HomeMy WebLinkAboutOrdinance 4844 Doc ID : 009832620003 Tvoe : REL
Recorded : 04/05/2006 at 03 : 57 : 40 PM
Fee Amt : $14 . 00 Paoe 1 of 3
Mashlnaton Countv . AR
Bette stamps Clrcult Clerk
F11e2006-00013588
ORDINANCE NO. 4844
AN ORDINANCE APPROVING VAC 06- 1914 SUBMITTED
BY MCGOODWIN, WILLIAMS & YATES, INC., FOR
PROPERTY LOCATED EAST OF ROM ORCHARD ROAD,
NORTH OF OLD SKILLERN ROAD; VACATING A 20'
UTILITY EASEMENT ON THE SUBJECT PROPERTY,
CONTAINING APPROXIMATELY 0.333 ACRES
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 the
platted 20'utility 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 and
abandons the following described utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the
County and recorded in the Deed Records of the County.
Section 3 : That this vacation approval is subject to the conditions of approval listed in
the staff report and Planning Commission recommendations for the City of Fayetteville, and
shall not be in effect until all conditions are met therein.
`���•`��FK/TR�S''%
PASSED and APPROVED this 7t' day of March, 2006. -,.��G.•G\SY O,c
APPROVE ATTEST: ; FAYETTEVILLE ;
°syyi S'9;NKA N SQA'Jam'.`
q' • • . . . O `�`%
By. DAN COO May By. SO DRA SMITH. ity Clerk/Treasurer
,��H°TONG..�`
EXHIBIT "A"
VAC 06-1914
A PART OF THE NORTHEAST QUARTER OF SECTION THIRTY-ONE, TOWNSHIP
SEVENTEEN NORTH, RANGE TWENTY-NINE WEST, DESCRIBED AS FOLLOWS, TO
WIT: COMMENCE AT THE ARKANSAS GEOLOGICAL SURVEY PERPETUATION
MONUMENT WHICH MARKS THE NORTHEAST CORNER OF SAID SECTION 31 ,
THENCE SOUTH 020 16' 17" WEST ALONG THE EAST LINE OF SAID SECTION 31 A
DISTANCE OF 1 ,673 .23 FEET; THENCE NORTH 87° 44' 44" WEST A DISTANCE OF
213 .30 FEET TO A STEEL PIN; THENCE SOUTH 88° 56' 15" WEST 50.83 FEET; THENCE
NORTH 860 53 ' 21 " WEST 3 .57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE
OF ROM ORCHARD RD. SAID POINT BEING THE POINT OF BEGINNING OF THIS
EASEMENT DESCRIPTION AND RUN THENCE NORTH 860 53' 21 " WEST 20.00 FEET;
THENCE NORTH 10 53' 50" EAST 109. 12 FEET TO THE BEGINNING OF A CURVE TO
THE LEFT, SAID CURVE HAVING A RADIUS OF 147.53 FEET AND A DEFLECTION
ANGLE OF 400 00' 14", THENCE ALONG THE ARC OF SAID CURVE 103 .01 FEET;
THENCE NORTH 38° 06' 24" WEST 69.78 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT, SAID CURVE HAVING A RADIUS OF 232.00 FEET AND A DEFLECTION
ANGLE OF 450 57' 02", THENCE ALONG THE ARC OF SAID CURVE 186.06 FEET;
THENCE NORTH 070 50' 39" EAST 78.48 FEET; THENCE NORTH 10' 07' 47" EAST 179.55
FEET TO THE SOUTH LINE OF THE EXISTING 50 FOOT UTILITY AND INGRESS
EGRESS EASEMENT, THENCE SOUTH 810 43' 51 " EAST ALONG THE SOUTH LINE OF
SAID 50 FOOT UTILITY EASEMENT 20.01 FEET TO THE WEST RIGHT OF WAY LINE
OF ROM ORCHARD RD.; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 10° 07'
47" WEST 180.20 FEET; THENCE SOUTH 070 50' 39" WEST 77.68 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 212.00
FEET AND A DEFLECTION ANGLE OF 450 57' 02", THENCE ALONG THE ARC OF
SAID CURVE 170.02 FEET; THENCE SOUTH 38° 06' 24" EAST 69.78 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF
167.53 FEET AND A DEFLECTION ANGLE OF 400 00' 14", THENCE ALONG THE ARC
OF SAID CURVE 116.97 FEET; THENCE SOUTH 10 53' 50" WEST 109.54 FEET TO THE
POINT OF BEGINNING, CONTAINING 14,499 SQUARE FEET OR 0.333 ACRES.
