Point of Beginning, enclosing 10,918 square feet, or 0.251 acres. Line Table Line # Distance Bearing L1 12.25' N08°18'32"W L2 25.61' N59°4342 E L3 32.99' S41°08'13 E IRR1I 1■ Surveying 1. L Engineering u ]� • Mapping alga z? zz r pew vi m +J ry U1 v hI� w ++II SE Comer SE 114, NE 1/4 Season 26 T-1 M, R-30-w 4.84 Acres ± Concrete SE 114, NE 114, sec. 26, T17N, R30W Monument t 140.00_ _ NE 1/4, SE 1/4, Sec. 26,T77N, R30W 1.04 Acres ± S 87°23'08" E 1/2"Reber South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C 1 149.16' 388.00' 148, 25' N70°44'31 "E Southeast PGE # 1 Easement Exhibit 100 50 100 Project Number. (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443,4506 Office ♦ 479.582.1883 Fax EXHIBIT 'A' VAC-2022-0028 Southwest PGE #2 1,685.83 SF 0.04 AC N$1°a5'2o` i8$.56' w 164.94' L1 584 °11'S6"W r� g76°8�,18.tiy S85"4 6's ' U►f r 100,58 3IxH I P. C}. B. z z 1 x'r Tti C SOUTHEAST PGE #2 VACATION A Permanent Grading Easement (PGE) across pan` of the southeast quarter of the northeast quarter (SE/4 NEN4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°3728"E 140.00 feet; thence leaving the south line NO2°40'55" 199.11 feet; thence N41°08'13"W 192 68 feet thence S53'55'36"W 143.47 feet thence S68o16'53"W 124.12 feel; thence S84° 11'56"W 164.94 feet thence SB I °45'20"W 20.00 feet to the PGE Point of Beginning: thence S85°4234"W 100.58 feet; thence S76°04'17"W 83.18 feet; thence N22°34'00"W 13 99 feet to the new south line of Sain Street; thence along the new south line of Sain Street N81 °45'20"E 186.56 feet thence leaving the new south line of Sain Street S08° 16'32"E 12.25 feet to the PGE Point of Beginning, enclosing 1, 686 square feet, or 0.039 acres. Line Table Line # Distance Bearing LP 20.00' S81°45'20"W L2 13.99' N22°34'00"W L3 12.25' S08°18'32"E i~ "n m hLo Q SE Corner I I 114, NE 114 &W 26 - it-I 7-N R-30-W 4 S4 Aaw.c t Concrete SE 114. NE 114, Ser. 26,, r17N, Monument I _ 140.00' NE - P4, SE 114. So,-,26, T17N, RSO U' " �1 1.04 Acres ± S 87°23'08" E 1/2" Rebar Soutlr ofUne 2.54' Southwest PGE #2 Easement Exhibit n - tto IrrIJJj� I CC $M1p � ESIt 1,3 T" IIl1.•l7I1 !LI + av�� Prerjccl Nurnbrr. (ux LeeL 1 inch = 10( fL 20 4434 Trails on l.La Crrck CrrliCit aLc ol' .Aullinrizalxori X-1534 Dal.c:021 02/2023 5104 S. Pinnacle Hills Pkwy • Rogers, Arkansas 72758 # 479.443.4506 Office • 479.582.1883 Fax N79°28'00"E U� S81'45'20'W 1A5.21 EXHIBIT 'A' VAC-2022-0028 S84°45`20'_W�� W _ P.O.B. J `\ Northwest PGE #3 2,453.48 SF 0.06 AC 3 hro NORTHWEST PGE #3 VACATION y N o UJ `' A Permanent Grading Easement (PGE) across part of the southeast I I quarter of the northeast quarter (SE14 NE/4) of Section 26, in o Township 17 North, Range 30 West, in the City of Fayetteville, in ;r Washington County, Arkansas, being also a part of a tract described in o " Washing County deed book 799, page 170, and being more SE Corner 2 i particularly described as follows: Commencing at the southeast corner of the said SE14 NE14 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28'E 140.00 feet thence leaving the south line NO2°40'55"E 199.11 feet thence N41 °08'13"W 279.20 feet to the new north line of Sain Street; thence along the new north line of Sain Street for the following courses: S65°35'09"W 107.91 feet thence S62°21'02"W 32.68 feet; thence S59 °43'42"W 25.52 feet- to the point of curvature of a curve to the right with a radius of 312.00 feet thence 119.95 feet along the curve for a chord of S70°44'31"W 119.21 feet to the point of tangency, thence S81 °45'20"W 109.67 feet to the PGE Point of Beginning; thence continuing S81°45'20"W 160.19 feet to the existing south line of Sain Street, thence leaving the new north line of Sain Street, along the existing south line of Sain Street, along a non -tangent curve to the northeast, concave to the northwest, with a radius of 60.00 feet and arc length of 19.39 feet, for a chord of N37°51'50"E 19.30 feet thence leaving the curve and the existing south line of Sain Street N79°29'00"E 145.21 feet; thence along a non -tangent curve to the south, concave to the east, with a radius of 167.00 feet and arc length of 19.19 feet, for a chord of S 11 °47'26"E 19.17 feet to the PGE Point of Beginning, enclosing 2,450 square feet or 0.056 acres. Line Table Line # Distance Bearing L 1 32.68' S62°21'02"W L2 25.52' S59°4342"W L3 19.17' S 11 °47'26"E SE 1/4, NE 1/4 Secwn 26 R.$AW Concrete R30W Monument 4.84 Acres ± I SE 114, NE 114, Sec 26,T17N, 1 >40.00_ NE 1/4, SE 1/4, Ser, 26, T77N, R30W _ 104 Acres ± S 87°23'08" E 1/2" Rebar South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 119.95' 312,00' 119,21' S70°4431"W C2 19.39' 60,00' 19.30' N37°51'50"E Northwest PGE #3 Easement Exhibit ] 100 0 50 I00 C # 8-ong C �� EnglneeAng ��JJJ Mepping Project Number. (ia feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy • Rogers, Arkansas 72758 ♦ 479.443.4506 Office # 479.582.1883 Fax EXHIBIT 'A' VAC-2022-0028""3Vs 0 POB N CS-8 ° 0 89, 6 Northeast PGE #4 10,448.81 SF 0.24 AC O � C NORTHEAST PGE #4 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE14 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28"E 140.00 feet, thence leaving the south line NO2°40'55"E 199,11 feet thence N41 °08'13"W 279.20 feet to the PGE Point of Beginning at the new north line of Sain Street thence along the new north line of Sain Street to the following courses: S65°35'09"W 107.91 feet, thence S62°21'02"W 32.68 feet thence S59°4342"W 25.52 feet to the point of curvature of a curve to the right with a radius of 312.00 feet, thence 119.95 feet along the curve for a chord of S70°4431 "W 119.21 feet to the point of tangency, thence S81°45'20"W 89.51 feet; thence leaving the new north line of Sain Street, along a non -tangent curve to the north, concave to the east, with a radius of 147.00 feet and arc length of 19.99 feet, for a chord of N 12°07'16"W 19.98 feet, thence leaving the curve N79°29'00"E 99.12 feet thence N69°15'34"E 50.00 feet; thence N61 °45'22"E 140.00 feet; thence N66°29'12"E 70.98 feet; thence S41 °08'13"E 33.35 feet to the PGE Point of Beginning, enclosing 10,448 square feet, or 0.240 acres. Line Table Line # Distance Bearing L1 32.68' S62°21'02"W L2 25.52' S59°4342"W L3 50.00' N69°15'34"E y z? z� � N W N p Co 'SCo W h toI� 1w °V1 of O 2 I Sorie NE n26 L W N, R-3 4.84Acres± Concrete SE 1/4, NE 114, Sec 26, T17N, R30Monument 140.00_ I N _ 0 3W 1. 04 Acres i S87°23'08"E 112"Reber South of Line 2 54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 119,95' 312.00' 119.21' S70°44'3111W C2 19,99, 147.00' 19.98, N12°07'16"W Northeast PGE #4 Easement Exhibit ] . 100 0 50 100 sumftg L L �� EnglnroAng u �� P... JJJ Mepp�:g m feet 1 inch = 100 ft &.48WJAII�:!~.A. Project Number. 