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HomeMy WebLinkAboutOrdinance 4932 - , Doc ID : 010506670004 TvDe : REL Recorded : 10/25/2006 at 01 : 55 : 22 PM Fee Amt : $17 . 00 Pace 1 of 4 Nashlnaton Countv . AR Bette Stamos Circuit Clerk File2006-00043809 , i ORDINANCE NO, 4932 AN ORDINANCE APPROVING VAC 06-2219 SUBMITTED BY TIM PATTERSON FOR PROPERTY LOCATED AT LOT 53 BLOCK I OF THE NORTH POINT SUBDIVISION, VACATING THE SOUTHERN 15 ' OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY. 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 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 as follows, and shall not be in effect until all conditions are met herein. 1 . The vacation of said portion of the utility easement is subject to the relocation of the water line, such that 10' separation is maintained between the relocated water line and the southeastern line of the easement. Said relocation shall be completed within one year, or the vacation is rendered null and void. 2. Any relocation of existing utilities shall be at the owner/developer's expense. { AG ' Fn PASSED and APPROVED this 3`d day of October, 2606. c um FAYETTEVILLE ;� APPROVED: ATTEST: %,hj • 'p ''..AGTON G "'�uwnu�uk. By: By: DRA OODY, ayor SO DRA SMITH, CiTy Clerk EXHIBIT "A" VAC 06-2219 FIFTEEN ( 15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO "I-HE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11 , PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87028' 19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14"E 43 .61 FEET; N26°08'27"E 103 .93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23043'33 "W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33048'09"W 53. 13 FEET; S26°08'27"W 106.64 FEET; S13°08'14"W 48. 13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28' 19"E 15.26 FEET TO THE POINT OF BEGINNING. EXHIBIT "Bus r EASEMENT VACATION • tnsmm UPON �Llo.c -.c M1q�' _ rnsnln rnlIIab 'x T N O IHSLNLTJRW u EE um SMRgU%,MR gn n VAIe NRL Amy Poll a DOE P rola VICINITY IfAP -' . : ' / p, / 0 U.VT.N\ stag V4pnla `` ED ILELRnnW rcusu lL. ImPE m[EVtm [LtclR2lE'laL ry MCD (lig5 DID w - aorto reLR_Ea\w . -r-r- awn) mtlwa� (EAR ED WAMR L t \\ F Rn.ERIM d' ROb O00011L)AIT, MINE M1i I bAgo 2L. w I. off'-.'.I $. t. + IN 24498.62 SQ. FT. 0.56± ACR&S ' .� \`\ O •tel /Y.......+, • .� a6 �\ \ I 11 \ __ _______ _ _ r iJib� ' i I I VIVM1 GIINxI { 1 .I jl 7 I( H2lTTE'Io1� I t f 158.7EF ARA I! I ` e _ \ \ I �I ffi'mi[swd ` 11 mPEV WlmeG il9Iluubauwwdu+5+s a+EU:4 wfisLmRn abnV.M d+tw59eMvnAT, I J `11SdElIfVRW NIDExPTIL\Y `� Il ' xb FAi[YOErImfN1n1W4tIOSRbIFObV rint(MNwNw1�P4VIPIV fli6 Elfg111yFB'L tMbrn NETC K9fOr w9 _� sn�..E.r.wEw>M1m sNOYEwM wTUE 4s FEn M4wuauroF RORId mP...K wwwdm.9l.r r..w�T.c 9.s..wadl ExsTw _ �l v ralmbnaal,mw4x MRFsmmsacM wnaxemalmvn.uxurss mnn rmrPLEun wRlalw -1 . 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I mtNOon Mlu.wdYueNvwrtvOMd VfEln'Esfl/Jvr:fl9Q WvaEtKxmlKx>1FAVIIKOE.iAID I I I auaeaewueweaarw md.mdtl Ew mE1NNvoMl+ooan FwsT LLZ EF5d0 Wx11Y� r p 1cf' nF t1¢NdAMifb EeW95f.M 11EiAlNWY'S'A016 NO 96IM£T SDtEroWfdfLLi: ® I � I V SIeYRlI'PV 10EF i4fT:5Y'MfRY V rEtir rOAt6vr0.'IM$q1:N 1. 6 ,M,pfenbw>Skan l�pr SAplbfrE421A.fiGVS9G'YITc uS.iCriVTE I'mT s !t e 'xao.: GwnbP M1ae vx+m:IJh EfJ'.RVIG. wofe hnMe¢nEEPdtlPem ®tlutlr4. CURFEM(IWIIER °OXflOE^n"TM PO1N1 [Lc Steve Fowler rvNEs lurlrtwrtl¢VIwE'pr¢�iIYeROmxAlNmlwf PA[Vln lYiLN'Rf55' Nfw MK Cf Aet..un ♦ W+OPfDRVIW VEMROM1s OE19PRmsrIW nE�ERIXV VAir As p%VICRCIE Ya,EbaEMs.rtTrFm.e..REM1KASRIsvca.Te. GVEI[Ew.e.RK/m As E CO o[/re/uC >a r. n®. sl. APPR>fYb 0414 lmin4y4M1 oo 74>Ab IMI•AREfpbOVlJIY011fRLYInE(M4nAE0F R1AnIMd'tSKOINSCn.CNREn IA>aJ t<7JI00 K V W C(RC WN' <rc4Ip C0.o(Lv,NRN6w4(IRVE pLRYsp51LE RTMi WSIE\0.6 Y. = 4T54(4 t.flf !FORCE MIL - m IOP e 1Nash'ington 'County, ;AR ll (certifythis 'instrument kwas 'filed on 10/25%2008 101;;55:22 PM Land [recorded iin [Real Estate FilelNumtier2008=0004380, i Be$eEStam;ps = ;Circuit CI" rs oIZD City of Fayetteville y93a Staff Review Form City Council Agenda Items or �/ f Ant- Contracts 3-Oct-06 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 06-2219: (North Point, 248): Submitted by Tim Patterson for property located at Lot 5 Block I of the North Point S/D. The property is zoned C-2, Thoroughfare Commercial and contains approximately 0.56 acres. The request is to vacate a portion of a utility easement within the subject property. 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 N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department birector Date Original Contract Date: n/a Original Contract Number: n/a q- rs o� City Attorney n Received in City Clerk's Office Q . �do �- a -t s -v ►5�° Finance and Internal Service Director Date Received in Mayor's Office ILKIWIlu S/a Mayor Date Comments: City Council Meeting of October 3 , 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations `Q From: Jeremy C. Pate, Director of Current Planning a' Date: September 14, 2006 Subject: Easement Vacation for North Point Subdivision (VAC 06-2219) RECOMMENDATION The Planning Commission recommends approval of an ordinance vacating 15 ' of a utility easement located on Lot 5 Block 1 of the North Point Subdivision. BACKGROUND The subject property consists of Lot 5 Block 1 of the North Point Subdivision and contains approximately 0.56 acres located immediately south of I-540 and north of Point Circle. There is an existing 50' utility easement located along the north portion of the property with multiple utility lines, although none of the utilities lie within the area to be vacated. The utility line nearest the area to be vacated is a 6" water line, which is to be relocated to the north, per City of Fayetteville requirements. The applicant requests to vacate the southern 15 ' of an existing 50' utility easement that is located on the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on at the regular Planning Commission on September 11 , 2006. The Planning Commission voted 6-0-2 to recommend this vacation request to the City . Council . The vacation of said portion of the utility easement is subject to the relocation of the water line, such that a 10' separation is maintained between the relocated water line and the southeastern line of the easement. Said relocation shall be completed within one year, or the vacation is rendered null and void. BUDGETIMPACT None. r ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2219 SUBMITTED BY TIM PATTERSON FOR PROPERTY LOCATED AT LOT 5 BLOCK I OF THE NORTH POINT SUBDIVISION, VACATING THE SOUT14ERN I Y OF THE UTILITY EASEMENT LOCATED WITHIN THE SUBJECT PROPERTY . 