EXHIBIT "B"
VAC 06-1914
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Washington County, AR
I certify this instrument was filed on
04/05/2008 03:57:40 PM
and recorded in Real Estate
File Number 2008-00013588
Bette Stamps - Circuit Cl
by
D /2P
3 / 7 /0
City of Fayetteville
Staff Review Form
City Council Agenda Items rl
or g ti Y4 '&
Contracts
7-Mar-O6
City Council Meeting Date
Jeremy Pate �i Planning Operations
Submitted By Division Department
Action Required:
VAC 06- 1914: (Johnson, 256): Submitted by McGoodwin, Williams & Yates, Inc., for property located east of Rom Orchard
Road, north of Old Skillern Road. The property is zoned R-A, Residential-Agricultural, and contains approximately 0.33 acres
owned by Johnson and Rice. The request is to vacate a 20' utility easement.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
N/A N/A N/A
Account Number Funds Used to Dale Program / Project Category Name
NIA N/A F'
N/A
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Virector Date Original Contract Date: n/a
2l/ felQC� Original Contract Number: n/a
City Att ey
Received inv1J
C WI ffice
—�(tI
Finance and Internal Service Director Date
` Received in Mayg E ice
Mayor Date
Comments:
City Council Meeting of March 07, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: February 15, 2006
Subject: Easement Vacation for Johnson and Rice (VAC 06- 1914)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a 20-foot utility easement
as depicted herein.
BACKGROUND
The subject property is located at the city limits, west of Rom Orchard Road. On
November 22, 2004, the Planning Commission approved a lot split to create two lots — a .
2.6-acre tandem lot and a 7.5-acre lot. The recorded lot split plat included the dedication.
of a 20' general utility easement adjacent to Rom Orchard Road right-of-way as typically .
requested by the utility companies and staff for future placement of utilities.
In January 2005, staff received a letter from Ozark Region Land Trust (ORLT) indicating
that a conservation easement had been dedicated on the subject property on December 31 ,
1997, which grants ORLT the right to approve any utility easement on the property. In
this letter, the representative of ORLT stated, "While we are generally supportive of the
proposed lot split, we are totally opposed to the proposed utility easement, and cannot
give our approval to it without good cause."
There are no utilities located within the easement. A 4" water line exists within the right-
of-way on the east side of Rom Orchard Road. The vacation of this utility easement will
result in the future placement of any necessary utilities on property east of Rom Orchard
Road.
DISCUSSION
This item was heard at the regular Planning Commission on February 13, 2006. The
Planning Commission voted 9-0-0 on its consent agenda to recommend this vacation
request to the City Council. The two conditions of approval placed on this vacation
request have been met.
Notification was provided to all appropriate utility representatives and adjoining property
owners. No objections were submitted. A letter from the Water and Wastewaster
City Council Meeting of March 07, 2006
Agenda Item Number
Director regarding the affect of this vacation on the future placement and extension of
utilities is included within the attached staff report.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 06- 1914 SUBMITTED BY MCGOODWIN,
WILLIAMS & YATES, INC., FOR PROPERTY LOCATED EAST OF ROM ORCHARD
ROAD, NORTH OF OLD SKILLERN ROAD; VACATING A 20' UTILITY EASEMENT
ON THE SUBJECT PROPERTY, CONTAINING APPROXIMATELY 0.333 ACRES
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 the platted
20'utility 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 and abandons the
following described utility easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached
hereto and labeled Exhibit `B" shall be filed in the office of the Recorder of the County and recorded in the
Deed Records of the County.
Section 3 : That this vacation approval is subject to the conditions of approval listed in the staff report
and Planning Commission recommendations for the City of Fayetteville, and shall not be in effect until all
conditions are met therein.
