HomeMy WebLinkAboutOrdinance 6894 (2)113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6894
FLe Number: 2025-366
Type: REAL ESTATE
Kind: ORDINANCE
Recorded: 7/21/2025 10:58:46 AM
Fee Amt: $145.00 Page 1 of 27
Washington County, AR
Kyle Sylvester Circuit Clerk
File# 2025-00019894
AN ORDINANCE TO APPROVE VAC-25-13 FOR PROPERTY LOCATED AT 3661 WEST WEDINGTON
DRIVE IN WARD 4 TO VACATE 0.95 ACRES OF TREE PRESERVATION AREA CONTINGENT ON THE
DEDICATION OF A REPLACEMENT TREE PRESERVATION EASEMENT TOTALING
APPROXIMATELY 2.3 ACRES AND OTHER CONDITIONS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof
which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of tree preservation easement 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 portion of tree preservation as
described in Exhibit E attached to the Planning Department's agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the drawing attached as Exhibit C and
the map attached as Exhibit D to the Planning Department's agenda memo shall be filed in the office of the Washington
County Circuit Clerk.
Section 3: This vacation is subject to the following conditions:
1. The applicant shall dedicate a new 2.3-acre tree preservation easement approximately 1,200 ft south of the
existing tree preservation easement and directly abutting another existing 5.30-acre tree preservation easement
on the Ozarks Electric campus (Exhibit Fl) before the vacation shall be effective.
2. The applicant shall consult with an insured prescribed bum contractor to administer a prescribed bum for the
primary purpose of reducing the encroachment of invasive species and encouraging the growth of native
species on Parcel No. 765-13744-000 in 2026. This work must be implemented at the expense of the
applicanUowner and the initial consultation must occur before the vacation shall be effective. The
applicantlowner shall provide the City a copy of its contract containing the proposed scope of work, an
itemized quote, and a clause requiring that, if the approved contract is breached, the applicant shall deposit into
the city s Tree Escrow Account the amount set forth in that contract. Implementation of the prescribed burn
shall occur before the end of 2026, and an itemized receipt containing proof of payment shall be submitted to
Urban Forestry staff upon completion.
Page 1
File Number: 2025-00019894 Page 1 of 27
Ordinance. 6894
File Number 2025-366
PASSED and APPROVED on July 15, 2025
Approved:
� -�O�
Molly Rawn, Mayor
Attest:
a" IRS Yl:+
1 Ycl'!f . y.
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $ 194.56
Page 2
File Number: 2025-00019894 Page 2 of 27
Exhibit A - Applicant Request Letter
901 N 47th Street, Suite 400
�,� Rogers, 72756
Crafton Tull 4
479.636 838(vn)
® 479.631 6224 (in)
February 12, 2025
City of Fayetteville
Planning Commission & City Council
125 W. Mountain Street
Fayetteville, AR 72701
RE: Ozarks Electric Cooperative — Tree Preservation Vacation
CTA Job No. 25101100
To whom it may concern,
This submittal is for the vacation of a Tree Preservation within the Ozarks Electric Cooperative
development area. This site is located at 3661 W. Wedington Drive. We are requesting the
existing Tree Preservation Easement be vacated and another area on site be dedicated in its
place having the same or more square footage and significant trees, according to the attached
exhibit.
Should you have any questions, or require any additional information, please contact us at your
convenience.
Sincerely,
Sean Johnson
Survey Project Manager
File Number: 2025-00019894 Page 3 of 27
Exhibit B - Applicant Petition to Vacate
PETITION TO VACATE a Tree Preservation Easement located in parcel 765-13729-000 of Lot 2 of
Plat Record 2007-00029947, 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 parcel765-13729-000 of Lot 2 of Plat Record 2007-
00029947, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement
which is described as follows.
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2OFTHE SE 1/4OFSECTION 12,TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OFTHE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET;
THENCE S87049'12"E 30.00 FEET TO THE POINT OF BEGINNING;
THENCE 387049'12"E 71.27 FEET,
THENCE S02010'38"W 98.65 FEET;
THENCE N87°49'27"W 71.28 FEET;
THENCE NO2°10'43"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 7031 SQUARE FEET,
MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2 OF THE SE 1/4OFSECTION 12,TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OFTHE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET,
THENCE S87049'12"E 101.27 FEET;
THENCE S87049'06"E 12.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 213.70 FEET;
THENCE S02010'48"W 98.63 FEET,
THENCE N87°49'27"W 213.70 FEET;
THENCE NO2°10'38"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 21079 SQUARE
FEET, MORE OR LESS AND SUBJECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
File Number: 2025-00019894 Page 4 of 27
PETITION TO VACATE a Tree Preservation Easement located in parcel765-13729-000 of Lot 2 of
Plat Record 2007-00029947, 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 parcel 765-13729-000 of Lot 2 of Plat Record 2007-
00029947, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement
which is described as follows.