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 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 as follows, and shall not be in effect until all conditions are met herein. 1 . The vacation of said portion of the utility easement is subject to the relocation of the water line, such that 10' separation is maintained between the relocated water line and the southeastern line of the casement. Said relocation shall be completed within one year, or the vacation is rendered null and void. c 2. Any relocation of existing utilities shall be at the owner/developer's expense. f PASSED and APPROVED this—day of , 2006. i APPROVED: By: t DAN COODY, Mayor ATTEST:' By: . SONDRA SMITH, City Clerk EXHIBIT "A" VAC 06-2219 FIFTEEN ( 15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11 , PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87028' 19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING, THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08' 14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23043'33"W 17. 78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53. 13 FEET; S26°08'27"W 106.64 FEET; S13°08' 14"W 48. 13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28' 19"E 15.26 FEET TO THE POINT OF BEGINNING. Taye L 1 le PC Meeting .of September H , 2006 ARKANSAS . THE CITY OF FAYIiTTEVILLE , ARKANSAS 125 W. Mountain St. ' Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM : Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU : Jeremy Pate, Director of Current Planning DATE: September 6, 2006 , VAC 06-2219 : (NORTH POINT S/D, 248): Submitted by TIM PATTERSON for property located at LOT 5 BLOCK 1 OF THE NORTH POINT S/D. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.56 acres. The request is to vacate a portion of a utility easement within the subject property. Planner: Jesse Fulcher Findings : Property Description and Background: The subject property consists of Lot 5 Block 1 of the North Point Subdivision and contains approximately 0.56 acres located immediately south of 1-540 and north of Point Circle. There is an existing 50' utility easement located along the north portion of the property with multiple utility lines, although none of the utilities lie within the area to be vacated. The utility line nearest the area to be vacated is a 6" water line, which is to be relocated to the north, per City of Fayetteville requirements. Request: The applicant requests to vacate the southern 15 ' of an existing 50' utility easement that is located on the subject property. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Cox Communications No Objections Ozarks Electric Coop. No Objections Arkansas Western Gas No .Objections AT&T/ Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE K:\Repons\2006\PC.ReWns\09-11 -06\VAC 06-2219 (North Point).dm Water/Sewer Approval subject to the relocation of the existing water line, such that a minimum of 10' of easement on the south side of the relocated water line is maintained. Engineering No Objections Solid Waste No Objections Transportation No Objections Public Comment: Staff has not received public opposition to this vacation request. Recommendation : Staff recommends forwarding to the City Council a recommendation of approval to vacate the utility easement VAC 06-2219 with the following condition: Conditions of Approval: 1 . The vacation of said portion of the utility easement is subject to the relocation of the water line, such that a 10' separation is maintained between the relocated water line and the southeastern line of the easement. Said relocation shall be completed within one year, or the vacation is rendered null and void. 2. Any relocation of existing utilities shall be at the owner/developer's expense. PLANNING COMMISSION ACTION : yes Required Recommendation to be: Forwarded 0 Denied Motion : Clark Second : Myers Vote: 6-0-2 (Commissioners Lack and Trumbo did not vote) Date: September 11, 2006 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. By Title Date K:\Reports\2006\PC Reports\09-11-06\VAC 06-2219 (Noilh Poim).doc .Moam m .Nolo J octet .C2e 4587 Cedar Ridge Drive Springdale, Ar. 72764 City of Fayetteville Planning Fayetteville, Ar. July 26, 2006 Dear Sirs, Enclosed is our completed application for vacation of 15 ' of an existing 50' utility easement contained in Lot 5 of North Point subdivision which is adjacent to the I -540 entrance ramp at the intersection Ar. Hwy. 112 and I -540. All utilities are within the first 25 ' south and east of the I-540 right-of-way fence except for the water line. The water line has a portion on the south end of Lot 5 next to Lot 4 which is 5-6' past the 25' mark. We propose to move this portion of the water line back to a line 25' from.the I-540 right of way. This will provide a 10' buffer between the water line and the easement line. The easement will be 35' if our request is granted. All utilities and adjoining property owners have agreed to the easement request. The Water Department consent is subject to the water line being move back to the 25' mark. As you can see on the attached survey, the easements on this .56 acre lot (24,394 sq. ft) greatly reduce the build able space. We have tried numerous drafts of site plans in an attempt to place our 3,000 sq. ft. pad with the required parking spaces on this lot, and none will work unless the utility easement can be reduced by the 15' we are requesting. Thank you for your consideration of our request. Sincerely, Steve Fowler Monroe North Point, LLC. Enc: Request for Vacation of Easement r EASEMENT VACATION DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: Ni 3°08'14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; S26°08'27"W 106.64 FEET; S13°0814W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28'19"E 15.26 FEET TO THE POINT OF BEGINNING. 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MEARA£iVIAFNELASII E OSAV EIENLN{ UTIX sASTfTI M.CI THE NATEANNGTArLa!T OFCDF LOT FRO T) ui¢nv fkLJI111LGICa OR NLNs r i—, E/SEMNr 17 NO EET TOA MNIT, O 11iFKOF SAiD OGFD EAST LAID ¢IFUIeWW aw MG/Ild N luy rr ctms (Oit fl' 4FII9GEETiDA PdrdITE PHdYM®EAP VEC£ C W»16mmm1XMcf ON Nvn]I[4J[I'YEI LOT FAE(5)I O DIE POPOSW XIXOFANDFALYTVFESEJO F n B OWMX'e dun OYA IwmW d 11LOT F14£IS)KONC pR GSNO COE/SIVN ECFENDVL0.11Y ElR; IWi0111ner]]n1AAM.HJ WWIR G].69 IIE FOOOWING DEMPCS LY'J DLSINES:031IEPJWIT Fr; BURN Sh IdMa IS Ie YlingM. IMEGESAC\Oi AJElSEIHEVCF Egrr2e10E 1152 FEET T) TE POINTCP 9 EGN G" FX .V Bm Olanl lot. Ow sea 0 .4e00] eEgun lM aaa06D% G the des ua.d¢d11 m CURRENTORTH IN NW]RJE NGRTH POINT IC INS G2NERWD 1S NOT IC WT0.IZ EWAE'(flO< LFLAy HALIAD SEAS PR0PERWADDRESS MVIOAiW0 BY I GvEM FLO A5 OEIVO]NED GITV ON W1 R000 OATH' AS POMI CNCLE AIBLCHEO ON THE FAIEAEWLC, ARXNISASG IS SDE. FAYEIIEWSE, NVNSA5 B'1• A RECORD OVCNSION FROM TIC fl.Wl FLAT OFVORMPPNT5ILDMR%M, a. Gtc el ME RECORDS OF WA .uuGTO%Ca!ISY. AWFANSAR C10.CIT O.EAt5 OFF CE ATPIAT 60oc I I, PAIL TL 0 TO40 60 UTILITY POLE FIRE 4Y nIT SMTMY SEINER NANNIXC TELrFI L PLMSTN.. GAS WFTER a] IFE OKPNEAO E1fCTRF/CABLE IV awlm 0.AS LINE aim no[R-OPTIC BLPlm RLE➢HCME BWIED WATER LINE CCRTERLM Or ROAD B JNDARY LINE SEIBAC% LINE EASEMENT/POW Steve Fowler ➢RAIN MTL R Pof_.euJ A A•.