20-4434 Trails on the Creek Certificate of Authorization N 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office • 479.582.1883 Fax EXHIBIT'B' BLEW & ASSOCIATES, PA VAC-2022-0028 CIVIL ENGINEERS & LAND SURVEYORS UTILITY EASEMENT VACATION A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.' COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTYACRE TRACT, AND RUNNING THENCE S87023'08"E 140.00, THENCE N0203652"E 200.26, THENCE N41 °10'35"W 428.12, THENCE S4804434"W 71.20, THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1175.51, AND A CHORD BEARING AND DISTANCE OF S5805644"W 414.71, THENCE S81 °45'20"W 21.69', THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 60.00, AND A CHORD BEARING AND DISTANCE OF N37007'18"E 18.98, THENCE S88°36'00"W 35.05, THENCE S81 °54'26"W 13.76' TO THE POINT OF BEGINNING, THENCE S81 °54'26"W 35.21, THENCE S5802433"W 25.54, THENCE S80°5433"W 59.38, THENCE N87°50'27"W 119.22, THENCE N00040'12"E 3.72, THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1115.51, AND A CHORD BEARING AND DISTANCE OF N79001'52"E 175.76, THENCE N81 °54'26"E 59.21, THENCE S0800534"E 22.50' TO THE POINT OF BEGINNING. CONTAINING 0.11 ACRES MORE OR LESS. 3825 N. SHILOH DR • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 47 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 EXHIBIT'B' VAC-2022-0028 Southeast PGE#1 A Permanent Grading Easement (PGE) across part of the southwest quarter of the northwest quarter (SW/4 NW/4) of Section 25, and part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, all in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southwest corner of the said SW/4 NW/4 of Section 25; thence, along the south line of the SW/4 NW/4, S87°37'28"E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet; thence N41°08'13"W 192.68 feet to the PGE Point of Beginning; thence S53°55'36"W 143.47 feet; thence S68°16'53"W 124.12 feet; thence S84°11'56"W 164.94 feet; thence N08°18'32"W 12.25 feet to the new south line of Sain Street; thence along the new south line of Sain Street for the following courses: N81°45'20"E 90.27 feet to the point of curvature of a curve to the left with a radius of 388.00 feet; thence 149.16 feet along the curve for a chord of N70°44'31"E 148.25 feet to the point of tangency; thence N59°43'42"E 25.61 feet; thence N57°05'00"E 74.82 feet; thence N54°03'28"E 75.62 feet; thence leaving the new south line of Sain Street S41°08'13"E 32.99 feet to the PGE Point of Beginning, enclosing 10,918 square feet, or 0.251 acres. Southwest PGE #2 A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87"37'28"E 140.00 feet; thence leaving the south line NO2'40'55" 199.11 feet; thence N41*08'13"W 192.68 feet; thence S53°55'36"W 143.47 feet; thence S68'16'53"W 124.12 feet; thence S84'11'56"W 164.94 feet; thence S81°45'20"W 20.00 feet to the PGE Point of Beginning; thence 585`42'34"W 100.58 feet; thence S76°04'17"W 83.18 feet; thence N22°34'00"W 13.99 feet to the new south line of Sain Street; thence along the new south line of Sain Street N81'45'20"E 186.56 feet; thence leaving the new south line of Sain Street S08°18'32"E 12.25 feet to the PGE Point of Beginning, enclosing 1,686 square feet, or 0.039 acres. Northwest PGE #3 A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washing County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87'37'28"E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet; thence N41°08'13"W 279.20 feet to the new north line of Sain Street; thence along the new north line of Sain Street for the following courses: S65'35'09"W 107.91 feet; thence 562°21'02"W 32.68 feet; thence S59*43'42"W 25.52 feet; to the point of curvature of a curve to the right with a radius of 312.00 feet; thence 119.95 feet along the curve for a chord of S70'44'31"W 119.21 feet to the point of tangency; thence S81°45'20"W 109.67 feet to the PGE Point of Beginning; thence continuing S81'45'20"W 160.19 feet to the existing south line of Sain Street; thence leaving the new north line of Sain Street, along the existing south line of Sain Street, along a non -tangent curve to the northeast, EXHIBIT'B' VAC-2022-0028 concave to the northwest, with a radius of 60.00 feet and arc length of 19.39 feet, for a chord of N37'51'50"E 19.30 feet; thence leaving the curve and the existing south line of Sain Street N79`29'00"E 145.21 feet; thence along a non -tangent curve to the south, concave to the east, with a radius of 167.00 feet and arc length of 19.19 feet, for a chord of S11*47'26"E 19.17 feet to the PGE Point of Beginning, enclosing 2,450 square feet, or 0.056 acres. Northeast PGE#4 A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87'37'28"E 140.00 feet; thence leaving the south line NO2`40'55"E 199.11 feet; thence N41'08'13"W 279.20 feet to the PGE Point of Beginning at the new north line of Sain Street; thence along the new north line of Sain Street to the following courses: 565'35'09"W 107.91 feet; thence S62'21'02"W 32.68 feet; thence S59°43'42"W 25.52 feet to the point of curvature of a curve to the right with a radius of 312.00 feet; thence 119.95 feet along the curve for a chord of 570"44'31"W 119.21 feet to the point of tangency; thence S81°45'20"W 89.51 feet; thence leaving the new north line of Sain Street, along a non -tangent curve to the north, concave to the east, with a radius of 147.00 feet and arc length of 19.99 feet, for a chord of N12'07'16"W 19.98 feet; thence leaving the curve N79'29'00"E 99.12 feet; thence N69°15'34"E 50.00 feet; thence N61*45'22"E 140.00 feet; thence N66"29'12"E 70.98 feet; thence S41°08'13"E 33.35 feet to the PGE Point of Beginning, enclosing 10,448 square feet, or 0.240 acres. 9 Washington County, qR I certify this instrument was filed on 03"012023 09- 29AM and recorded in Real Estate File Number 2023-00005998 Kyle Sylvester • Circuit Clerk CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 21, 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: CITY COUNCIL MEMO 2023-405 SUBJECT: VAC-2022-0028: Vacation (EAST SAIN STREET./TRAILS AT THE CREEK, 174): Submitted by BLEW AND ASSOCIATES for property located at 1074 E. SAIN ST. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 10.55 acres. The request is to vacate a 0.11-acre portion of a utility easement and a 0.57-acre grading easement. RECOMMENDATION: City staff recommend approval of VAC-2022-0028 as shown in the attached Exhibits `A' and `B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the developer's expense. 2. Any new utility easements to serve LSD-2022-000006 must be coordinated when the Master Street Plan right-of-way is established. 3. A 20-foot wide easement must be retained for any existing sanitary sewer. 