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1 /4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
112 OF THE SE 114 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE W 114 OF THE SW 1 /4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET,
THENCE S87049'12"E 30.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 71.27 FEET;
THENCE S02010'38"W 98.65 FEET,
THENCE N87049'27"W 71.28 FEET;
THENCE N02010'43"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 7031 SQUARE FEET,
MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1 /2 OF
THE SW 1 /4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1 /2 OF THE SE 114 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF THE W 114 OF THE SW 114 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET;
THENCE S87049'12"E 101.27 FEET;
THENCE S87049'06"E 12.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 213.70 FEET;
THENCE S02010'48"W 98.63 FEET;
THENCE N87049'27"W 213.70 FEET;
THENCE N02010'38"E 98.65 FEETTO THE POINT OF BEGINNING, CONTAINING 21079 SQUARE
FEET, MORE OR LESS AND SUBJECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1 /2 OF
THE SW 114 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
File Number: 2025-00019894 Page 5 of 27
1/2 OFTHESE 1/4 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF THE W 1/4OFTHE SW 1/4OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET;
THENCE S87049'12"E 101.27 FEET;
THENCE S87049'06"E 12.00 FEET;
THENCE S87'49'12"E 213.70 FEET;
THENCE S87048'56"E 12.00 FEET TO THE POINT OF BEGINNING;
THENCE S87°49'12"E 98.51 FEET;
THENCE 77.17 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 49.00 FEET AND A LONG
CHORD OF S42042'09"E 69.44 FEET;
THENCE S02024'53"W 49.42 FEET;
THENCE N87049'27"W 147.31 FEET;
THENCE N02010'48"E 98.63 FEET TO THE POINT OF BEGINNING, CONTAINING 14028 SQUARE
FEET, MORE OR LESS AND SUBIECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
The abutting real estate affected by said abandonment of the easement is parcel765-13729-000,
City of Fayetteville, used bythe public for a period of many years, and the public interest and
welfare would not be adversely affected by the abandonment of the portion of the described
easement.
The petitioners request that the City of Fayetteville, Arkansas, abandon and vacate the described
real estate, subject, however, to the existing utility easements and sewer easements as required,
and that the described real estate be used for their respective benefit and purpose as now
approved bylaw.
The petitioners further request that the described real estate be vested in the abutting property
owners as provided by law.
WHEREFORE, the undersigned petitioners respectfully request that the governing body of the City
of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said
utility and sewer easements, and that title to said real estate sought to be abandoned be vested in
the abutting property owners as provided by law, and as to that particular land the owners be free
from the easement of the public for the use of said easement.
File Number: 2025-00019894 Page 6 of 27
Dated this 14th day of February , 2o2.
Westley T. Graham
Printed Name
Signature
File Number: 2025-00019894 Page 7 of 27
Exhibit C - Proposed Easement Vacation
W
I
' 1Rff PNESERVAllow
' EAS INT
I PR 0023-0000033E
TO BE VACATED
LOT 2
PUT RECORD 2007-00029947
OZARK ELECTRIC COOPERAINE CORP
DEED RECORD 653-81
�W&
GRAPHIC SCALE IN FEET
300' 0 300'
NOTE
THES EASDENT DMIT IS A GRAPHICAL REPRESQITAININ OF
1HE EASEMENT DESCRIPIIOK AND DOES NOT 001611MM A
BOUNDARY SURVEY.