__ ed W/16 /M TS L Vein 3E f¢rmHy]nn AR 22730 APPROVED ARTR (479) 0632O0 SCA l 3RR(T PROJECT N0. I- — 20' Fell 06045 N- r IONNIN� UTILITY APPROVAL FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 UTILITY COMPANY: City of Fayetteville Water & Sewer APPLICANT NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION: X 15' of a 50' Utility Easement Right-of-way for alley or streets and all utility casements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as: EASEMENT VACATION DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE 587°20'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE.OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE.LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; S26°08'27"W 106.64 FEET; S13°08'14"w 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28'19"E 1526 FEET TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Jr" Q -f -1S 11''x' J '�/tc noe oi7o f'3 ro f(4,. ±L Lc1<waj 20 doe U e.C SIX• �G.l gar �1�14 iJ OJ'�� IM� ust be % it 4 (2 °r 4Q T t_t flf lL °'r' �R uW�.,�pw,J - t.., s a (lci t. a cr i a SiYatiThiiTTty Company Representative �A L3qs4ttqSter l2v��UIL Title l a s s li iQ hI 4Yn �Brpg :Qp]a�] }iYv ^ a � wTf i0 py57i $® bbX Q £g}@ E� y Pill ig Is Zt. Y 'gag A�£§ �H s �� �RY{'P �� a�i $sY� $� �yay3 IfiIi S X�.�l Ham�€ q£{py `�O a I_.?₹$nx3 q[ - ` 7A$e 3e� Hag# fl�sse> ReY y GB [€ • E � `. _. _,-�\, `�eP°1 Inp �S r� • '`baaMrT •'.aA�R• ', . rJ4 J,j. BLI • \ Fn§8 B'9i`n ms'255 tig. fryr4y�+S„dtF f BB b. .•CPt, \\ e ti > }]µ����F6`"'•L��-JQ ,jek..-. ' m T k.� �RQ 26 gS• og A0 _ 4t \ / Ly.. .:♦ � ^o n `fd�$>le'si4��itlk�^g Sk'l€ `. BIt L.'B y•.. b`°> Yy y i�..� .3.`��� � �. F `? tittjiiiPliIhJ 58 4 n "• n.mpmt m� YSQn�yn ciunnn �.� '..Niwv w. 6 a n • y C , J --- H 'C) iic 2 �BA�<✓. 'mina' �ai '� iiiekO evo (o. n�id vmi`r'^� � p ^bn PoIRT CIRCLE '•\ off^YQ3S ��msc Q O f1Yu4 coi6Srt1 - _ { a £ Q n ^ Tj �'V e if J UTILITY APPROVAL FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 UTILITY COMPANY: City of Fayetteville Transportation Dew APPLICANT NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION: X 15' of a 50' Utility Easement Right—of-way for alley or streets and all utility easements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as: EASEMENT VACATION DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; 826°08'27'W 106.64 FEET; S13°08'14"W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE SB7°28'19"E 15.26 FEET TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State (on, dime] j2ns�and purpose below.) s7S-�zz7 POINT CIRCLC Ixurz, to-vm HUll g aa5ncg[ q"o G ; g2 i �/a pf ; �i7 € "� I Ec3i� a $� Q — N.Jos'I<E i#F� � V SIJ�/Iy �•w y� • gaai cg fi] I I N t � AQ 4' X42• L i � lC�+�L :�+h / I +uo % ELI r+4 I I - N ii eeanaoa.e C)- 1. ,M^m mm m m 020 C+MN NNy •� PI O�o�oOm mi " 5i tavnsm�� dvr. emc�Q�4 £�� wily Ski Y4 O a, piB F o z UTILITY APPROVAL FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 UTILITY COMPANY: City of Fayetteville Solid Waste Dept. APPLICANT NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION: X 15' of a 50' Utility Easement Right—of-way for alley or streets and all utility easements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as: EASEMENT VACATION DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; S26°08'27"W 106.64 FEET; S13°08'14"W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28'19"E 15.26 FEET TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: I No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: /'- Sigiiiure of Utility Co pany Representative C(� frrvt rvt� rc_as 4 Sots. &O&aft L o Title UTILITY APPROVAL. FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 UTILITY COMPANY: Ozarks Electric, attention Greg McGee APPLICANT NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION: X 15' of a 50'. Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as: FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PERTHE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK it, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT'THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14°E 43.61 FEET; N26°08'27'E 103.93 FEET; N33°48'09E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°4333°W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: 533°4809"W 53.13 FEET; S26°08'27"W 106.64 FEET; S13°0814W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°2819E 15.26 FEET TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described casements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Company Representative S ��L�nuQ Sk,f>eQ.t�;SB2. Title UTILITY APPROVAL FORM FOR RIGHT-OF-WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: July 17, 2006 UTILITY COMPANY: Arkansas Western Gas Company REQUESTED VACATION: ❑ Street Q Utility Easement ❑ Street and all the utility easements located within the vacated street • ❑ Right-of-way for alley or street ❑ Right-of-way for alley or streets and all utility easements located within the vacated right-of-way ❑ Alley ❑ Alley and all utility easements located within the vacated alley I have been notified of the petition to vacate the following Utility Easement (Please see list above) described as follows: Lot 5 North Point Subdivision. Release Eastern 15' of existing 50' easement. (Include legal description of what is being vacated) UTILITY COMPANY COMMENTS ❑ No objections to the vacations described above. Q No objections to the vacations described above, provided following described easements are retained. (State the location, dimensions, and purpose below) Retain 35' of current 50' easement. A Si Company Northwest Regional Manager Title UTILITY APPROVAL FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 , UTILITY COMPANY: AEP/SWEPCO, attention Kenny Sullivan APPLICANT NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION: X 15' of a 50' Utility Easement Right—of-way for alley or streets and all utility