PASSED and APPROVED 7`h day of March 2006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 06-1914
A PART OF THE NORTHEAST QUARTER OF SECTION THIRTY-ONE, TOWNSHIP SEVENTEEN
NORTH, RANGE TWENTY-NINE WEST, DESCRIBED AS FOLLOWS, TO WIT: COMMENCE AT THE
ARKANSAS GEOLOGICAL SURVEY PERPETUATION MONUMENT WHICH MARKS THE
NORTHEAST CORNER OF SAID SECTION 31 , THENCE SOUTH 020 16117" WEST ALONG THE EAST
LINE OF SAID SECTION 31 A DISTANCE OF 1 ,673 .23 FEET; THENCE NORTH 87° 44' 44" WEST A
DISTANCE OF 213 .30 FEET TO A STEEL PIN; THENCE SOUTH 88° 56' 15" WEST 50.83 FEET;
THENCE NORTH 860 53 ' 21 " WEST 3 .57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF
ROM ORCHARD RD. SAID POINT BEING THE POINT OF BEGINNING OF THIS EASEMENT
DESCRIPTION AND RUN THENCE NORTH 860 53' 21 " WEST 20.00 FEET; THENCE NORTH 1 ' 53' 50"
EAST 109. 12 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A
RADIUS OF 147.53 FEET AND A DEFLECTION ANGLE OF 400 00' 14", THENCE ALONG THE ARC OF
SAID CURVE 103.01 FEET; THENCE NORTH 38' 06' 24" WEST 69.78 FEET TO THE BEGINNING OF A
CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 232.00 FEET AND A DEFLECTION
ANGLE OF 450 57' 02". THENCE ALONG THE ARC OF SAID CURVE 186.06 FEET; THENCE NORTH
070 50' 39" EAST 78.48 FEET; THENCE NORTH 100 07' 47" EAST 179.55 FEET TO THE SOUTH LINE
OF THE EXISTING 50 FOOT UTILITY AND INGRESS EGRESS EASEMENT, THENCE SOUTH 810 43'
51 " EAST ALONG THE SOUTH LINE OF SAID 50 FOOT UTILITY EASEMENT 20.01 FEET TO THE
WEST RIGHT OF WAY LINE OF ROM ORCHARD RD.; THENCE ALONG SAID RIGHT OF WAY LINE
SOUTH 100 07' 47" WEST 180.20 FEET; THENCE SOUTH 07° 50' 39" WEST 77.68 FEET TO THE
BEGINNING OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 212.00 FEET AND A
DEFLECTION ANGLE OF 450 57' 02", THENCE ALONG THE ARC OF SAID CURVE 170.02 FEET;
THENCE SOUTH 380 06' 24" EAST 69.78 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT,
SAID CURVE HAVING A RADIUS OF 167.53 FEET AND A DEFLECTION ANGLE OF 400 00' 14",
THENCE ALONG THE ARC OF SAID CURVE 116.97 FEET; THENCE SOUTH 1 ' 53' 50" WEST 109.54
FEET TO THE POINT OF BEGINNING, CONTAINING 145499 SQUARE FEET OR 0.333 ACRES.
PETITION
PETITION TO VACATE A 20 FOOT GENERAL UTILITY EASEMENT, LOCATED IN THE NORTHEAST QUARTER
(NE Y4) OF SECTION 31 , TOWNSHIP 17 NORTH, RANGE 29 WEST, CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
1, the undersigned, Brad Johnson, being the owner of the real estate abutting the easement, hereinafter sought to be
abandoned and vacated, lying in the Northeast Quarter (NE '/4) of Section 31 , Township 17 North, Range 29 West, City of
Fayetteville, Arkansas, a municipal corporation, petition to vacate a general utility easement, which is described as follows:
A part of the Northeast Quarter of Section Thirty-one, Township Seventeen North, Range Twenty-nine West,
described as follows, to wit: commence at the Arkansas Geological Survey Perpetuation Monument which marks
the northeast corner of said Section 31 , thence South 020 16' 17" West along the east line of said Section 31 a
distance of 1 ,673.23 feet; thence North 87° 44' 44" West a distance of 213.30 feet to a steel pin; thence South 88"
56' 15" West 50.83 feet; thence North 860 53 ' 21 " West 3.57 feet to a point on the west right of way line of Rom
Orchard Rd. said point being the Point of Beginning of this easement description and run thence North 860 53' 21 "
West 20.00 feet; thence North 10 53' 50" East 109. 12 feet to the beginning of a curve to the left, said curve having a
radius of 147.53 feet and a deflection angle of 400 00' 14", thence along the arc of said curve 103.01 feet; thence
North 380 06' 24" West 69.78 feet to the beginning of a curve to the right, said curve having a radius of 232.00 feet
and a deflection angle of 45° 57' 02", thence along the arc of said curve 186.06 feet; thence North 07° 50' 39" East
78.48 feet; thence North 100 07' 47" East 179.55 feet to the south line of the existing 50 fool utility and ingress
egress easement, thence South 810 43' 51 " East along the south line of said 50 foot utility easement 20.01 feet to
the west right of way line of Rom Orchard Rd.; thence along said right of way line South 10° 07' 47" West 180.20
feet; thence South 07° 50' 39" West 77.68 feet to the beginning of a curve to the left, said curve having a radius of
212.00 feet and a deflection angle of 45° 57' 02", thence along the are of said-curve 170.02 feet; thence South 380
06' 24" East 69.78 feel to the beginning of a curve to the right, said curve having a radius of 167.53 feet and a
deflection angle of 40° 00' 14", thence along the arc of said curve 116.97 feet; thence South 1" 53' 50" West 109.54
feet to the Point of Beginning, containing 14,499 square feet or 0.333 acres.