File Number: 2025-00019894 Page 8 of 27
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GIs Approved Exhibit E - Easement Vacation Description
02/19/2025
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING APART OF THEW 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING APART OF THEE
1/2OFTHESE 1/4OFSECTION 12,TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OFTHE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET;
THENCE S87049'12"E 30.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 71.27 FEET;
THENCE S02010'38"W 98.65 FEET;
THENCE N87049'27"W 71.28 FEET;
THENCE NO2°10'43"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 7031 SQUARE FEET,
MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2 OF THE SE 1/4OFSECTION 12,TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OFTHE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET,
THENCE S87049'12"E 101.27 FEET;
THENCE S87049'06"E 12.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 213.70 FEET,
THENCE S02010'48"W 98.63 FEET;
THENCE N87049'27"W 213.70 FEET;
THENCE NO2°10'38"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 21079 SQUARE
FEET, MORE OR LESS AND SUBJECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OFTHE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET;
THENCE S87049'12"E 101.27 FEET,
THENCE S87049'06"E 12.00 FEET;
THENCE S87049'12"E 213.70 FEET;
THENCE S87048'56"E 12.00 FEET TO THE POINT OF BEGINNING;
File Number: 2025-00019894 Page 10 of 27
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING APART OF THEW 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE W 1/4OFTHE SW 1/4OFSAID SECTION 7;
THENCE S02024'56"W 861.62 FEET,
THENCE S87049'12"E 30.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 71.27 FEET;
THENCE S02010'38"W 98.65 FEET;
THENCE N87049'27"W 71.28 FEET,
THENCE N02010'43"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 7031 SQUARE FEET,
MORE OR LESS AND SUBIECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET,
THENCE S87049'12"E 101.27 FEET;
THENCE S87049'06"E 12.00 FEET TO THE POINT OF BEGINNING;
THENCE S87049'12"E 213.70 FEET;
THENCE S02010'48"W 98.63 FEET;
THENCE N87049'27"W 213.70 FEET,
THENCE N02010'38"E 98.65 FEET TO THE POINT OF BEGINNING, CONTAINING 21079 SQUARE
FEET, MORE OR LESS AND SUBIECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
ALSO
PART OF LOT 2, AS PER PLAT RECORD 2007-00029947 IN THE OFFICE OF THE CIRCUIT CLERK AND
EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING A PART OF THE W 1/2 OF
THE SW 1/4 OF SECTION 7, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING A PART OF THE E
1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON
COUNTY ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE W 1/4 OF THE SW 1/4 OF SAID SECTION 7;
THENCE S02024'56"W 861.62 FEET,
THENCE S87049'12"E 101.27 FEET;
THENCE S87049'06"E 12.00 FEET;
THENCE S87049'12"E 213.70 FEET,
THENCE S87048'56"E 12.00 FEET TO THE POINT OF BEGINNING;
File Number: 2025-00019894 Page 11 of 27
This vacation is subject to the following conditions:
1. The applicant shall dedicate a new 2.3-acre tree preservation easement approximately
1,200 ft. south of the existing tree preservation easement and directly abutting another
existing 5.30-acre tree preservation easement on the Ozarks Electric campus (Exhibit Fl)
before the vacation shall be effective.
2. The applicant shall consult with an insured prescribed burn contractor to administer a
prescribed burn for the primary purpose of reducing the encroachment of invasive species
and encouraging the growth of native species on Parcel No. 765-13744-000 in 2026. This
work must be implemented at the expense of the applicant/owner and the initial
consultation must occur before the vacation shall be effective. The applicant/owner shall
provide the City a copy of its contract containing the proposed scope of work, an
itemized quote, and a clause requiring that, if the approved contract is breached, the
applicant shall deposit into the city's Tree Escrow Account the amount set forth in that
contract. Implementation of the prescribed burn shall occur before the end of 2026, and
an itemized receipt containing proof of payment shall be submitted to Urban Forestry
staff upon completion.
Washington County, AR
I certify this instrument was filed on
7/21/2025 10:58:46 AM
and recorded in REAL ESTATE
File# 2025-00019894
Kvle Svlvester - Circuit Clerk
File Number: 2025-00019894 Page 27 of 27
THENCE S87049'12"E 98.51 FEET;
THENCE 77.17 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 49.00 FEET AND ALONG
CHORD OF S42°42'09"E 69.44 FEET;
THENCE S02024'53"W 49.42 FEET;
THENCE N87049'27"W 147.31 FEET;
THENCE N02010'48"E 98.63 FEET TO THE POINT OF BEGINNING, CONTAINING 14028 SQUARE
FEET, MORE OR LESS AND SUBJECTTO ANY AND ALL EASEMENTS OF RECORD OR FACT.
File Number: 2025-00019894 Page 12 of 27
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 15, 2025
CITY COUNCIL MEMO
2025-366
TO: Mayor Rawn and City Council
THRU: Keith Macedo, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Planning Director
FROM: Willa Thomason, Urban Forester
SUBJECT: VAC-2025-0013: Vacation (3661 W WEDINGTON DR.): Submitted by CRAFTON TULL
& ASSOCIATES for property located at 3661 W WEDINGTON DR. The property is
zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 32.60 acres.
The request is to vacate a 0.95-acre tree preservation easement.