easements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as: EASEMENT VACATION DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°0814"E 43.61 FEET; N26°0827"E 103.93 FEET; N33°4809E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°4333"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; S26°08'27"W 106.64 FEET; S13°08'14"W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28'19"E 15.26 FEET TO THE POINT OF BEGINNING. UTIL COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: 44.14 41' 4303 Signature f Utility Company Representative Title UTILITY APPROVAL FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 UTILITY COMPANY: Cox Communications, attention Mike Moore APPLICANT NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION: X 15' of a 50' Utility Easement Right—of-way for alley or streets and all utility easements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as EASEMENT VACA77ON DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OFAN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PERTHE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK it, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATAN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14"E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09'E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33" W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°4809°W 5313 FEET; S26°08'27W 106.64 FEET; S13°o8'14"W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°28'19"E 15.26 FEET TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained- (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Si ature of Utility Co pang Representative Title S. UTILITY APPROVAL FORM FOR EASEMENT VACATIONS DATE: June 14, 2006 UTILITY COMPANY: SWBT. attention Sue Clouser APPLICANT. NAME: Monroe North Point, LLC APPLICANT PHONE: 501-680-3499 REQUESTED VACATION X 15' of a 50' Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right-of-way Alley Street right-of-way I have been notified of the petition to vacate the following easement, described as: EASEMENT VACATION DESCRIPTION FIFTEEN (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF AND RUNNING PARALLEL AND ADJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOOT WIDE UTILITY EASEMENT WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUBDIVISION, ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINTON COUNTY, ARKANSAS AT PLAT RECORD BOOK 11, PAGE 74, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST CORNER OF SAID LOT FIVE (5); THENCE S87°28'19"E 50.87 FEET ALONG THE SOUTH LINE OF SAID LOT FIVE (5) TO A POINT ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR THE TRUE POINT OF BEGINNING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) ALONG THE EAST LINE OF SAID EXISTING UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: N13°08'14E 43.61 FEET; N26°08'27"E 103.93 FEET; N33°48'09"E 42.58 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID LOT FIVE (5); THENCE LEAVING THE EAST LINE OF SAID EXISTING UTILITY EASEMENT ALONG THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) N23°43'33"W 17.78 FEET TO A POINT ON THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT; THENCE LEAVING THE NORTHEASTERLY LINE OF SAID LOT FIVE (5) ALONG THE PROPOSED EAST LINE OF SAID UTILITY EASEMENT THE FOLLOWING BEARINGS AND DISTANCES: S33°48'09"W 53.13 FEET; S26°0827"W 106.64 FEET; S13°0814W 48.13 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT FIVE (5); THENCE S87°2819E 15.26 FEET TO THE POINT OF BEGINNING. UTILITY COMPANY COMMENTS: X No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Note: Vacation of easement is not complete until the attached Concurrence has been recorded at the Washington County courthouse. Signature of Utility Company Representative Title: Mgr. Engr. 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V 1. x x -)1-. a i t e T (i'f • ♦g � <r '. yLAYj ... Si 6XS �° Y• yp °/ (, ' 'rl' r `r Yl LLa. 1yi � t %I �'y [ S1 I SF Y 'iJL♦'K J 1Y )• 1 v � t Y t d? y. a ` ... i` 4 t+M1 T+ Y eh 3a r r w r' : r _ Y. !is a agfi +:Pr �•tt r•xrFa c .4,:y M1 - f M1 I C Z h. r.. F •- r T Ir A. f . :a s, fi f ,r. p r, l Y 3 n '03 _ t. trr )t F ♦iy ..) •M1I �=y fll ' 1h ♦ r ; ..h rMr. : ..0 `Y J. t r. •t3; y3 Y'c r• f' Y h • a It $'- } f � •.y, r �r f }FY' ♦ � s Y �YY ee ^x}'te e[. t a WOODBURY MASTER DEVELOPMENT PLAN (R-PZD 06-2190) H2� ENGINEERING, INC. Owners: William & Ann Giese 4210 Taliesin Ln. Fayetteville, AR 72703 Greg & Frances Moldenhauer 2700 N. Loxley Ave. Fayetteville, AR 72703 Applicant / Developer: L1611 Holdings, LLC Mike Philip & Jeff Martin 2458 E. Joyce Blvd., Suite 8 Fayetteville, AR 72703 Representative: H2 Engineering 2758 Millennium Dr. Fayetteville, AR 72703 -- iun I!jsane fl'tr _ _it L flUflSWaJ,StiL -tom ThU II *frp N 4 4 a X11 •�,- � 1 i Summary Woodbury is planned to be more like a traditional, established community, composed of smaller housing groupings that each have unique architectural characteristics. What you will find in Woodbury are small, memorable places nestled within bigger, memorable places. Where welcoming parks, gardens and communal gathering, spots are artfully woven throughout the community. In the heart of it all is the Commons. This wonderful village centerpiece is the social gathering spot and central park. At Woodbury, walking is the preferred mode of transportation, and cars are just for getting in and out. Everything about Woodbury, from the tree -lined streets and the old fashion street lamps to the romantic outdoor fireplace in the park down the road says "let's go for.a walk." (See attached concept pictures.) Location and General Information Woodbury is a Residential PZD located in east Fayetteville on the east end;of Zion Road. We are proposing approximately 112 single family residential units on 11.66 acres. Approximately 67 units will be detached and will range in size from 1,200 SF to 1,780 SF. Approximately 45 units will be attached and will be approximately 1,260 SF. The property is currently zoned R -A, with RMF-24 zoning to the east and RSF-4 to the west. We feel that the proposed PZD is a perfect fit between these two zonings and provides a nice density transition.. General Project Concept • Street and Lot Layout — The street layout for Woodbury consists of a main north — south thoroughfare centered around a central pool / park area. Private 20' wide streets run off of this main road and provide access to shared rear alleys to groupings of residences. Residence groupings are laid out in such a way as to allow most residences to front into either a • shared