That there is no other abutting real estate affected by said abandonment of the easement. The general utility easement was
dedicated by Susan Alger to the City of Fayetteville in December of 2004 on a plat required for a lot split of her property. I
purchased the property from her in February 2005. No utilities have been placed within this easement and to my knowledge
none are currently planned. The public interest and welfare would not be adversely affected by the abandonment of the above
described easement situated on my property.
The petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, and that the
above described real estate be used for their respective benefit and purpose as now approved by law.
The petitioner further prays that the above described real estate be fully vested in him as the owner of the fee simple interest
in the property presently subject to the utility easement as provided by law.
WHEREFORE, the undersigned petitioner respectfully prays that the governing body of the City of Fayetteville, Arkansas,
abandon and vacate the above described utility easement, and that title to said utility easement sought to be abandoned be
vested in the abutting property owner as provided by law, and as to that particular land the owner be free from the easement
of the public for'the use of said general utility easement.
Dated this d3 day of / t a. 20019
panted name sign ur
AX
printed name 4signatdrep rated name printed name
SYVIee PC Meeting of February 13 , 2006
ARKANSAS
TFIE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Planner
Brent O'Neal, Staff Engineer
THRU : Jeremy Pate., Zoning & Development Administrator
DATE: February 7, 2006 Updated February 14, 2006
VAC 06-1914: (JOHNSON, pp 256): Submitted by McGoodwin, Williams & Yates,
Inc. for property located east of Rom Orchard Road and North of Old Skillern Road. The
property is zoned R-A, Residential Agricultural, and contains approximately
0.33 acres owned by Johnson and Rice. The request is to vacate a 20' utility easement.
Planner: Suzanne Morgan
Findings: Vacating the easement would require that all utilities be placed on the east.
side of Rom Orchard Road.
Background: On November 22, 2004, the Planning Commission approved a lot split to
create two lots — a 2.6-acre tandem lot and a 7.5-acre lot. The recorded lot split plat
included the dedication of a 20' general utility easement adjacent to Rom Orchard Road
right-of-way as typically requested by the utility companies and staff for future placement
of utilities. In January 2005, staff received a letter from Ozark Region Land Trust
(ORLT) indicating that a conservation easement had been dedicated on the subject
property on December 31 , 1997, which grants ORLT the right to approve any utility
easement on the property. In this letter, the representative of ORLT stated, "While we
are generally supportive of the proposed lot split, we are totally opposed to the proposed
utility easement, and cannot give our approval to it without good cause." 1 1 1 1
There are no utilities located within the easement. A 4" water line exists within the right-
of-way on the east side of Rom Orchard Road. The vacation of this utility easement will
result in the future placement of any necessary utilities on property east of Rom Orchard
Road. (See attached letter from Mr. Jurgens, Water and Wastewater Director.)
Request: A petition was submitted to vacate a 20' general utility easement. This petition
was signed by Mr. and Mrs. Brad Johnson who purchased the 7.5-acre property. In June
of 2005, Mr. Johnson received approval of a property line adjustment to transfer a 2-acre
portion of the property to Brooks Rice. Staff has received a letter from Brooks Rice
indicating his agreement of the vacation. Mr. Rice will be required to sign the Petition
prior to City Council consideration.
K. IReports120061PC Reports102-13-061VAC 06-1914 (Johnson-Rom Orchard).doc
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows:
Ozarks Electric
Cox Communications
AEP/SWEPCO
SW Bell
Arkansas Western Gas
CITY OF FAYETTEVILLE:
Water/Sewer
Transportation
Solid Waste
Engineering
RESPONSE
No Objections.