RECOMMENDATION:
Staff recommends conditional approval of VAC-2025-0013, the vacation of the tree preservation easement as
shown in the attached Exhibit'C', with the following conditions of approval:
-The applicant must dedicate a new 2.3-acre tree preservation easement approximately 1,200 ft. south of the
existing tree preservation easement and directly abutting another existing 5.30-acre tree preservation
easement on the Ozarks Electric campus (Exhibit F1).
-The applicant must plant 48 mitigation trees within the existing 5.30-acre easement situated 850 ft. south of
the easement to be vacated to mitigate for the removal of 0.69 acres of canopy from within the existing 0.95-
acre easement.
BACKGROUND:
The subject property is approximately 0.50 miles west of 1-49, north of Owl Creek, and just south of W.
Wedington Dr. The site is relatively flat, with elevations ranging from roughly 1,260 ft at the northern edge to
1,240 ft. at the southernmost point adjacent to W. Persimmon St. The property is zoned R-A, Residential -
Agricultural and is currently the location of Wesco Distribution Inc. and is a part of the Ozarks Electric campus.
Approximately 0.69-acres of the 0.95-acre tree preservation easement are in canopy -cover.
Request: The applicant proposes to vacate a 0.95-acre tree preservation easement on the property that was
dedicated in 2008. The easement is located within the Ozarks Electric Cooperative development area.
DISCUSSION:
City of Fayetteville staff recommends in favor of the requested easement vacation, with the conditions as
outlined above. The 0.95-acre easement the applicant is requesting to vacate is surrounded by an impervious
area and is comprised of four species: hardy pecan (Carya illinoiensis), white ash (Fraxinus americans), pin
oak (Quercus pallustris), and red maple (Acer rubrum). While the vacation of this easement would result in the
loss of -0.69 acres of mature tree canopy, the proposed 2.3-acre easement includes approximately 2.2 acres
of canopy, translating to a net canopy increase of 1.61 acres. The dedication of this new easement, along with
the requirement to install mitigation trees, would increase the contiguous canopy and ecosystem services on
this site. The installation of trees will also provide ecosystem services throughout the Owl Creek watershed,
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
helping to slow the rate of storm water runoff, settling and holding sediment and reducing downstream flooding.
Additionally, the proposed easement is adjacent to a 5.3-acre existing tree preservation easement, potentially
enhancing biodiversity and creating a more robust wildlife habitat corridor.
From a city planning perspective, the existing and proposed easements lie within the same census block
group, which has a high Tree Equity Score (TES) of 99—ranking 20th out of 68 block groups in Fayetteville
and exceeding the city's average TES of 87. The area also currently has a 49% tree canopy cover and is
considered a low -priority planting area, given its proximity to the city's 50% canopy goal.
Land use designations also support the proposed change. The existing easement lies within a "City
Neighborhood" future land use designation, where development typically features urban landscaping, such as
street trees. In contrast, the proposed easement is within both "Residential Neighborhood" and "Natural"
designations. These categories emphasize development that respects natural features or preserves wilderness
conditions. The proposed easement also falls within the City's Enduring Green Network, further aligning it with
long-term conservation objectives.
In terms of housing supply and development, the vacation does not appear to impact residential development,
as the parcel belongs to the Ozark Electric Cooperative campus and is associated with Wesco Distribution Inc.
No housing is currently planned, and the applicant may provide more details regarding future use.
In conclusion, while the proposal involves the removal of a mature, healthy, and ecologically valuable
easement, the staff -supported alternative offers greater overall benefits in terms of tree canopy protection,
ecological connectivity, and alignment with city plans. The recommendation balances environmental
stewardship with the city's strategic planning goals.
ACTOR IMPACT
DISCUSSION
MITIGATING CONDITIONS
'reservation of Existing Tree Canopy
let Easement Positive (+)
The applicant proposes to
Staff and the Urban Forestry
:hange
vacate a 0.95-acre tree
Advisory Board recommend
preservation easement. The
that the applicant dedicate a
parcel proposed as new tree
2.3-acre tree preservation
preservation easements totals 1
easement, for a net increase
acre, for a net increase of 0.31
of 1.3 acres in tree
acres in tree preservation
preservation easement
easement (Exhibit F).
(Exhibit F1).
let Canopy Positive (+)
The existing 0.95-acre easementln
addition to the protection of
:hange
contains roughly 0.69-acres of
an additional 1.6 acres of tree
canopy cover. The staff-
canopy, staff recommends
proposed 2.3-acre easement
that 48 mitigation trees are
contains 2.2 acres of canopy
planted within the existing
cover, for a net canopy increase
5.3-acre tree preservation
of 1.61 acres of protected tree
easement situated -850 ft.
canopy.
south of the easement to be
vacated.
reservation of Negative (-) 56% of the trees in the subject While a tree survey has not
ignificant easement are at or above the been conducted within the
rees 18" DBH threshold for proposed easement, there
"significant trees" as defined in appear to be numerous
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
reservation of Negative (-)
ealthy Trees
reservation of Negative (-)
eneficial
rees
UDC §155.
significant trees.