courtyard area or a street. • Site Plan — See Master Development Plan Sheet • Buffer Areas — No buffer areas are proposed • Tree Preservation Areas — There are a few clusters of significant trees that are proposed to be preserved. The site has been planned as best possible to provide the desired density and to still preserve' some trees. Directional boring will be required for utilities in some areas in order to preserve as much existing tree canopy as possible. Directional Boring will allow utility companies (electric, phone, and cable) to simply bore their lines through the root systems of trees, hopefully preventing significant • damage to the roots, instead of trenching the lines through the root systems and cuffing all roots they encounter. • Storm Water Detention Areas and Drainage — Drainage flows onto the site • from the north. This water will be diverted into a storm pipe and directed • to the northeast comer of the site and into the existing storm sewer under • Zion. As allowed in the Fayetteville Drainage Manual Section 5.1, the 2• developer is proposing downstream improvements in lieu of on -site detention. Calculations for the downstream improvements are pending. • Undisturbed Natural Areas = There are a few small undisturbed areas around the perimeter of the site. These areas have been left undisturbed in order to prevent the disturbance of existing trees. • Existing and Proposed Utility Connections and .Extensions — An existing 10" sanitary sewer line is located on the south side of Zion Rd. and an existing 12" water line is located on the north side of Zion Rd. We propose connecting to each of these for service. We also propose to. connect the waterline to the existing 8" line which runs in the apartment community to our east. • Development and Architectural Design Standards — What makes a community classic? It is as much about the way it feels as the way it looks. Most of us feel a certain nostalgic pull toward a time when life was • simpler, and home was a place that enhanced the bond with both our families and the communities in which we lived. Woodbury was designed to remind us of those times. But it also has a completely new sense of place. One that is fresh and inventive while building on things we love most about the past. At Woodbury, you have the feeling that everything connects, fits, makes sense. Nature, Home, Parks, and communal spaces comfortably coexist. We accomplish this quaint community by offering a variety of architectural styles. Welcoming front porches complimented with western craftsman, coastal cottage, and traditional influences will create Woodbury life. Exteriors will feature antique brick ,and stone with stucco, lap and shingle siding accents along with • composite low pitch rooflines. Exterior millwork, shutters, and an occasional window flower box will detail the elevations to authenticate the architecture • Building Elevations — Building Elevations are included in Appendix "A" and "B" with concept photos for the clubhouse area included in Appendix "C." Proposed Development Phasing and Time Frame This project consists of 2 construction phases — roads / infrastructure and homes. The roads and infrastructure are anticipated to be constructed in approximately 8 months. Residences will be constructed in groupings as the market demands. Full build -out of the residences is anticipated to occur within 3 years of completion of the roads and infrastructure. This zoning approval is intended to allow street and infrastructure construction anytime within 1 year of approval and home construction within 5 years of approval. Proposed Planning Areas with Proposed Zoning and Development Standards Woodbury will consist of 3 planning areas. Planning Area I will consist of single family detached units, Planning Area II will consist of multi -family attached structures containing a maximum of 12 units per structure, and Planning Area III 3 will consist of "The Commons," containing a clubhouse, pool, outdoor living areas, and park area. PLANNING AREA I PERMITTED USES UNIT DESCRIPTION. UNIT 1 CITY-WIDE USES BY RIGHT UNIT 8 SINGLE FAMILY DWELLING CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT UNIT 24 HOME OCCUPATIONS LAND. USE DENSITY/ INTENSITY TOTAL PLANNING AREA SIZE: 7.92 ACRES TOTAL NUMBER.OF RESIDENTIAL UNITS: 67 NON-RESIDENTIAL SQUARE FEET: NOT APPLICABLE RESIDENTIAL DENSITY: 8.5 UNITS PER ACRE BULK AND AREA REGULATIONS • AREA REGULATIONS LOT WIDTH MINIMUM: 32 FT LOT AREA MINIMUM: 1,200 SF LAND AREA PER DWELLING: 3,096 SF SETBACK REQUIREMENTS FRONT-WOODBURY DRIVE: FRONT -PRIVATE DRIVES: SIDE -PROPERTY LINE: MIN. BETWEEN BUILDINGS: 10 FT from R/W (Back of Curb) 15 FT from Access Easement 8FT 6 FT HEIGHT Structures in this Planning Area are limited to a building height of 35 feet as measured from the lowest point of the structure at the historic grade. The height of.a proposed structure may only be increased above 35 feet by obtaining a variance after hearing by the Planning Commission. BUILDING AREA MAXIMUM: 60% G! SITE PLANNING LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways as indicated on the landscape plan. PARKING Parking in this Planning Area will be mainly occur in garages in the individual units. The Woodbury covenants are very specific that garages are to be used for, parking vehicles, not for storage. On -street parking is allowed on the 1 -way portions of Woodbury Drive surrounding The Commons. All 2 and 3 bedroom units have a 2 -car garage which satisfies the parking requirements for those units. There are only 6 single bedroom units in the development and these have only a 1 -car garage. Excess parking requirements for these units will be satisfied by the on -street parking allowed on Woodbury Drive. ARCHITECTURAL DESIGN STANDARDS Structures shall be built using brick, stone, and stucco with lap and shingle siding, consistent with the building elevations included in the project booklet. PLANNING AREA 2 PERMITTED USES UNIT DESCRIPTION UNIT 1 CITY-WIDE USES BY RIGHT UNIT 26 MULTI -FAMILY DWELLINGS CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT UNIT 12 OFFICES, STUDIOS, AND RELATED SERVICES UNIT 13 EATING PLACES UNIT 15 NEIGHBORHOOD SHOPPING GOODS UNIT 16 SHOPPING GOODS UNIT 24 HOME OCCUPATIONS LAND USE DENSITY / INTENSITY TOTAL PLANNING AREA SIZE: 2.62 ACRES TOTAL NUMBER OF RESIDENTIAL UNITS: 45 NON-RESIDENTIAL SQUARE FEET: NOT APPLICABLE RESIDENTIAL DENSITY: 17.2 UNITS PER ACRE Fy BULK AND AREA REGULATIONS AREA REGULATIONS LOT WIDTH MINIMUM: 18 FT LOT AREA MINIMUM: 1,100 SF LAND AREA PER BUILDING UNIT: 2,536 SF USE