4. Utility vacation subject to approval and issuance of grading permit in association with LSD-2022-000006. 5. The City of Fayetteville will be reimbursed $127,500.00 for the original cost paid for the grading easements requested to be vacated. 6. The reimbursement must be paid prior to the grading easements being vacated. BACKGROUND: The subject property is in north Fayetteville, south of Mud Creek, and west of Butterfield Trail Village. The eastern and southern portions of the main site are characterized by steep slopes down to Mud Creek and its floodplain to the north, and up to Brookhaven Estates and Christian Life Cathedral to the south. A relatively level area is found between these two grades and across the remainder of the property. Despite the terrain, no portion of the property falls within the Hillside -Hilltop Overlay district. The property received its current zoning designation of RPZD on November 5, 2020 with the passage of Ordinance 6377 by City Council. An associated large-scale development of multi -family housing was approved by the Planning Commission on November 28, 2022 (LSD-2022-000006). Request: The applicant proposes to vacate a 0.11-acre portion of a utility easement and a 0.57-acre grading easement. Public Comment: No public comment was offered on this item. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The easement vacation request is associated with an approved large-scale development for multi -family housing that was approved by Planning Commission on November 28, 2022. The vacation request comes on the heels of the completion of the Sain Street connection, and it has been determined that the easements are no longer needed to serve the public interest or the street's associated construction. All franchise utility companies have consented to this vacation, and all associated conditions of approval have been incorporated above. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, EXHIBIT A, EXHIBIT B, ENGINEERING MEMO, LETTER OF INTENT, UTILITY EASEMENT PETITION TO VACATE, GRADING EASEMENT PETITION TO VACATE, UTILITY EASEMENT SURVEY, GRADING EASEMENT SURVEY Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-405 VAC-2022-0028: Vacation (EAST SAIN STREET./TRAILS AT THE CREEK, 174): Submitted by BLEW AND ASSOCIATES for property located at 1074 E. SAIN ST. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 10.55 acres. The request is to vacate a 0.11-acre portion of a utility easement and a 0.57-acre grading easement. AN ORDINANCE TO APPROVE VAC 22-028 FOR PROPERTY LOCATED AT 1074 EAST SAIN STREET IN WARD 3 TO VACATE A PORTION OF UTILITY EASEMENT AND A PORTION OF A GRADING EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of utility easement and grading easement are not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of utility easement and a portion of grading easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of existing facilities will be at the developer's expense. 2. Any new utility easements to serve LSD-2022-0006 must be coordinated when the Master Street Plan right-of-way is established. 3. A 20-foot wide easement must be retained and approved by the Utilities Department for any existing sanitary sewer. 4. Approval and issuance of a grading permit in association with LSD-2022-0006. 5. The amount of $127,500.00 shall be paid to the City of Fayetteville as reimbursement for the Page 1 Ordinance: 6645 File Number: 2023-405 original cost paid for the grading easements being vacated. Page 2 City of Fayetteville Staff Review Form 2023-405 Legistar File ID 2/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/3/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0028: Vacation (EAST SAIN STREET./TRAILS AT THE CREEK, 174): Submitted by BLEW AND ASSOCIATES for property located at 1074 E. SAIN ST in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 10.55 acres. The request is to vacate a 0.11-acre portion of a utility easement and a 0.57-acre grading easement. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 EXHIBIT'A' ,� 1 i 9z'ooz 3„aggC.aoN w VAC-2022-0028 Ati / I Lu A 5 QA oo�' / I' OOo Q) M C 0 O N CO / z Saab y 88.0 MOC& `NZ kL 'oeS .q0 b/L MN `6/l MS MOEN `NL 11 `9Z 'oaS i P14 3N `6/l 3S P a °3 m a�i f / c oaoZ W W z g coC',cti / M M / + ~ +I m i N N N w i 'O co v a o � C%s o W <P m ¢W OQULLL 1�51�4GS��♦ cn�ZZZZONN�OO �� ` ft ��u-:t JCd / ��ZZ O WQO I� ¢ _ O M U a \ \ jN t� CD"��NI�^Zv�cMZ " R ER�;.a O�IQ" ycaN c.a UZW O O0Zuo_- U ZWWujI N-- cn \ OM0ZO�ZWzLo U-U' I-O OWN�CV \ \ \ OZUoWcoU_U = 04 �mUzZ(1)15 dmW ¢W � ¢�::=pOv z zUOQ��ZOo Q O N N \ \ C'1Z�22(.)zp 0Uo co o O N— \ \ U C/)(xWZ: �-z U) :t W cts -4 N QZQWZ Juj Z—LIP 0) ctsi P In 00 o -C 00 ' J 0 N co �co � UUMC\j o-z`"�L�O �ZZN�ZO O Z Z Cl)m 6I J a j W M o�gC t o�_ 1 J kw�woW� Wz-00 oLut zcooUz=`"� m ^ bo \ co �. It IW-2UUeJMOU�z O�� I o n aui�ui coI. o P P Co P P P s N O O O J v P P it Z U U U O U I- ' COzW2 z¢ co Ov~j�OUW¢�Wml-zUP J ¢W�cZ Wz0WU-co ¢I-MO��QWzI-a I-Z J i-~~?-� z M Wz ¢coo WK.cn UI P W I_ N Q P N O T r Z P O �l Z l� O U� UQ�W�Q coW� III WO�ca LO OWO�Z �r� J¢Zcnzui m Z 1=W^WUZQcoWM=�zW U ct 1� -j W cn c. 01 EXHIBIT 'A' VAC-2022-0028 P.O.B. Southeast PGE #1 y3� 3�� s 10, 915.39 SF 0.25 AC �1 �� t N81°45'20"E \�� 9027 S84°11'56W 164.94' SOUTHEAST PGE #1 VACATION A Permanent Grading Easement (PGE) across part of the southwest quarter of the northwest quarter (SW/4 NW/4) of Section 25, and part of the southeast quarter of the northeast quarter (SE/4 NE14) of Section 26, all in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southwest corner of the said SW/4 NW/4 of Section 25, thence, along the south line of the SW/4 NW/4, S87°3728'E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet, thence N41 °08'13"W 192.68 feet to the PGE Point of Beginning; thence S53°5536"W 143.47 feet; thence S68°16'53"W 124.12 feet; thence S84°11'56"W 164.94 feet; thence N08°18'32"W 12.25 feet to the new south line of Sain Street; thence along the new south line of Sain Street for the following courses: N81 °45'20'E 90.27 feet to the point of curvature of a curve to the left with a radius of 388.00 feet; thence 149.16 feet along the curve for a chord of N70o44'31'E 148.25 feet to the point of tangency; thence N59°4342'E 25.61 feet; thence N57°05'00"E 74.82 feet; thence N54°03'28'E 75.62 feet; thence leaving the new south line of Sain Street S41 °08'13'E 32.99 feet to the PGE Point of Beginning, enclosing 10,918 square feet, or 0.251 acres. Line Table Line # Distance Bearing L1 12.25' N08°18'32"W L2 25.61' N59°4342"E L3 32.99' S41'08'13"E I WI � I IC6 Q � SE Comer SE 1/4, NE 1/4 Section 26 I T-17-N, R-30-W 4.84 Acres ± Concrete I SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument 1 140.00' NE 1/4, SE 