All the trees comprising the 0.69
Although 0.69-acres of
acres of canopy within the
healthy canopy would be
existing easement appear to be
removed with this easement
healthy.
vacation, a net increase of 1
acres of canopy would be
protected with the proposed
easement dedication.
Additionally, 48 mitigation
trees would be planted to
account for tree removal.
Most of the trees within the
existing easement to be vacated
are mature, healthy, and
undoubtably providing
ecosystem services including
carbon sequestration,
improvements to air quality, and
stormwater filtration.
nteraction with Urban Forestry Management Plan
n.
Although 0.69-acres of
healthy canopy would be
removed with this easement
vacation, a net increase of 1.6
acres of canopy would be
protected with the proposed
easement dedication.
Additionally, 48 mitigation
trees would be planted to
account for tree removal. The
proposed tree preservation
easement abuts another 5.3-
acre easement, providing
potential for increased
biodiversity and wildlife
habitat through continued
protection.
free Equity Positive (+) The existing tree preservation
The proposed easement is
Score easement is within a census
within the same census block
block group with a Tree Equity
as the easement to be
Score (TES) of 99 and 49% tree
vacated and has the same
canopy cover. This ranks 20th of
TES.
Fayetteville's 68 block groups
and is above Fayetteville's
composite Tree Equity Score of
87.
'riority Planting Positive (+) The existing easement is a low
Although 0.69-acres of
%reas priority planting area based on
canopy would be removed
its high Tree Equity Score and
with this easement vacation, al
49% tree canopy cover. This
net increase of 1.6 acres of
census block group has a tree
canopy would be protected
canopy cover goal of 50%.
with the proposed easement
dedication. Additionally, 48
mitigation trees would be
planted to account for tree
removal. I
nteraction with Other City Plans & Objectives
_and Use & Positive (+) The existing easement is N/A
nduring Green contained within a "City
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
etwork Neighborhood" future land use
designation and, per City Plan
2040, landscaping in this land
use designation is urban in form,
typically with street trees in
sidewalk zones. The existing
easement is not within the
Enduring Green Network.
The proposed tree preservation
is contained both within a
"Residential Neighborhood" and
a "Natural" future land use
designation. "Residential
Neighborhood" areas are meant
to encourage development
patterns that respond to features
of the natural environment, and
"Natural" areas are intended to
approximate wilderness
conditions with limited
development. The proposed
easement is situated within the
City's Enduring Green Network.
ousing Supply Neutral The purpose of the vacation N/A
request has not been
communicated to staff, but the
easement is within the
Fayetteville headquarters of
Wesco Distribution Inc. on a
parcel owned by the Ozark
Electric Cooperative campus,
and planned development will
not be residential. The applicant
can speak to development plans.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A - Applicant Request Letter, 5. Exhibit B - Applicant
Petition to Vacate, 6. Exhibit C - Proposed Easement Vacation, 7. Exhibit D - Easement Vacation Site Map, 8.
Exhibit E - Easement Vacation Description, 9. Exhibit F - Applicant Proposed Easement Dedication, 10. Exhibit
F1 - Staff Proposed Easement Dedication, 11. Updated - VAC-2025-0013 CC Memorandum, 12. Additional
Information - Updated Memorandum - 7/11/2025, 13. Additional Information - Staff Proposed Amendment to
Ordinance - 7/11/2025, 14. Additional Information - Staff Recommended Conditions - 7/11/2025
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 #: 2025-366
AN ORDINANCE TO APPROVE VAC-25-13 FOR PROPERTY LOCATED AT 3661 WEST
WEDINGTON DRIVE IN WARD 4 TO VACATE 0.95 ACRES OF TREE PRESERVATION
AREA CONTINGENT ON THE DEDICATION OF A REPLACEMENT TREE
PRESERVATION EASEMENT TOTALING APPROXIMATELY 2.3 ACRES AND OTHER
CONDITIONS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of tree preservation
easement 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 portion of tree
preservation as described in Exhibit E attached to the Planning Department's agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the drawing attached as
Exhibit C and the map attached as Exhibit D to the Planning Department's agenda memo shall be filed
in the office of the Washington County Circuit Clerk.