MAXIMUMS A MAXIMUM OF 20,000 SF OF THIS PLANNING AREA MAY BE UTILIZED FOR CONDITIONAL USE UNITS 12, 13, 15, AND 16. SETBACK REQUIREMENTS FRONT -ZION: FRONT-WOODBURY DRIVE: FRONT -PRIVATE DRIVES: SIDE -PROPERTY LINE: MIN. BETWEEN BUILDINGS: 10 FT 10 FT from. R/W (Back of Curb) 15 FT from. Access Easement 10 FT 6FT HEIGHT Structures in this Planning Area are limited to a building height of 45 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 45 feet by obtaining a'variance after hearing by the Planning Commission. BUILDING AREA MAXIMUM: 65% SITE PLANNING. LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways as indicated on the landscape plan. PARKING Parking in this Planning Area will occur in garages in the individual units. The Woodbury covenants are very specific that garages are to be used for parking vehicles, not for storage. All units in this Planning Area are 2 bedroom units and will have a 2 -car garage to match the number of bedrooms in the unit. This satisfies the parking requirements for those units. ARCHITECTURAL DESIGN STANDARDS Structures shall be built using brick, stone, and.stucco with lap and shingle siding, consistent with the building elevations included in the project booklet. r.' PLANNING AREA 3 PERMITTED USES UNIT DESCRIPTION UNIT 1 CITY-WIDE USES BY RIGHT UNIT 4 CULTURAL & RECREATIONAL FACILITIES CONDITIONAL USES UNIT DESCRIPTION UNIT 2 CITY-WIDE USES BY CONDITIONAL USE PERMIT LAND USE DENSITY I INTENSITY TOTAL PLANNING AREA SIZE: 1.12 ACRES TOTAL NUMBER OF UNITS: 0 NON-RESIDENTIAL SQUARE FEET: 3,000 SF INTENSITY: 2,679 SF PER ACRE BULK AND AREA REGULATIONS • AREA REGULATIONS BUILDING WIDTH MINIMUM: 35 FT BUILDING AREA MINIMUM: 1,500 SF LAND AREA PER DWELLING UNIT: NOT APPLICABLE SETBACK REQUIREMENTS WOODBURY DRIVE: 10 FT from R/W (Back of Curb) HEIGHT Structures in this Planning Area are limited to a building height of 35 feet as measured from the lowest point of the structure at the historic grade. The height of a proposed structure may only be increased above 35 feet by obtaining a variance after hearing by the Planning Commission. BUILDING AREA MAXIMUM:, 45% SITE PLANNING LANDSCAPING A Landscape Tree shall be planted every 30 feet of public and private street frontage, and along the pedestrian walkways.as indicated on.the landscape plan. PARKING Parking in this Planning Area will occur in the parking area in front of the clubhouse and on Woodbury.Drive. On -street parking is allowed on the 1 - way portions of Woodbury Drive surrounding The Commons. As a maximum 3,000 SF building, 12 spaces are required (1 per 250 SF). We have 9 spaces in front of the club house and the remaining parking requirements will be satisfied by the on -street parking allowed on Woodbury Drive. ARCHITECTURAL DESIGN STANDARDS Structures shall be built using brick, stone, and stucco with lap and shingle siding, consistent with the building elevations included in the project booklet. Analysis of the Site Characteristics No environmentally hazardous, sensitive, or natural resource areas have been found on this site. Recreational Facilities Lake Fayetteville Park is located % mile north of the project. Veterans Park is located.1 mile west of the project. A swimming pool and clubhouse are proposed for this project to serve as on -site recreational facilities. Reason for Zoning Change Request A request for a zoning change is being made on this piece of property because the property cannot be developed under the current R -A Zoning. In order to accomplish the desired community feel for this property, an R-PZD is appropriate to allow the developer to produce a community like this. We also feel that the proposed R-PZD nicely transitions from RSF-4 to RMF-24 of the adjacent properties. • • • • Comparison of the Proposed Master Development Plan to the Current • Zoning District Requirements • Description Current Zoning (R -A) Requirements Proposed Zoning (R-PZD) Requirements • Use Unit 1- ' -Wide Usesby Right Use Unit 1- ' -Wide Uses byRiglit • Use Unit 3 -Public Protection and Utility Fac. Use Unit 4 -Cultural & Recreational Facilities • Permitted Uses Units Allowed Use Unit 6- Agriculture Use Unit 8 - Single -Family Dwelin • Use Unit 7 -Animal Husbandry Use Unit 26 -Mull-Family Dwellings Use Unit 8 -Sin 8 -Single -Family Dwellings • Use Unit 9- Two -Family Dwellin • Use Unit 37 - Manufactured Homes • Use Unit 2 - City -Wide Uses by Cond. Use Permit Use Unit 2 - City -Wide Uses by Cond. Use Permit • Use Unit 4 - Cultural & Recreational Facilities Use Unit 12 - Offices, Studios, & Related Services • Conditional Uses Use Unit 20- Commercial recreation, large sites Use Unit 13 - Eating Places Use Unit 24 - Home ton Use Unit 15 - Nei hbortrood Sho i Services • Use Unit 36- Wireless Communication Facilities Use Unit 16 - Shopping Goods • Use Unit 24- Home Occupation Front Setback Zion Rd. 35 Feet 10 Feet • Front Setback oodb Dr. NIA 10 Feet S Front Setback Private Drives N/A 15 Feet Side Setbacks 20 Feet 8 Feet • Rear Setback 35 Feet 8 Feet • MaximumHeight ht None 45 Feet Dens' - Units Acre 0.5 9.7(max) • Lot 1 Buildin Area Minimum 2 Acres 1,200 SF • Lot I Building Width Minimum 200 Feet 32 Feet • Laridkeaperflwelling Unit 2 Acres 4,511 SF(miri) • • Relationship to the Existing and Adjacent Land Uses • The property is bounded on the east with RMF-24 zoning, on the south by R -A • zoning, on the west by RSF-4 zoning, and on the north across Zion by a similar R-PZD. This PZD is a great transition between these zonings in that it provides a • density level in between the properties to the east and west and is similar to the • development to the north. The property to the south is currently undeveloped. • The traffic study conducted by Carter & Burgess concluded that traffic from this • development would not adversely affect the intersections along Zion Road at Old Missouri Road, Lantana Lane (future), Randall Place, and Crossover. The Level • of Service (LOS) at each intersection it at LOS D or better. • By providing two to three story multi family residential units fronting on Zion Rd. • and not impacting the existing trees in the right-of-way, this development will • provide a nice transition driving along Zion as the developments move from Single Family residential to Woodbury PZD to apartment complex to Commercial • area. • • • 9 • • Signage on this project will be smaller area signs which should blend in well with existing signage along this stretch of Zion Rd. Compliance with Fayetteville General Plan 2020 The design of Woodbury is in compliance with the Fayetteville General Plan 