1/4, Sec. 26,T17N, R3ow — — 1.04 Acres ± S 87°23'08" E 1/2" Reber South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 149.16' 388.00' 148.25' N70°44'31 "E Southeast PGE # 1 Easement Exhibit 100 0 50 100 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax 01 EXHIBIT 'A' VAC-2022-0028 Southwest PGE #2 1 ` 1,685.83 SF 16' \ y3 56812g12 0.04 AC N82� 1�6— w S84°11'56"W 164.94' 1 L1 �S85°42'34"W 41 �N °041 "W 100.58' � Sj6 83.18' P.O.B. r ~ ~ I N °j ci co 1 O � � I � N O SOUTHEAST PGE #2 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE14 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°3728'E 140.00 feet; thence leaving the south line NO2°40'55" 199.11 feet; thence N41 °08'13"W 192.68 feet; thence S53°55'36"W 143.47 feet; thence S68°16'53"W 124.12 feet, thence S84°11'56"W 164.94 feet; thence S81 °45'20"W 20.00 feet to the PGE Point of Beginning; thence S85°4234"W 100.58 feet, thence S76°04'17"W 83.18 feet; thence N22°34'00"W 13.99 feet to the new south line of Sain Street; thence along the new south line of Sain Street N81 °45'20"E 186.56 feet; thence leaving the new south line of Sain Street S08°18'32'E 12.25 feet to the PGE Point of Beginning, enclosing 1, 686 square feet, or 0.039 acres. Line Table Line # Distance Bearing L 1 20.00' S81 °45'20"W L2 13.99' N22°34'00"W L3 12.25' S08°18'32"E SE Corner Z 1 SE 114, NE 114 1 Section 26 I T-17-N, R-30-W 4.84 Acres t Concrete I SE 114, NE 114, Sec. 26,T17N, R30W Monument 1 140.00' NE 114, SE 114, Sec. 26,T17N, R30W 1.04 Acres f S 87°23'W' E 1/2" Rebar South of Line 2.54' Southwest PGE #2 Easement Exhibit J 100 0 Iu0 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax 01 EXHIBIT 'A' VAC-2022-0028 g6 3y S- 9 '10 �2 00'E � 21 w S8�20,rW— — — C1 N79°2VO � — — 109.67' G� 160.19' `S81 °45 20"W P.O.B. Northwest PGE #3 2,453.48 SF 0.06 AC NORTHWEST PGE #3 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washing County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE14 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28'E 140.00 feet; thence leaving the south line NO2°40'55'E 199.11 feet; thence N41 °08'13"W 279.20 feet to the new north line of Sain Street, thence along the new north line of Sain Street for the following courses: S65°35'09"W 107.91 feet, thence S62°21'02"W 32.68 feet, thence S59°4342"W 25.52 feet; to the point of curvature of a curve to the right with a radius of 312.00 feet, thence 119.95 feet along the curve for a chord of S70o44'31 "W 119.21 feet to the point of tangency; thence S81 °45'20"W 109.67 feet to the PGE Point of Beginning, thence continuing S81 °45'20"W 160.19 feet to the existing south line of Sain Street; thence leaving the new north line of Bain Street, along the existing south line of Sain Street, along a non -tangent curve to the northeast, concave to the northwest, with a radius of 60.00 feet and arc length of 19.39 feet, for a chord of N37°51'50"E 19.30 feet; thence leaving the curve and the existing south line of Sain Street N79°29'00"E 145.21 feet, thence along a non -tangent curve to the south, concave to the east, with a radius of 167.00 feet and arc length of 19.19 feet, for a chord of S11 °47'26"E 19.17 feet to the PGE Point of Beginning, enclosing 2,450 square feet, or 0.056 acres. Line Table Line # Distance Bearing L1 32.68' S62°21'02"W L2 25.52' S59°4342"W L3 19.17' S11 °4726"E I WI � I o " N ZI SE Corner 1 SE 1/4, NE 1/4 I Section 26 T-17-N, R-30-W 4.84 Acres t Concrete I SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument 1 140.00' NE 1/1, SE 1/4, Sec. 26,T17N, R30W 1.04 Acres f S 87°23'08" E 1/2"Reber South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 119.95' 312.00' 119.21' S70°44'31 "W C2 19.39' 60.00' 19.30' N37°51'50"E Northwest PGE #3 Easement Exhibit 100 0 50 100 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax 01 EXHIBIT 'A' VAC-2022-0028 S F E 1� %9� E P.O. B. N79°29' 99.12 N S81 g 5'2 Northeast PGE 44 ` \ 10, 448.81 SF 0.24 AC NORTHEAST PGE #4 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE14 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28'E 140.00 feet; thence leaving the south line NO2°40'55'E 199.11 feet; thence N41 °08'13"W 279.20 feet to the PGE Point of Beginning at the new north line of Sain Street; thence along the new north line of Sain Street to the following courses: S65°35'09"W 107.91 feet; thence S62°21'02"W 32.68 feet; thence S59°4342"W 25.52 feet to the point of curvature of a curve to the right with a radius of 312.00 feet; thence 119.95 feet along the curve for a chord of S70°4431 "W 119.21 feet to the point of tangency; thence S81 °45'20"W 89.51 feet, thence leaving the new north line of Sain Street, along a non -tangent curve to the north, concave to the east, with a radius of 147.00 feet and arc length of 19.99 feet, for a chord of N12o07'16"W 19.98 feet; thence leaving the curve N79°29'00'E 99.12 feet; thence N69°15'34"E 50.00 feet, thence N61 °45'22"E 140.00 feet; thence N66°29'12"E 70.98 feet; thence S41 °08'13'E 33.35 feet to the PGE Point of Beginning, enclosing 10,448 square feet, or 0.240 acres. Line Table Line # Distance Bearing L1 32.68' S62°21'02"W L2 25.52' S59°4342"W L3 50.00' N69°15'34"E I WI �I- ln l � O � N ZI SE Corner 1 SE 1/4, NE 1/4 I Section 26 T-17-N, R-30-W 4.84 Acres t Concrete I SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument 1 140.00' NE 1/1, SE 1/4, Sec. 26,T17N, R30W 1.04 Acres f S 87°23'08" E 1/2" Rebar South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 119.95' 312.00' 119.21' S70°44'31 "W C2 19.99, 147.00' 19.98' N12°07'16"W Northeast PGE #4 Easement Exhibit 100 0 50 100 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax BLEW & ASSOCIATES, PA VAC-22022-0028 CIVIL ENGINEERS & LAND SURVEYORS UTILITY EASEMENT VACATION A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID FORTYACRE TRACT, AND RUNNING THENCE S87°23'08"E 140.00, THENCE N02036'52"E 200.26, THENCE N41 °10'35"W 428.12, THENCE S4804434"W 71.20, THENCE WITH A CURVE TO THE RIGHT, HAVING A RADIUS OF 1175.51, AND A CHORD BEARING AND DISTANCE OF S5805644"W 414.71, THENCE S81 °45'20"W 21.69, THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 60.00, AND A CHORD BEARING AND DISTANCE OF N37007'18"E 18.98, THENCE S88°36'00"W 35.05, THENCE S81 °54'26"W 13.76' TO THE POINT OF BEGINNING, THENCE S81 °54'26"W 35.21, THENCE S58024'33"W 25.54, THENCE S80054'33"W 59.38, THENCE N87050'27"W 119.22, THENCE N00040'12"E 3.72, THENCE WITH A CURVE TO THE LEFT, HAVING A RADIUS OF 1115.51, AND A CHORD BEARING AND DISTANCE OF N79001'52"E 175.76, THENCE N81 °54'26"E 59.21, THENCE S08°0534"E 22.50' TO THE POINT OF BEGINNING. CONTAINING 0.11 ACRES MORE OR LESS. 3825 N. SHILOH DR • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 