Section 3: This vacation is subject to the following conditions:
1. The applicant shall dedicate a new 2.3-acre tree preservation easement approximately 1,200 ft.
south of the existing tree preservation easement and directly abutting another existing 5.30-acre
tree preservation easement on the Ozarks Electric campus (Exhibit F l) before the vacation shall
be effective.
2. The applicant shall consult with an insured prescribed burn contractor to administer a prescribed
burn for the primary purpose of reducing the encroachment of invasive species and encouraging
the growth of native species on Parcel No. 765-13744-000 in 2026. This work must be
implemented at the expense of the applicant/owner and the initial consultation must occur before
the vacation shall be effective. The applicant/owner shall provide the City a copy of its contract
containing the proposed scope of work, an itemized quote, and a clause requiring that, if the
approved contract is breached, the applicant shall deposit into the city's Tree Escrow Account the
amount set forth in that contract. Implementation of the prescribed burn shall occur before the
Page 1
Ordinance: 6894
File Number: 2025-366
end of 2026, and an itemized receipt containing proof of payment shall be submitted to Urban
Forestry staff upon completion.
Page 2
Willa Thomason
Submitted By
City of Fayetteville Staff Review Form
2025-366
Item ID
5/6/2025
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/18/2025 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
VAC-2025-0013: Vacation (3661 W WEDINGTON DR.): Submitted by CRAFTON TULL & ASSOCIATES for property
located at 3661 W WEDINGTON DR. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains
approximately 32.60 acres. The request is to vacate a 0.95-acre tree preservation easement.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Item Cost
Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
Received from Urban Forester Willa Thomason 06/26/2025 at 1:25 PM
CITY OF
FAYETTEVILLE
ARKANSAS
Meeting of July 1, 2025
TO: Mayor; Fayetteville City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
FROM: Willa Thomason, Urban Forester
DATE: June 26, 2025
CITY COUNCIL MEMO
SUBJECT: VAC-2025-0013: Vacation (3661 W WEDINGTON DR.): Submitted by CRAFTON
TULL & ASSOCIATES for property located at 3661 W WEDINGTON DR. The property is zoned
R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 32.60 acres. The request is
to vacate a 0.95-acre tree preservation easement.
Request: The applicant proposes to vacate a 0.95-acre tree preservation easement on the
property that was dedicated in 2008. The easement is located within the Ozarks Electric
Cooperative development area.
BACKGROUND:
At the June 4th, 2025, Urban Forestry Advisory Board (UFAB) meeting, board members
considered the request to vacate the tree preservation easement at 3661 W Wedington Dr. As a
part of this, they heard from the applicant's representative who offered an alternative proposal to
that developed by staff. The proposal includes vacation of 0.95 acres of tree preservation
easement at the south of parcel 765-13729-000, and re -dedication of -2.0 acres towards the
southern end of parcel 765-13744-000 on the same site. This differs from the proposal first
considered by City Council at their May 6th, 2025 meeting, including -0.3 acres less proposed
tree preservation easement dedication, and no additional tree planting where 48 mitigation trees
were previously proposed.
RECOMMENDATION:
Ultimately, UFAB recommended approval of the applicant -proposed conditions of the easement
vacation by a vote of 6-0-0. In evaluating the applicant's proposal, staff recommends conditional
approval of VAC-2025-0013, the vacation of the tree preservation easement as shown in the
attached Exhibit'C' with the following conditions of approval:
The applicant must dedicate a new -2.0-acre tree preservation easement approximately 1,200
ft. south of the existing tree preservation easement and directly abutting another existing 5.30-
acre tree preservation easement on the Ozarks Electric campus (Exhibit F1). Additionally, the
applicant must consult with a local organization specializing in environmental restoration, as
approved by urban forestry staff, to identify and remove invasive species from within the 5.3-
acre easement and the newly dedicated -r2.0-acre easement on Parcel No. 765-13744-000.
This work must be implemented at the expense of the applicant/owner prior to the issuance of
any permits associated with new development on Parcel Nos. 765-13729-000, 765-13730-002,
765-16249-010, 765-13744-000, 765-16250-002, and annually for two subsequent years.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Following the initial consultation, the applicant/owner must submit a 3-year maintenance
contract surety at 150% of the total estimate for the three instances of invasive species removal.
Upon completion of the three-year surety period, the Urban Forester shall inspect the site and
determine whether invasive species have been sufficiently eradicated. Upon such a finding, the
City of Fayetteville shall release the currency, bond or letter of credit. In the absence of such a
finding, the developer shall be notified to take appropriate action as approved by the Urban
Forester. If the developer does not take remedial steps to bring the property into compliance,
the City of Fayetteville shall use the necessary monies from the landscape establishment
guarantee to do so.