No Objections.
No Objections.
No Objections.
No Objections.
No Objections. See attached
letter from David Jurgens,
Water/Wastewater Director.
No Objections.
No Objections.
No Objections.
Public Comment: The applicant has submitted the required notification forms:to the
"adjacent property owners. Adjacent property owners had no objections to the proposed
vacation.
Recommendation: Staff recommends approval of the proposed utility easement
vacation 06-1914 with the following conditions of approval:
All property owners on which this 20' utility easement is located shall sign a
Petition for vacation of said easement prior to City Council consideration.
2. The legal description of the 20' utility easement shall be approved by GIS
Division prior to City Council consideration of the vacation request.
The above two conditions of approval have been satisfied. The Petition for Vacation
has been signed by Mr. and Mrs. Brad Johnson and Mr. and Mrs. Brooks Rice. The
GIS Division has reviewed and approved the legal description as shown on Exhibit
"A„
K. 1Reporls120061PC ReportsI02-13-061VAC 06-1914 (Johnson -Rom Orchard).doc
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date: February 13, 2006 Forwarded on Consent Agenda.
Motion to Approve: Allen
Second: Vaught
Vote: 9-0-0
Comments:
The "CONDITIONS
OF
APPROVAL", as stated in
this report, are accepted in total
without exception by
the
entity requesting
approval
of this development item.
Title
Date
CITY COUNCIL ACTION: yes Required
Approved Denied
Date:
KlReports120061PC Reports102-I3-061 VAC 06-1914 (Johnson -Rom Orchard).doc
161.03 District R -A, Residential -Agricultural
(A)Purposes. The regulations of the agricultural district are designed to protect
agricultural land until an orderly transition to urban development has been
accomplished; prevent wasteful scattering of development in rural areas; obtain
economy of public funds in the providing of public improvements and services of
orderly growth; conserve the tax base; provide opportunity for affordable housing,
increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 36
Wireless communications facilities
C) Density.
Units per acre I One-half ii ,, c
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
4
(F) Height requirements. There shall be no maximum height limits in the A-1 District,
provided, however, that any building which exceeds the height of 15 feet shall be
setback from any boundary line of any residential district a distance of 1.0 foot for
each foot of height in excess of 15 feet. Such setbacks shall be measured from the
required setback lines.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No, 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-
31-99)
K. IReportst20061PC Reports102-13-061 VAC 06-19/4 (Johnson -Rom Orchard).doc
aye evl le
ARKANSAS
WATER AND WASTEWATER DEPARTMENT
DEPARTMENTAL CORRESPONDENCE
TO: Ron Petrie, Engineering
Jeremy Pate, Planning
FROM: David Jurgens, Water & Wastewater Director &I) l/"'
DATE: February 6, 2006
SUBJECT: Easement Vacation Request, 3057 Rom Orchard Road
I concur with the easement vacation along the west side of and in the vicinity of 3057
Rom Orchard Road with the following comments and observations.
The
existing 4 inch
water line,
which favors
the west
side
of the road, is insufficient for
any
future needs. It
will have
to be replaced
with an
8" or
larger line.
Vacating this easement will require that all utilities will ultimately have to be placed on
the east side of the road. The resultant utility density places an unusually large
requirement for utility easements and/or rights of way on the east side of the road. It will
require that more land be dedicated, that the utilities be installed under the existing or
replacement road, or both. This will incur greater public inconvenience and greater cost
to whomever installs the utilities and/or provides the easements. I recognize that the lots
and/or developments that will be served, along this portion of Rom Orchard only, will be
on the east side of the road. However, to both the north and south, lots on both sides of
the road will be served. This will likely additional road crossings for the publicly owned
utilizes at the north and south boundaries of this vacated area.
These considerations must be incorporated into any future utility or land use planning in
this area.