EXHIBIT 'B' VAC-2022-0028 Southeast PGE#1 A Permanent Grading Easement (PGE) across part of the southwest quarter of the northwest quarter (SW/4 NW/4) of Section 25, and part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, all in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southwest corner of the said SW/4 NW/4 of Section 25; thence, along the south line of the SW/4 NW/4, S87°37'28"E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet; thence N41°08'13"W 192.68 feet to the PGE Point of Beginning; thence S53°55'36"W 143.47 feet; thence S68°16'53"W 124.12 feet; thence S84°11'56"W 164.94 feet; thence N08°18'32"W 12.25 feet to the new south line of Sain Street; thence along the new south line of Sain Street for the following courses: N81°45'20"E 90.27 feet to the point of curvature of a curve to the left with a radius of 388.00 feet; thence 149.16 feet along the curve for a chord of N70°44'31"E 148.25 feet to the point of tangency; thence N59°43'42"E 25.61 feet; thence N57°05'00"E 74.82 feet; thence N54°03'28"E 75.62 feet; thence leaving the new south line of Sain Street S41°08'13"E 32.99 feet to the PGE Point of Beginning, enclosing 10,918 square feet, or 0.251 acres. Southwest PGE #2 A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28"E 140.00 feet; thence leaving the south line NO2°40'55" 199.11 feet; thence N41°08'13"W 192.68 feet; thence S53°55'36"W 143.47 feet; thence S68°16'53"W 124.12 feet; thence S84°11'56"W 164.94 feet; thence S81°45'20"W 20.00 feet to the PGE Point of Beginning; thence S85°42'34"W 100.58 feet; thence S76°04'17"W 83.18 feet; thence N22°34'00"W 13.99 feet to the new south line of Sain Street; thence along the new south line of Sain Street N81°45'20"E 186.56 feet; thence leaving the new south line of Sain Street S08°18'32"E 12.25 feet to the PGE Point of Beginning, enclosing 1,686 square feet, or 0.039 acres. Northwest PGE #3 A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washing County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28"E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet; thence N41°08'13"W 279.20 feet to the new north line of Sain Street; thence along the new north line of Sain Street for the following courses: S65°35'09"W 107.91 feet; thence S62°21'02"W 32.68 feet; thence S59°43'42"W 25.52 feet; to the point of curvature of a curve to the right with a radius of 312.00 feet; thence 119.95 feet along the curve for a chord of S70°44'31"W 119.21 feet to the point of tangency; thence S81°45'20"W 109.67 feet to the PGE Point of Beginning; thence continuing S81°45'20"W 160.19 feet to the existing south line of Sain Street; thence leaving the new north line of Sain Street, along the existing south line of Sain Street, along a non -tangent curve to the northeast, EXHIBIT'B' VAC-2022-0028 concave to the northwest, with a radius of 60.00 feet and arc length of 19.39 feet, for a chord of N37°51'50"E 19.30 feet; thence leaving the curve and the existing south line of Sain Street N79°29'00"E 145.21 feet; thence along a non -tangent curve to the south, concave to the east, with a radius of 167.00 feet and arc length of 19.19 feet, for a chord of S11°47'26"E 19.17 feet to the PGE Point of Beginning, enclosing 2,450 square feet, or 0.056 acres. Northeast PGE#4 A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE/4 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28"E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet; thence N41°08'13"W 279.20 feet to the PGE Point of Beginning at the new north line of Sain Street; thence along the new north line of Sain Street to the following courses: S65°35'09"W 107.91 feet; thence S62°21'02"W 32.68 feet; thence S59°43'42"W 25.52 feet to the point of curvature of a curve to the right with a radius of 312.00 feet; thence 119.95 feet along the curve for a chord of S70°44'31"W 119.21 feet to the point of tangency; thence S81°45'20"W 89.51 feet; thence leaving the new north line of Sain Street, along a non -tangent curve to the north, concave to the east, with a radius of 147.00 feet and arc length of 19.99 feet, for a chord of N12°07'16"W 19.98 feet; thence leaving the curve N79°29'00"E 99.12 feet; thence N69°15'34"E 50.00 feet; thence N61°45'22"E 140.00 feet; thence N66°29'12"E 70.98 feet; thence S41°08'13"E 33.35 feet to the PGE Point of Beginning, enclosing 10,448 square feet, or 0.240 acres. CITY OF ._ FAYETTEVILLE ARKANSAS TO: Fayetteville City Council THRU: Chris Brown, Public Works Director Jessie Masters, Development Review Manager FROM: Josh Boccaccio, Engineering Development Review Manager DATE: February 2, 2023 SUBJECT: Engineering Comments for VAC-2022-0028 STAFF MEMO Discussion: Grading Easement Vacation: The City acquired the subject permanent grading easement along the right of way of the Sain St extension where the Trails at the Creek development is located at a cost of $127,500.00 on December 19, 2019. This acquisition was part of the federally funded Sain Street Extension project that was recently completed by the City. The permanent grading easement was intended to allow the tieback slopes for the roadway extension to be maintained, as required by the Arkansas Department of Transportation as the administrator of the federal aid funds. Typically, these slopes would have to be encumbered entirely by right-of-way, but the City of Fayetteville and ArDOT came to an agreement to allow the easement. The proposed Trails at the Creek development has buildings placed near the street, in accordance with the approved PZD and as a result will be filling in the grading easements; eliminating the need for the easements. Therefore, Engineering Staff is supportive of this grading easement vacation request, provided that the City is reimbursed for amounts paid for the grading easements. Recommended Conditions of Approval: 1. The City of Fayetteville be reimbursed $127,500.00 for the original cost paid for the grading easements requested to be vacated. 2. The reimbursement must be paid prior to the grading easements being vacated. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS November 29, 2022 City of Fayetteville City Council 125 W. Mountain Street Fayetteville, AR 72701 SUBJECT: Easement Vacation Dear Council Members: We are requesting vacating the Utility Easement just north of the right-of-way of Sain Street. This utility easement followed the previous alignment of Sain Street which was vacated and is no longer needed as the utility will be relocated. Please see the attached exhibit. Sincerely, Jorge Du Quesne Blew & Associates, PA 5102 SOUTH PINNACLE HILLS PKWY • ROGERS / ARKANSAS • 72758 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS December 16, 2022 125 W. Mountain Street Fayetteville, AR 72701 Planning Commission and City Council SUBJECT: Permanent Grading Easement Vacation for Trails on the Creek Dear Council Members: We are requesting to vacate the Permanent Grading Easement north and south of the new right-of-way of Sain Street. This permanent grading easement was required by Arkansas Department of Transportation (ArDOT) to the bottom of the 3 to 1 slope adjacent to the new road construction. With the construction of the Trails on the Creek, we will be filling the land adjacent to Sain Street thereby removing the 3 to 1 slope which in turn removes the ArDOT requirement for the easement. Sincerely, Jorge Du Quesne Blew & Associates, PA 5102 SOUTH PINNACLE HILLS PKWY • ROGERS / ARKANSAS • 72758 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 8 3 PETITION PETITION TO VACATE A GENERAL UTILITYIWATER & SEWER EASEMENT LOCATED IN PART OF LOT 11, VANTAGE SQUARE, UNIT II, 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 easement hereinafter sought to be abandoned and vacated, lying in Lot 11, Vantage Square, Unit Il„ City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: UTILITY EASEMENT VACATION A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTHH, RANGE 30 WEST WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID FOR TYACRE TRACT, AND RUNNING THENCE S87"23'08"E 140.00', THENCE N0203652"E 200.26, THENCE N41 °10'35"W 428.12. THENCE S4804434"W 71.20,THENCE WITHA CURVE TO THE RIGHT, HA PING A RADIUS OF 1175.51 AND A CHORD BEARING AND DISTANCE OF S5805644"W 414. 71', THENCE S8104520 "W 21.69 , THENCE" WITH A CURVE TO THE LEFT, HAYING A RADIUS OF 60.00 ; AND A CHORD BEARING AND DISTANCE OF N37007'I8 "E I8. 98 , THENCE S88036'00 "W 35.05', THENCE S81 °54'26"W 13. 76' TO THE POINT OF BEGINNING, THENCE S81 °54'26"W 3521 ',THENCE S5802433 "W 25. 54 , THENCE S80054 `33 "W 59. 38, THENCE N8705027"W 119.22, THENCE N00°40'12 "E 3. 72 ; THENCE WITH A CURVE TO THE LEFT, HA VING A RADIUS OF 1115.51, AND A CHORD BEARING AND DISTANCE OF N79.01 '52 "E 175. 76 , THENCE N81 "54'26"E 59.21, THENCE S08 °0534 "E 22.5070 THE POINT OF BEGINNING, CONTAINING 0.11 ACRES MORE OR LESS. That the abutting real estate affected by said abandonment of the alley are Lot 11, Vantage Square, Unit 11„ City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now 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 utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this _ ___ day of 20 I9DllllNIM12`t PETITION TO VACATE A PERMANENT GRADING EASEMENT LOCATED IN PART OF LOT 11, VANTAGE SQUARE, UNIT II„ 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 easement hereinafter sought to be abandoned and vacated, lying in Lot 11, Vantage Square, Unit II„ City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A PERMANENT GRADING EASEMENT (PGE) ACROSS PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (SW14 NW14) OF SECTION 25, AND PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE14 NE14) OF SECTION 26, ALL IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF A TRACT DESCRIBED IN WASHINGTON COUNTY DEED BOOK 799, PAGE 170, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SW/4 NW14 OF SECTION 25; THENCE, ALONG THE SOUTHLINE OF THE SW/4 NW14, S87°3728 "E 140.00 FEET, THENCE LEAVING THE SOUTH LINE N02040'55 "E 199.11 FEET, THENCE N41 °08'13 "W 192.68 FEET TO THE PGE POINT OF BEGINNING; THENCE S5305536"W 143.47 FEET; THENCE S68°16'53 "W 124.12 FEET; THENCE S840I1 '56"W 164.94 FEET; THENCE N08018'32 "W 12.25 FEET TO THE NEW SOUTHLINE OF SAIN STREET; THENCE ALONG THE NEW SOUTH LINE OF SAIN STREET FOR THE FOLLOWING COURSES: N81 °45 '20 "E 90.27 FEET TO THE POINT OF CURVATURE OFA CURVE TO THE LEFT WITHA RADIUS OF 388.00 FEET, THENCE 149.16 FEET ALONG THE CURVE FOR A CHORD OF N70°44'31 "E 148.25 FEET TO THE POINT OF TANGENCY; THENCE N59°43 '42 "E 25.61 FEET- THENCE N57005 '00 "E 74.82 FEET,- THENCE N54°03'28 "E 75.62 FEET, THENCE LEAVING THE NEW SOUTH LINE OF SAIN STREET S41 °08'13 "E 32.99 FEET TO THE PGE POINT OF BEGINNING, ENCLOSING 10,918 SQUARE FEET, OR 0.251 ACRES. AND A PERMANENT GRADING EASEMENT (PGE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE14 NE14) OF SECTION 26, IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE CITY OF FAYETTEVILLE, IN WASHINGTON COUNTY, ARKANSAS, BEING ALSO APART OF A TRACT DESCRIBED IN WASHINGTON COUNTYDEED BOOK 799, PAGE 170, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SE14 NE14 OF SECTION 26; THENCE, ALONG THE SOUTH LINE OF THE ADJACENT SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, S87.3728 "E 140. 00 FEET, THENCE LEAVING THE SOUTH LINE N02040'55" 199.11 FEET; THENCE N41 °08'13 "W 192.68 FEET,- THENCE S53055'36"W 143.47 FEET, THENCE S68016'53 "W 124.12 FEET; THENCE S840I1 '56"W 164.94 FEET,- THENCE S81 °45'20"W 20.00 FEET TO THE PGE POINT OF BEGINNING, THENCE S8504234 "W 100.58 FEET,- THENCE S76004'17"W 83.18 FEET,- THENCE N22034'00 "W 13.99 FEET TO THE NEW SOUTH LINE OF SAIN STREET THENCE ALONG THE NEW SO UTH LINE OF SAIN STREET N81 °45 '20 "E 186.56 FEET; THENCE LEA PING THE NEW SO UTH LINE OF SAIN STREET S08018'32' E 12.25 FEET TO THE PGE POINT OF BEGINNING, ENCLOSING 1, 686 SQUARE FEET, OR 0.039 ACRES. AND A PERMANENT GRADING EASEMENT (PGE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (SE14 NE14) OF SECTION 26, IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE CITY OF FA YETTE VILLE, IN WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF A TRACT DESCRIBED IN WASHING COUNTY DEED BOOK 799, PAGE 170, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SE14 NE14 OF SECTION 26, THENCE, ALONG THE SOUTH LINE OF THE ADJACENT SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, S87°3728 "E 140.00 FEET; THENCE LEAVING THE SOUTH LINE N02040'55 "E 199.11 FEET,' THENCE N41 °08'13 "W 279.20 FEET TO THE NEW NORTHLINE OF SAIN STREET, THENCE ALONG THE NEW NORTH LINE OF SAIN STREET FOR THE FOLLOWING COURSES: S65035'09 "W 107.91 FEET; THENCE S62 02 1 '02 "W 32.68 FEET; THENCE S59043 42 "W 25.52 FEET; TO THE POINT OF CURVATURE OF CURVE TO THE RIGHT WITH RADIUS OF 312.00 FEET; THENCE 119.95 FEET ALONG THE CURVE FOR A CHORD OF S70044'31 "W 119.21 FEET TO THE POINT OF TANGENCY; THENCE S81 °45 '20 "W 109.67 FEET TO THE PGE POINT OF BEGINNING; THENCE CONTINUING S81 °45'20 "W 160.19 FEET TO THE EXISTING SOUTHLINE OF SAIN STREET; THENCE LEAVING THE NEW NORTH LINE OF SAIN STREET ALONG THE EXISTING SO UTH LINE OF SAIN STREET, ALONG A NON - TANGENT CURVE TO THE NORTHEAST, CONCAVE TO THE NORTHWEST, WITH RADIUS OF 60.00 FEET AND ARC LENGTH OF 19.39 FEET, FOR A CHORD OF N37051 '50 "E 19.30 FEET; THENCE LEAVING THE CURVE AND THE EXISTING SOUTH LINE OF SAIN STREET N79029'00 "E 145.21 FEET- THENCE ALONG A NON -TANGENT CURVE TO THE SOUTH, CONCAVE TO THE EAST, WITH RADIUS OF 167.00 FEET AND ARC LENGTH OF 19.19 FEET, FOR A CHORD OF S1104726' E 19.17 FEET TO THE PGE POINT OF BEGINNING, ENCLOSING 2,450 SQUARE FEET, OR 0.056 ACRES. AND A PERMANENT GRADING EASEMENT (PGE) ACROSS PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST Q UAR TER (SE14 NE14) OF SECTION 26, IN TOWNSHIP 17 NORTH, RANGE 30 WEST, IN THE CITY OF FA YETTE VILLE, IN WASHINGTON COUNTY, ARKANSAS, BEING ALSO A PART OF A TRACT DESCRIBED IN WASHINGTON COUNTYDEED BOOK 799, PAGE 170, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SE14 NE14 OF SECTION 26, THENCE, ALONG THE SOUTH LINE OF THE ADJACENT SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, S87.3728 "E 140. 