CITY OF
FAYETTEVILLE
ARKANSAS
Meeting of July 16, 2025
TO: Mayor; Fayetteville City Council
THRU: Keith Macedo, Interim Chief of Staff
Jonathan Curth, Development Services Director
FROM: Willa Thomason, Urban Forester
DATE: July 10, 2025
CITY COUNCIL MEMO
SUBJECT: VAC-2025-0013: Vacation (3661 W WEDINGTON DR.): Submitted by CRAFTON
TULL & ASSOCIATES for property located at 3661 W WEDINGTON DR. The property is zoned
R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 32.60 acres. The request is
to vacate a 0.95-acre tree preservation easement.
Request: The applicant proposes to vacate a 0.95-acre tree preservation easement on the
property that was dedicated in 2008. The easement is located within the Ozarks Electric
Cooperative development area.
BACKGROUND:
On June 10, 2025, Urban Forestry staff met with representatives of Ozarks Electric to discuss
conditions of the request to vacate the tree preservation easement at 3661 W Wedington Dr. In
this discussion, staff and the applicants came to a consensus regarding the conditions of this
vacation. The recommended conditions of approval include dedication of 2.3 acres of tree
preservation easement towards the southern end of parcel 765-13744-000 in exchange for
vacation of 0.95 acres of tree preservation easement on the same site, in addition to a
prescribed burn conducted by Ozark Ecological Restoration Incorporated. This differs from the
proposal considered by City Council at their July 1, 2025 meeting, in that the recommendation
to implement three instances of manual removal of invasive species will be replaced by the
recommendation to administer one instance of prescribed burning.
RECOMMENDATION:
In evaluating the applicant's proposal, staff recommends conditional approval of VAC-2025-
0013, the vacation of the tree preservation easement as shown in the attached Exhibit 'C' with
the following conditions of approval:
The applicant must dedicate a new 2.3-acre tree preservation easement approximately 1,200 ft.
south of the existing tree preservation easement and directly abutting another existing 5.30-acre
tree preservation easement on the Ozarks Electric campus (Exhibit F1) prior to the vacation of
the easement in question. Additionally, the applicant shall consult with an insured prescribed
burn contractor to administer a prescribed burn for the primary purpose of reducing the
encroachment of invasive species and encouraging the growth of native species on Parcel No.
765-13744-000 in 2026. This work must be implemented at the expense of the applicant/owner
and the initial consultation must occur before the vacation shall be effective. The
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
applicant/owner shall provide the City a copy of its contract containing the proposed scope of
work, an itemized quote, and a clause requiring that, if the approved contract is breached, the
applicant shall deposit into the city's Tree Escrow Account the amount set forth in that contract.
Implementation of the prescribed burn shall occur before the end of 2026, and an itemized
receipt containing proof of payment shall be submitted to Urban Forestry staff upon completion.
ORDINANCE NO.
AN ORDINANCE TO APPROVE VAC-25-13 FOR PROPERTY LOCATED AT 3661 WEST
WEDINGTON DRIVE IN WARD 4 TO VACATE 0.95 ACRES OF TREE PRESERVATION
AREA CONTINGENT ON THE DEDICATION OF A REPLACEMENT TREE
PRESERVATION EASEMENT TOTALING APPROXIMATELY 2.3 ACRES AND OTHER
CONDITIONS
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of tree
preservation 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
portion of tree preservation as described in Exhibit E attached to the Planning Department's
agenda memo.
Section 2: A copy of this Ordinance duly certified by the City Clerk along with the drawing
attached as Exhibit C and the map attached as Exhibit D to the Planning Department's agenda
memo shall be filed in the office of the Washington County Circuit Clerk.
Section 3: This vacation is subject to the following conditions:
I. The applicant shall dedicate a new 2.3-acre tree preservation easement approximately
1,200 ft. south of the existing tree preservation easement and directly abutting another
existing 5.30-acre tree preservation easement on the Ozarks Electric campus (Exhibit F 1)
before the vacation shall be effective.
2. The applicant shall consult with an insured prescribed burn contractor to administer a
prescribed burn for the primary purpose of reducing the encroachment of invasive species
and encouraging the growth of native species on Parcel No. 765-13744-000 in 2026. This
work must be implemented at the expense of the applicant/owner and the initial
consultation must occur before the vacation shall be effective. The applicant/owner shall
provide the City a copy of its contract containing the proposed scope of work, an
itemized quote, and a clause requiring that, if the approved contract is breached, the
applicant shall deposit into the city's Tree Escrow Account the amount set forth in that
contract. Implementation of the prescribed burn shall occur before the end of 2026, and
an itemized receipt containing proof of payment shall be submitted to Urban Forestry
staff upon completion.