Rom Orchard 3057 EasmtVac Jan06.doc
Ctodwin
Engineering
Williams & Yates
Con (I eace
June 9, 2005
Mr. Jeremy Pate
Director of Planning
City of Fayetteville
City Administration Building
113 West Mountain
Fayetteville, Arkansas 72701
Re: Application for Easement Vacation
Brad Johnson Property
Project NO. Fy-331
Dear Mr. Pate:
Enclosed are application materials for vacation of a 20 foot wide general utility easement on the
Brad Johnson property on Rom Orchard Road. This property was recently purchased from
Susan Alger. A lot split was approved for this property (LSP 04-1283) in November 2004 which
enabled Ms. Alger to convey it to Mr. Johnson. At the technical plat review of this split on
October 27, 2004, I was instructed by planning staff on advice of the utility representatives to
add a dedication for a 20 foot wide general utility easement along the west side of Rom
Orchard Road. This easement was added to the plat and the split was approved by the City.
The entire tract is subject to a conservation easement and preservation covenants with Ozark
Regional Land Trust. Ozark Regional Land Trust has informed Mr. Johnson that this easement
dedication was a violation of its easement and the conservation covenants. Mr. Johnson has
authorized us to submit the attached petition for vacation of the easement on his behalf.
The easement covers a wooded area which acts as a buffer between Rom Orchard Road and a
large, old pond. The placing of utilities would require the destruction of these trees and ruin
this natural area. There are no existing utility lines within the easement. All utilities are located
either within the 60 -foot wide road right of way or on the east side of the road. Due to the
conservation easement and covenants, development cannot take place Mr. Johnson's property
on the west side of the road. Development can take place on the east side of the road and
therefore utility lines and easements should be placed there.
Allowing this easement to remain will create a permanent threat to this tree buffer and the
viability of the pond as wildlife habitat. Destruction of these trees would be a needless loss and
completely contrary to the clearly stated policy of the City of Fayetteville.
111-d4e1/e v/l/e
9-443-3404 O 479-443-4340•WWW.MW4USN.CO�
I
Mr. Jeremy Pate
June 9, 2005
Page 2 of 2
On June 3, the planning department approved a lot line adjustment that would enable the one
property owner who abuts the easement, Brooks Rice, to purchase two acres of this tract. Mr.
Rice strongly supports this petition and his letter on this matter is attached to these materials.
Thank you for your consideration of this application. If you require additional materials, please
so inform me.
Sincerely,
Tom Webb, PS
TW:bp
enclosure
cc: Greg Galbraith, Ozark Regional Land Trust
Brad Johnson
Brooks Rice
Ozark Regional Land Trust
427 S. Main St.
Carthage, MO 64836
(417) 358-0852 (office), (417) 358-5176 (evenings)
(417) 358-4438 (fax).
email: odt@ipa.net
website: www.orlt.org
January 15, 2005
Suzanne Morgan
Associate Planner
Office of City Planning
125 West Mountain
Fayetteville, AR 72701
Re: Proposed Lot Split in E A of NE A Sec 31, 117N, R29W for Brad Johnson (Susan Alger,
property owner)
Dear Ms. Morgan,
A serious oversight was made during consideration of the lot split approved for the Susan
Alger's property on December 20,.2004 in behalf of Brad Johnson. A 20 -foot general utility
easement was approved by the City and Susan Alger without consent of Ozark Regional Land
Trust, Inc. (ORLT). ORLT holds a conservation easement, dated December 31, 1997, on the said
property, which is recorded at 98001254 of the Washington County Recorder's Office. The
conservation easement clearly grants ORLT the right to approve any proposed utility easements
on the property. No utility easements may be granted by Susan Alger without the written
consent of ORLT. Nor, can any lot splits occur without our approval. A proper title search of
the property would have revealed this.
ORLT did discuss the proposed lot split with Susan Alger over a year ago. We told Susan
that we were generally favorable to the lot split pending final survey and notifications. We also
discussed the lot split with both prospective buyers of the Alger property -. Brad Johnson and
Brooks Rice - and feel their plans for the property were consistent with the goals of the
conservation easement. No discussion concerned the possible granting of a 20 -foot utility
easement along the west side of Rom Orchard Road. While we are generally supportive of the
proposed lot split, we are totally opposed to the proposed utility easement, and cannot give our
approval to it without good cause.
The
conservation easement restricts
the 7-V2
acre tract (labeled 765-21240-001)
to no
more than
one house in the future and no
further
subdivision. In addition,
the pond,
which
makes up
a good portion of the property,
must remain as it is with a 20'
buffer of
native
vegetation surrounding it. The 20' utility easement is inappropriate and totally unnecessary for
this tract, which is severely limited in future development potential. If a utility easement
becomes necessary in the future, it should be placed on the east side of the road where
development activities are still possible. Even the inactive existence of the utility easement
poses a great threat to the plans ORLT and Brooks Rice have for doing restoration work on the
property. The potential activation of the utility easement is a serious disincentive to the
expenditure of time and money on the restoration of the property, which protects important
natural and open space along approximately 750 feet of Rom Orchard Road.