00 FEET; THENCE LEAVING THE SOUTH LINE N02040'55 "E 199.11 FEET; THENCE N41 °08'13 "W 279.20 FEET TO THE PGE POINT OF BEGINNING AT THE NEW NORTH LINE OF SAIN STREET; THENCE ALONG THE NEW NORTH LINE OF SAIN STREET TO THE FOLLOWING COURSES: S65035'09 "W 107.91 FEET; THENCE S62021 '02 "W 32.68 FEET; THENCE S59043 '42 "W 25.52 FEET TO THE POINT OF CURVATURE OFA CURVE TO THE RIGHT WITHA RADIUS OF 312.00 FEET; THENCE 119.95 FEET ALONG THE CURVE FOR A CHORD OF S70°44'31 "W 119.21 FEET TO THE POINT OF TANGENCY; THENCE S81 °45 '20 "W 89. 51 FEET; THENCE LEAVING THE NEW NORTH LINE OF SAIN STREET, ALONG A NON -TANGENT CURVE TO THE NORTH, CONCAVE TO THE EAST, WITH A RADIUS OF 147.00 FEET AND ARC LENGTH OF 19.99 FEET, FOR A CHORD OF N12°07'16"W 19.98 FEET; THENCE LEAVING THE CURVE N79029'00 "E 99.12 FEET; THENCE N69015'34 "E 50.00 FEET; THENCE N61 °45'22 "E 140.00 FEET; THENCE N66029'12' E 70.98 FEET; THENCE S41008'13 "E 33.35 FEET TO THE PGE POINT OF BEGINNING, ENCLOSING 10, 448 SQUARE FEET, OR 0.240 ACRES. That the abutting real estate affected by said abandonment of the alley are Lot 11, Vantage Square, Unit II„ City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now 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 utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular, land the owners be free from the easements of the public for the use of said alley. ®yam i �• Dated this � da of V 20 Citic l A� Printed lKAi 6AN S A ALA lfi A%7rLv&A,4 Printed Name Signature 9Z'OOZ 3„ Z3,9£oZ0 N w - I Lu b Gj I- O O O / z Saab y 88.0 I (J) MOC& `NLLl'SZ'oag b/L MN `b/L MS MOE2l `NL Ll `9Z '�aS i b/L 3N `b/L 3S P a 2 m a�i f / c oaoZ W W z g coC',cti / � M / + ~ +I w i 'O co v a o � � s o W <P m O�erQW W 1�51�4GS��♦ �W WzzzO10Lo �� ` �ZO�Q�U��zZ JCd / O WQO I� ¢ _ O M U a t� I-, Uj as W 2 ER:; I" Q" O ON�� ozuo_ -z / UOZNIW-��IWI-uj \ Ud �zO CD \ O ZZO iozWzio W U' i I- to O \ \ OZUo Wco U_Uo 04 ¢w:5 Q�:=pOv QQ�zUU¢( � Lo Zi Zo M ¢ O N N \ \ U z = 2 U Z M Z U p o O N- \ \ U C/)(xWZ: � c) I= - OW c3WW \ oWco�W-_-zU I=->. �zUWz�-N¢W ctsi v�� N OZQW=z_I uj =v)co °'uo�-vi 00 tp ( P -I LL P In z�zo~¢=1'W��-J s ' J ro o N Cl) UUMNOI-�W`" kZZZ. -: M 6I J a j W M W �00 0 0 uj PL'oW� t �%ZLu �zpw�°p�:°oz=N� m ^ \ 00 IW-2UUeJMOU�z O�� 'It W Lo o U caI o n a tr) Lo � I,- O P P Co P P P s N O O O J (6 c6 Lo v P P it MZ U U U _ z= M z Z Q� U U I- O' � zW2 z¢ cfl O Ov~jLIJ �UW¢� Wml'zUP J ¢W�C6ZWZUWOM¢WC� Q~MO�I-QWzI'Lo Iz M Q. wWz QOoI"(oQ �z zoo r U W U Q W¢ w W I I1-cN0 co W O m M Lo O o z O W O z wow �:3Lo ��wlo oz �r� J¢zcnz-OP¢�LLJ m( Z 1=W^WUz¢ooWM=Z)ZW U 1� -j cn m W cn c. 01 °3L�� P.O.B. Southeast PGE #1 bI z y3� 3�� s 10, 915.39 SF 0.25 AC N81°45'20"E 9027 S849156"W 164.94 ' SOUTHEAST PGE #1 VACATION A Permanent Grading Easement (PGE) across part of the southwest quarter of the northwest quarter (SW/4 NW/4) of Section 25, and part of the southeast quarter of the northeast quarter (SE/4 NE14) of Section 26, all in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southwest corner of the said SW/4 NW/4 of Section 25, thence, along the south line of the SW/4 NW/4, S87°3728'E 140.00 feet; thence leaving the south line NO2°40'55"E 199.11 feet, thence N41 °08'13"W 192.68 feet to the PGE Point of Beginning; thence S53°5536"W 143.47 feet; thence S68°16'53"W 124.12 feet; thence S84°11'56"W 164.94 feet; thence N08°18'32"W 12.25 feet to the new south line of Saint Street; thence along the new south line of Sain Street for the following courses: N81 °45'20'E 90.27 feet to the point of curvature of a curve to the left with a radius of 388.00 feet; thence 149.16 feet along the curve for a chord of N70o44'31'E 148.25 feet to the point of tangency; thence N59°4342'E 25.61 feet; thence N57°05'00"E 74.82 feet; thence N54°03'28'E 75.62 feet; thence leaving the new south line of Sain Street S41 °08'13'E 32.99 feet to the PGE Point of Beginning, enclosing 10,918 square feet, or 0.251 acres. Line Table Line # Distance Bearing L1 12.25' N08°18'32"W L2 25.61' N59°4342"E L3 32.99' S41'08'13"E S I WI � I IC6 Q � SE Comer SE 1/4, NE 1/4 Section 26 I T-17-N, R-30-W 4.84 Acres ± Concrete I SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument 1 140.00' NE 1/4, SE 1/4, Sec. 26,T17N, R3ow — — 1.04 Acres ± S 87°23'08" E 1/2" Reber South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 149.16' 388.00' 148.25' N70°44'31 "E Southeast PGE # 1 Easement Exhibit 100 0 50 100 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax 01 S53 \�° Southwest PGE #2 �` 1,685.83 SF 16' \ y3 56812g12 0.04 AC _ �' \ N82� 1�6— w S84°11'56"W 164.94' 1 L1 �S85°42'34"W 41 �N � °041 "W 100.58' Sj6 83.18' P.O.B. r ~ ~ I Nco°ci j 1 O � � I � N O SOUTHEAST PGE #2 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE14 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE/4 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°3728'E 140.00 feet; thence leaving the south line NO2°40'55" 199.11 feet; thence N41 °08'13"W 192.68 feet; thence S53°55'36"W 143.47 feet; thence S68°16'53"W 124.12 feet, thence S84°11'56"W 164.94 feet; thence S81 °45'20"W 20.00 feet to the PGE Point of Beginning; thence S85°4234"W 100.58 feet, thence S76°04'17"W 83.18 feet; thence N22°34'00"W 13.99 feet to the new south line of Sain Street; thence along the new south line of Sain Street N81 °45'20"E 186.56 feet; thence leaving the new south line of Sain Street S08°18'32'E 12.25 feet to the PGE Point of Beginning, enclosing 1, 686 square feet, or 0.039 acres. Line Table Line # Distance Bearing L 1 20.00' S81 °45'20"W L2 13.99' N22°34'00"W L3 12.25' S08°18'32"E SE Corner Z 1 SE 114, NE 114 1 Section 26 I T-17-N, R-30-W 4.84 Acres t Concrete I SE 114, NE 114, Sec. 26,T17N, R30W Monument 1 140.00' NE 114, SE 114, Sec. 26,T17N, R30W 1.04 Acres f S 87°23'W' E 1/2" Rebar South of Line 2.54' Southwest PGE #2 Easement Exhibit J 100 0 Iu0 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax 01 Sg6 3y- 9 '10 �2 00'E 21 w S8�20,rW— N79°2 — — 109.67' J 160.19' S81 °45 