2020. Woodbury creates a sense of place and connectivity within the neighborhood and community. It utilizes community design to relate natural and built environments. It provides affordable housing for first time homebuyers. It also encourages transportation efficiency by promoting walking as opposed to driving. The many sidewalks and outdoor common areas within the community encourage residents to walk through the community. Woodbury is also located in an area where people can easily walk to the Fayetteville Athletic Club, to a commercial area just to the east, or even to Lake Fayetteville Park. Traffic Study The traffic study conducted by Carter & Burgess concluded that traffic from this development would not adversely affect the intersections along Zion Road at Old Missouri Road, Lantana Lane (future), Randall Place, and Crossover. The Level of Service (LOS) at each intersection it at LOS D or better. Impacts on. City Services There are no significant impacts to city services associated with this project. Statement of Commitments • Dedication and On or Off -site Improvements An additional 15' of Right -of -Way is being dedicated along Zion Rd., going from a 20' Right -of -Way from centerline to a 35' Right -of: Way from Centerline. This accommodates a 70' Right -of -Way on Zion,as required for Collector streets as indicated by the Master Street Plan. The developer will also construct curb and gutter along the south side of Zion Rd. for the length of their property's frontage on Zion Rd. (approximately 690 LF).. The, developer is proposing to make downstream drainage improvements in lieu of on -site detention. Natural Resources and Environmental Sensitive Areas There are no known natural resources or environmentally sensitive areas on this site. Project. Phasing Restrictions The phases and estimated completion dates have been established as presented previously herein the master plan for the project. As phasing has been identified, described and approved as part of the PZD master. development plan, process phasing may vary from the requirements of Chapter 166 of the UDC with regard to expiration of permits and plans. 10 Fire Protection Woodbury will be served by the Fayetteville Fire Department. Station 4 is located approximately 2.5 miles away from Woodbury. A new Fire Station is proposed at Routh Park 2 miles to the south of Woodbury on Highway 265. Other Commitments Imposed by the City There are currently no other commitments imposed by the City. Parks, Trails and Open Space Commitments Tree preservation and protection will be implemented in accordance with the City of Fayetteville code of Ordinances Title XV Unified Development Code: Chapter 167 Tree Preservation & Protection. Landscaping within Woodbury will be designed in accordance to the City of Fayetteville Landscape Manual which sets forth the standards and specifications for Tree Preservation, Protection and Landscaping. Building Elevations Building Elevations are included in Appendix "A" and "B" with concept photos for the clubhouse area included in Appendix "C." Development Standards, Conditions and Review Guidelines _ Screening and Landscaping The screening and landscaping will be provided as set forth. in Section 166.10 Buffer Strips and Screening. Traffic and Circulation Design of the traffic and circulation on the project will be in .accordance with Section 166 of the Unified Development Code. One entrance is proposed along Zion Rd. Woodbury will connect to the exiting parking area of the apartment development to the east. Woodbury will also construct the main north — south street completely to the south property line in order to provide for possible future connectivity to a development to the south. Parking Standards Parking lots will be designed and constructed in accordance with the standards found in Section 172 of the Unified Development Code. Perimeter Treatment No perimeter treatment other than what is currently in place from adjoining properties is planned. Sidewalks Sidewalks will be designed and constructed in accordance with the Master Street Plan and Section 171 of the Unified Development Code.. 11 Street Lights Street lights will be designed and constructed in accordance with the Unified Development Code. Water Water lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. We propose to.connect to an existing 12" water line on the north side of Zion Rd. Sewer Sewer lines will be designed and constructed in accordance with the City of Fayetteville Water and Sewer Specifications. We propose to connect to an existing 10" sewer line on the south side of Zion Rd. Streets and Drainage' Streets and drainage will be designed and constructed in accordance with the Unified Development Code and the Master Street Plan. Construction of Non -Residential Facilities The clubhouse, pool, •and gathering area in Planning Area 3 (The Commons) will be constructed with the development's infrastructure. Sidewalks will be constructed throughout the community as the separate "pods" of homes are constructed. A storage structure will also be constructed for POA maintenance equipment storage. Tree Preservation Tree preservation and protection will be implemented in accordance with Section 167 of the Unified Development Code. Architectural Design Standards Welcoming front porches complimented with western craftsman, coastal cottage, and traditional influences will create Woodbury life. Exteriors will feature antique brick and stone with stucco, lap and shingle siding accents along with composite low pitch rooflines. Exterior millwork, shutters, and an occasional window flower box will detail the elevations to authenticate the architecture. Building Elevations are included in Appendix "A" and "B" with concept photos for the clubhouse area included in Appendix "C." Signage Area signs are planned on each side of the entrance on Zion Rd. and will be designed and constructed in accordance with criteria set forth in Chapter 174.8 of the Unified Development Code. View Protection There is an existing wood fence along the east property line which will serve as view protection. There are some existing fences along the west 12. boundary which will serve as view protection for those homes with existing fences. No additional view protection is proposed. Revocations The developer understands causes for revocation and will take all measures necessary to avoid revocation. Covenants, Trusts, and Homeowner Associations A draft of the covenants and restrictions is attached. Intent / Purpose of PZD Ordinance The PZD Ordinance provides this project. the ability to create a unique community with neighborhood feel while providing an opportunity for attainable housing. The higher residential density for this project provides adequate transition between an apartment complex to the east and lower density residential to the west. Utilizing the PZD ordinance for Woodbury also allows for a community that is very unique to Fayetteville. 