ORLT.created the conservation easement in 1997 with support of the neighborhood, the
City Council and Planning Department, and through the generous donations of the conservation
easement on approximately 35 acres by three of the landowners. The conservation easement
on these 35 acres protects over a third of the land bounded by Lancaster Lane, Old Wire Road,
Skillern Road, and Rom Orchard Road. (see attached maps) The restrictions restrict the future
development of homes to no more than a total of 12 on the 35 acres, and protects the large
and historic pond.
In consideration of the extensive conservation planning and permanent protections
created on this property and in this neighborhood, we ask the City to reconsider its approval of
the 20' utility easement and/or vacate the utility easement so we can give our approval to the
lot split. Without ORLT approval, which is required as a covenant of the property, the granting
of the utility easement by Susan Alger is defective anyhow.
I will
anxiously await
your
response to our letter and to hear your
stand on this matter.
Please let me
know how I can
help
get this resolved in the quickest way for
all parties involved.
Sincerely,
Gregg Galbraith
Executive Director
Ozark Regional Land Trust, Inc.
CC: Dan Coody
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From: Clarice Pearman
To: Pate, Jeremy
Date: 3.10.06 4:58PM
Subject: Ord. 4839, 4840, 4841, 4844 & 4845
Jeremy,
Attached are the copies of the above ordinances passed by City Council, March 7, 2006. If anything else
is needed please let me know.
Thanks.
Clarice
CC: Bell, Peggy; Deaton, Vicki; GIS
NORTHWEST ARKANSAS EDITION
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am the Legal Clerk of the Arkansas
Democrat-Gazette/Northwest Arkansas Times newspaper, printed and
published in Lowell, Arkansas, and that from my own personal knowledge
and reference to thefilesof said publication, that advertisement of:
I . �� was inserted in the regular editions on
PO#
** Publication Charge: $ 1 R3. g
Subscribed and sworn to before me this
A
day of , 2006.
Notary Public Sharlene D. Williams
Notary Public
State of Arkansas
My Commission Expires: — MyCnmmission Expires
October 18, 2014
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
MAR 2 2 200G
CITY OF FAi ETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
I SUB -
T e - evi le
YATES. Y
=TOM
ILLLLERN ARKANSAS
NT ON.
oCfYL
IAl to U.YN....-•-- grounds
FNEREAI, the City Council has the authority under A.C.A. § 14.54-10410 vacate public
portions thereof which are not regWretl for corporate purposes: and. ion of the planed
NHEREAS, the City Council has determined thetthe tolloxing described poi
lion
ullhN easement g not required for corporate purposes.
NOW, THEREFORE, BE It ORDAINED BY THE..CITY COUNCIL OF THE CITY OF
FAYETTEV1LLE, ARKANSASt
Section 1: That the City Council of Me City of Fayetteville. Arkansas hereby vacates and abandon:
the following described utility easement
See Exhibit'As attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duty certified by the City Clef k along with Me map attache
hereto and labeled Exhibit' Bshell be filed in me office of the Recorder of the County and recO"
r
n MeDeed Records of the County.tion3: That this vacation approval Is subject to Ma conditions of approval listed in me sta rapt
Planning Commission recd lendations for Me Ciry of Fayetteville, and shad not be in etle
l allconditions, are met therein.
SSED sod APPROVED this 7th day of March. 2006.
ATTEST:
OF
53' 21' WtbI J.J' r -
.' ... ... _
RD. SAID POINT BEING THE POINT O'
RUN THENCE NORTH B6° 534 217 WES1
T TO THE BEGINNING OF A CURVE TO
ET AND A DEFLECTION ANGLE OF 4D°
OF
FEET
RYE HAVING A RADIUS OF 167.ba rtm i THENCE SOUTH 1° 53? 50! Wry
ALONG THE ARC OF SAID CURVE 116.97 FEET:
EET TO THE POINT OF BEGINNING, CONTAINING 14.499 SQUARE FEET OR 0.33
'B' is a map and may be viewed in the City Clerks Office during normal business hours.
RECEIVF_D
MRR 22 2006
CITY OF FAYETTEV!LL