20"W P.O.B. Northwest PGE #3 2,453.48 SF 0.06 AC NORTHWEST PGE #3 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washing County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE14 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28'E 140.00 feet; thence leaving the south line NO2°40'55'E 199.11 feet; thence N41 °08'13"W 279.20 feet to the new north line of Sain Street, thence along the new north line of Sain Street for the following courses: S65°35'09"W 107.91 feet, thence S62°21'02"W 32.68 feet, thence S59°4342"W 25.52 feet; to the point of curvature of a curve to the right with a radius of 312.00 feet, thence 119.95 feet along the curve for a chord of S70o44'31 "W 119.21 feet to the point of tangency; thence S81 °45'20"W 109.67 feet to the PGE Point of Beginning, thence continuing S81 °45'20"W 160.19 feet to the existing south line of Sain Street; thence leaving the new north line of Bain Street, along the existing south line of Sain Street, along a non -tangent curve to the northeast, concave to the northwest, with a radius of 60.00 feet and arc length of 19.39 feet, for a chord of N37°51'50"E 19.30 feet; thence leaving the curve and the existing south line of Sain Street N79°29'00"E 145.21 feet, thence along a non -tangent curve to the south, concave to the east, with a radius of 167.00 feet and arc length of 19.19 feet, for a chord of S11 °47'26"E 19.17 feet to the PGE Point of Beginning, enclosing 2,450 square feet, or 0.056 acres. Line Table Line # Distance Bearing L1 32.68' S62°21'02"W L2 25.52' S59°4342"W L3 19.17' S11 °4726"E o0 I WI � I o " N ZI SE Corner 1 SE 1/4, NE 1/4 I Section 26 T-17-N, R-30-W 4.84 Acres t Concrete I SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument 1 140.00' NE 1/1, SE 1/4, Sec. 26,T17N, R30W 1.04 Acres f S 87°23'08" E 1/2"Reber South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 119.95' 312.00' 119.21' S70°44'31 "W C2 19.39' 60.00' 19.30' N37°51'50"E Northwest PGE #3 Easement Exhibit 100 0 50 100 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax 01 s 1 F E 1� S %9� P.O.B. N79°29' E 99.12 N S81 g 5'20 W Northeast PGE #4 10, 448.81 SF \ 0.24 AC NORTHEAST PGE #4 VACATION A Permanent Grading Easement (PGE) across part of the southeast quarter of the northeast quarter (SE/4 NE/4) of Section 26, in Township 17 North, Range 30 West, in the City of Fayetteville, in Washington County, Arkansas, being also a part of a tract described in Washington County deed book 799, page 170, and being more particularly described as follows: Commencing at the southeast corner of the said SE14 NE14 of Section 26; thence, along the south line of the adjacent southwest quarter of the northwest quarter of Section 25, S87°37'28'E 140.00 feet; thence leaving the south line NO2°40'55'E 199.11 feet; thence N41 °08'13"W 279.20 feet to the PGE Point of Beginning at the new north line of Sain Street; thence along the new north line of Sain Street to the following courses: S65°35'09"W 107.91 feet; thence S62°21'02"W 32.68 feet; thence S59°4342"W 25.52 feet to the point of curvature of a curve to the right with a radius of 312.00 feet; thence 119.95 feet along the curve for a chord of S70°4431 "W 119.21 feet to the point of tangency; thence S81 °45'20"W 89.51 feet, thence leaving the new north line of Sain Street, along a non -tangent curve to the north, concave to the east, with a radius of 147.00 feet and arc length of 19.99 feet, for a chord of N12o07'16"W 19.98 feet; thence leaving the curve N79°29'00'E 99.12 feet; thence N69°15'34"E 50.00 feet, thence N61 °45'22"E 140.00 feet; thence N66°29'12"E 70.98 feet; thence S41 °08'13'E 33.35 feet to the PGE Point of Beginning, enclosing 10,448 square feet, or 0.240 acres. Line Table Line # Distance Bearing L1 32.68' S62°21'02"W L2 25.52' S59°4342"W L3 50.00' N69°15'34"E I WI �I- ln l � O � N ZI SE Corner 1 SE 1/4, NE 1/4 I Section 26 T-17-N, R-30-W 4.84 Acres t Concrete I SE 1/4, NE 1/4, Sec. 26,T17N, R30W Monument 1 140.00' NE 1/1, SE 1/4, Sec. 26,T17N, R30W 1.04 Acres f S 87°23'08" E 1/2" Rebar South of Line 2.54' Curve Table Curve # Arc Length Radius Chord Length Chord Bearing C1 119.95' 312.00' 119.21' S70°44'31 "W C2 19.99, 147.00' 19.98' N12°07'16"W Northeast PGE #4 Easement Exhibit 100 0 50 100 Surveying O Engineering A Mapping Project Number: (in feet) 1 inch = 100 ft. 20-4434 Trails on the Creek Certificate of Authorization No 1534 Date: 02/02/2023 5104 S. Pinnacle Hills Pkwy ♦ Rogers, Arkansas 72758 ♦ 479.443.4506 Office ♦ 479.582.1883 Fax RECEIVED AFFIDAVIT OF PUBLICATION I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville — Clerks Office Ord 6645 Was inserted in the Regular Edition on: February 26, 2023 Publication Charges: $144.40 Paola Lop Subscribed and sw to before me Th/iis/^O y aday ofx, 2023. N/� D Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. 5 "Washl St°r G17n66 - commisalon laov 28. 1031 MY Commbslon EvDlrn MAR 0 3 20'-3 ejTY�C1.ERMETTE8 oFFICE I at Ordinae: 6645 File Number: 201 VAC 22-028 (EMT SAIN STREEUTRAILS AT THE CREEK): AN ORDINANCE TO APPROVE VAC 22-028 FOR PROPERTY LOCATED AT 1074 EAST SAIN STREET IN WARD 3 TO VACATE A PORTION OF UTILITY EASEMENT AND A PORTION OF A GRADING EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-1N to vacate public grounds or portions thereof which are net required for corporate purposes: and WHEREAS, the City Council has determined that the following described portions of utility easement and grading easement are act required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS sectionl: Thatthe City Councilofthe City ofFeyetteville, Arkansas hereby vacates the portion of utility easement and a portion ofgmding easement as described in Exhibit B attached to the Planning Department's memo. Seaion2: Acopyoflhis Ordinance duly candied by the City Clerk along with the map notched as Exhibit A to the Planning Departmrnrs memo shall be filed in the office ofthe Washington County Cirwtt Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation ofexisting facilities will be x the developers expense. 2. Any new utility easernewito serve LSD-2022-0UU6 must be coordinated when the Master Street Plan rightuf-way is established. 3. A 20-toot wide eaumrn[ must be wturi and nppmved by the Utilities Department for any existing sanitary sewer. 4. Approval and issuance of finding permit in association with LSD- 2022-00M. 5. Theemounlof S127,500.00 shall be paid to the City of Fayetteville as reim6ururcent for the original cost paid for the grading easements ping erred. PASSED and APPROVED on February 21, 2023 Approved: Loweld Jordan, Mayor Attesl: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkmhsas. Amount paid: SN 40 75657647 February 26, 2023