This vacation is subject to the following conditions:
1. The applicant shall dedicate a new 2.3-acre tree preservation easement approximately
1,200 ft. south of the existing tree preservation easement and directly abutting another
existing 5.30-acre tree preservation easement on the Ozarks Electric campus (Exhibit F 1)
before the vacation shall be effective.
2. The applicant shall consult with an insured prescribed burn contractor to administer a
prescribed burn for the primary purpose of reducing the encroachment of invasive species
and encouraging the growth of native species on Parcel No. 765-13744-000 in 2026. This
work must be implemented at the expense of the applicant/owner and the initial
consultation must occur before the vacation shall be effective. The applicant/owner shall
provide the City a copy of its contract containing the proposed scope of work, an
itemized quote, and a clause requiring that, if the approved contract is breached, the
applicant shall deposit into the city's Tree Escrow Account the amount set forth in that
contract. Implementation of the prescribed burn shall occur before the end of 2026, and
an itemized receipt containing proof of payment shall be submitted to Urban Forestry
staff upon completion.
Form 0.55
N\AiAea
itiddLa
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number #: 523902
PO #:
Matter of. ORD 6894
AFFIDAVIT • STATE OFARKANSAS
ECEIVE
1 7/15/2025
C TY OF FAYETTEV►LLE
CITY CLERK'S �
I Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily
newspaper printed and published in WASHINGTONBENTON county, State ofARKANSAS; that 1 was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of
ORD 6894
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.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $194.56.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 07120125, NWA nwaonline.eom 07120125
2 � ia,zLV, L4 -:
6.RASyV%
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J .• "\ssion;'••..9 '.
0;'0�1,•2z-20,3
Legal Clerk
State ofARKANSAS, County of Sebastian
�> OTAR y gym.
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Subscribed and swom to before me on this 21 st day of July, 2025
= tip:' _
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NO ARY PUBLIC
Ordinance: 6894
File Number: 2025.366
AN ORDINANCE TO APPROVE
VAC-25.13 FOR PROPERTY LO-
CATED AT 3661 WEST WEDING-
TON DRIVE IN WARD 4 TO
VACATE 0,95 ACRES OF TREE
PRESERVATION AREA CONTIN-
GENT ON THE DEDICATION OF A
REPLACEMENT TREE PRESER-
VATION EASEMENT TOTALING
APPROXIMATELY 2.3 ACRES
AND OTHER CONDITIONS
WHEREAS, the City Council
has the authority under &CA. §
14.54-104 to vacate public
grounds or portions thereof
which are not required for cor-
porate purposes; and
WHEREAS, the City Council
has determined that the follow-
ing described portion of tree
preservation easement is not
required for corporate purposes.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby vacates the
portion of tree preservation as
described in Exhibit E attached
to the Planning Department's
agenda memo.
Section 2: A copy of this Ordi-
nance duly certified by the City
Clerk along with the drawing at-
tached as Exhibit C and the map
attached as Exhibit D to the
Planning Department's agenda
memo shall be filed in the office
of the Washington County Cir-
cuit Clerk.
Section 3: This vacation is
subject to the following condi-
tions:
1. The applicant shall dedi-
cate a new 2.3-acre tree
preservation easement approx-
imately 1,200 ft. South of the
existing tree preservation ease-
ment and directly abutting an-
other existing 5.30-acre tree
preservation easement on the
Ozarks Electric campus (Exhibit
Ft) before the vacation shall be
effective.
2. The applicant shall consult
with an insured prescribed bum
contractor to administer a pre-
scribed burn for the primary
purpose of reducing the en-
croachment of invasive species
and encouraging the growth of
native species on Parcel No.
765.13744-000 in 2026. This
work must be implemented at
the expense of the
applicant/owner and the initial
consultation must occur before
the vacation shall be effective.
The applicant/owner shall pro-
vide the City a copy of its con-
tract containing the proposed
scope of work, an itemized
quote, and a clause requiring
that, if the approved contract is
breached, the applicant shall
deposit into the city's Tree Es-
crow Account the amount set
forth In that contract. Imple-
mentation of the prescribed
bum shall occur before the end
of 2026, and an itemized receipt
containing proof of payment
shall be submitted to Urban
Forestry staff upon completion.
PASSED and APPROVED on
July 15, 2025
Approved:
Molly Rawn, Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk -Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid: $194.56
July 20, 2025 523902