13 APPENDIX "A" SINGLE FAMILY ELEVATIONS 14. C O W 0 O U d 0 C) Cu Cu LL U) Ct U 0 Y G U U N n 0 O c 0 w a Ct O U a) 0 v d t Ct m 0 E m Li - C) C Co as as U U) C C. u I c 0 Ct a) 0 a d L td I- C Cc td LL 4) Of C_ U) N U N C O APPENDIX "B" MULTI -FAMILY. TOWNHOME. 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'FYTENT [eO251BFC IREVEOCAATE N WILL BE LES.APUSHED AS SOON LAS r ;ASIOJiollwln Thai 'VRACIMABIZ,YTCR ICONSTROCRON (ACT/MEIHAVE IBELN COMPLETED. 'rc>ANAdIb (AR [72703 l(A)9):MS 9595 (CONTRACTOR SHALL FUSE (BMfWA ADEYCRT PRICTKf5 TO WAJROL ICROSIWI Il, 'AND LSEDJYCNTATION. �EROSICN iCONAROL'MEASURES IIDCNIIPIEO'ON (MI5 PUN J 1'a " SWALI NOT [DL ICONSIRUED fl Igy{L IOE5ION, OUT iNAMLR :' GENERAL l IDL]LE REP,RESEI.'IAllOS lOE.I]NEIEXKCIFO [MEASORC51ANOILOCAION. &15 ICrvp 'A (]retina IYo4vnlrv,✓ �ANIICIPAICO,DYT ISILl(FENCE FANS IS]NAW'BALLS IIE L.D IACCaIYoS 1C' MC ,2700) N. ILiliy,A,i. {LPoSgM (CONLROL IRCOUIRCMENR: F0AiH. IM 'AR 72 704 ._, '-, rPROBLCY +A 'gAN FOR SPRAYING • I 110 •1 II 1121 L3 1 J. Iri1 :?7 Etb -I - 1 rN11j rJ I. la' ID ' 19: u 00rpa.C _ AL 611 •HofElnQv, ILLC r'Y/R, ?Flllp R 1.0 SorN, 2456 riff Joys Bhd. Sob B Po iNiiDY. AR 72703 (479) 5T-3350 LWATEP(ON 1MEAWILY IIRA REIN FDIRT :AREAS .SMALL 19Z(ADDRESSED. iI !SOIIS;ENGINE RING n5NM_NAS INOY:R[CN:P[RNRNFO SON IN15sar, SIF 'MAY .BE'RFOUIRED IDY ONE 'CITY 'EN01MEER'IF :CONDIDONS SO WARRANT. 'SLRVFY:OrSCRIPIION. W rono PER TE M ' THIS f)I0If v -INII LOCATED IN THE 'M ;YGP MOOD RA/N AS PEP (IRY'�OSrAJCD10i[ pAlCO JIM 21, 199$. •. 'L (E•t 1Ejf JO 'ACREACE:IiiGs r9144 II 21 '. IS (FOUND JFOM IWN iCVRIRRCNT' N -A ''� S ®• 22 l f 155 10 5 (IRON IP/N IRROPO$COa,WODDRURI' [R #Z0 'k\ 1111 POWER (LINES Ivl rV£Rt .f. (¶1 'M ASIA LWVERED Inn(RINWNOi J'ANO f51MrACCO (ARCS I OWTP'1nE INDIES. 1 w i —i = IEFMC[ MINE •1:) IEASEMEjITS (SHAM (BC 1&b,CA I12W) 'SHALL OF lEAmlrm ED CL ERECOIIDADON'. •I I.1 t ?]J) ALL ULCTRIC IL�lm6 (UNOEA pYEN)'MADC tA'ACED CURUCREDROVNO: RI y r' ._ c _ IV— {MA1CR IuNr . v r z3 •i.) [INST THE 1 FORWALK;A:g THESNIWAD'AD.ILLEB000RRd14lFD 27 ^ '(IlO r --—�t�'I�IR/W W/IN'MC (ORBAA•�EOKSTEAAND THE SIDLWSU';ADMINISTRIlOR. .I '{ L(NlERJNC • - 2M1 •:t' _- •PROPERTY u 2b :FINE NIDPAHf 1 SIM FIRM I11CMT UTlr' 25 1 T rSANRARY,SEWM YANND _.� EW a4NQPY PHIC IG`CALE 1Y ,` " L (rrn6Arltll lJBEn to 'LID j4_ rREOU1RED SLRrE] l J V( FEW r¢7 0 inch r-(@0 In i•\•11111111\� .b- (OF :'4 tf.. r-h`f ENGINFERINGI v'�c sa! IN L FILORA''7iE'D �L. IA1Or$ uN •' ••,• aRrk!a6 Jr PMm E 6) Wnm1O Sue t':60 J 'al WION!RP.DS6TSO T I 19 —3 11 5O� Ir� —PAU :PA0C5. _ 3 M 5 :pPRFJ[{1 HJVffiF if ENOINEERINGI INC. (2J5a NNi111 U ni NIuM LORI >r 9u rin ,l II-, llxl VIPI'Ii'HC NSAS.Z9]OI lvliIONr (Fd29) 582 N1y� Irr c ..h7,9) .:&o2:?r %I A E L Q P Ef rr r TREE PRF'SFRVAYION CAI tUJATONc 8® Y -M . i. . erg I °""E I WC IRA,IOI ('M$ ' O11GL ROOT T&I w 1s A. MPROTECTION PROTEC ROTES FOR TREE AND NARRAL AREA PROTECTION IS SHOWW ON THIS PLAN TO BE PRESERVED SHALL BE N MM TEMPORARY FENCING. ERECTED ACCORDING TO CITY OF FAYETTENLLE N. INSTALLED PRIOR TD THE START OF MY SITE RE MAINTAINED THROUGHOUT ALL PHASES OF ME A. SOIL COMPACTION W THE ROOT ZONE AREA RESULTING FROM VEHICULAR TRAFFIC OR STORAGE OF EQUIPMENT. B. ROOT ZONE WSNRBANL'LS WE TO GRADE CHANGES (GREATER THAN 6') OR TRLNCNMG NOT RMflWED BY CITY ARBORS). C. WOUNDS TO EXPOSED ROOTS. )RANK OP UMBS BY MECHANICAL EQUIPMENT. 0. OTHER ACTIVRIES DETRIMENTAL TO TREES SUCH AS CHEMICAL STORAGE. CEMENT TRUCK aEANING, & FTRLS. 6. EXCEPTIONS ID INSTALLING FENCES AT TREE OPWUNES MAY BE PERMTTED IN ME FOLIMINO CASES: A. WHERE THERE S TO BE AN AEFl GRADE CHANGE. IMPERMEABLE PA WHO SJRFACE TREE WELL OR OMER SUCH SITE DEVLTOPMENT. & MNLRC PERMEABLE PANHG IS TO SE INSTALLED WIRIM A TREE DRIPLINF ERECT ME FENCE AT ME OUTER OMITS OF THE PERMEABLE PAVING AREA (PRIOR TO SITE GRADING SO THAT MS AREA S GRADED SEPARATELY PRIOR TO PAYING INSTALLATION TO MINIMIZE ROOT DAMAGE) C. WHERE TREES ARE CLOSE TO PROMISED BUIIDIHGS, ERECT ME FENCE TO ALLOW 6 TO 10 FEET OF WORK SPACE BETWQN THE FENCE AND ME BENDING. 0. WHERE MERE ARE SEVERE SPACE CONSTRAINS DUE TO TRACT SIZE. OR OTHER SPECIAL REQUIREMENTS. T. WHERE ANY OF ME ABOVE EXCEPTIONS RESULT IN A FENCE BEING CLOSER MEN I FEET TO A FREE TRUNK, PROTECT ME DRUNK WITH STRAPPED ON PLANKING TO A HEIGHT OF a FEET (OR LOUIS OF LOWER BRANCHING) IN ADDITION TO ME REDUCED FENCING ➢ROVIDED. B. TREES APPROYED FOR REMOVAL SHALL BE REMOVED IN A MANNER WHICH DOES NOT IMPACT TREES TO BE PRESERVED. S. ANY ROOTS EXPOSED BY CONSTRUCTION ACTIVITY SHALL BE PRUNED allSH MAIM ME SOIL SACKFUL ROOT AREAS AIM GOOD QUALITY FOP SOIL AS SOON AS POSSIBLE. IF EXPOSED ROOT AREAS AREA NOT BACKFILLED WITHIN 2 DAYS, COVER THEM WITH ORGANIC MREROL IN A MANNER MHTN REDUCES SOIL TEMPERATURE AND MINIMIZES WATER LOSS DUE TO EVAPORATION. 10. ANY TRENCHING REQUIRED FOR THE INSTAWMIH OF LANDSCAPE IRRIGARON SHALL RE PLACED AS FAR FROM EXISTING TREE TRUNK AS POSSIBLE. if. NO LANDSCAPE TOPSOIL DRESSING GREATER MAN A INCHES SHALL BE PERMITTED WITHIN THE DRIPLINE OF TREES NO SOIL IS PERMITTED ON ME ROT EURE OF ANY TREE. 12. PRUNING TO PROVIDE CLEARANCE FOR SIREICWRES, VEHICULAR TRAFFK, AND ITHE ALPO MAYA OR IF � ;, , I _RNp.B�, IM Etl .mv®�ii%�Mm`a 1 _1 �{ mN1411 �I®� td AID WINs� � __.�_ ' I. vWle PAID Wa 5 .... �e11 flp��01tiiY,E�,,�i IW i.1 /RR•1 't It 1J.Y, R ':( tt• •. ``vv�� 1, i'a 1 LMJ.•'ir—`1 Tom' I 11 R•��f11 1 V . i IF!] n r't i i[ �I — X1011 FOOD , i L i 57.0 B F (y NN„ i R,o }1 A 1il oa 111 Ir i9 I 2 roll �Js V of in lit)' Map TOY [HEM Will Y, 9¢ 2756 IYIIHnnlum Oil. Sill# [I Poyillwllb, (AR nm, (I)0) �263 -Q556 'It EDESCRIFIVON WIAbm (C. (6 Mar IY. (Dl, -4210 renal, IGn.. ;rciIla I..:AR [Z2ZOS .({)B) t3 -9S95 ,1700 A r1700 IL taad.rr (4")-52* Y rlmi I, I.I,, Wry.. ['UL SPIN is F._.5_S. IA InAI JA>I)+571-SIY •FLOOO'NORC: ENIS:PROPERTY NOT LOCATED IN.OlE '00 YEAR'FL00D PLAIN • -:AS PER TRY (051ASCOI01F DATED JVLY 51.:1999. A,:R is II.5 �(ZONIMO: fIeLO . i ICIJRRCNI: IP-A ' JrJ 1 I fPROPOSEO: ,NOJORIRt'R-PZO 1 lb' 1 1 / - -' - 1nlnr[owmh ,bS:COVERED IRY IRNIlDIM65 NAND,SIJRrACEO IARG •NLILYif L I ; . '- '' fL 1' ' -rtN 10 INDIES I:, fff 1 1) iGSfMENTSl[E[ECT (SHALL 'Br I En iNJ 1181' 18119 J I' r'j- - i2: T� I'UNDEED !iALL(i' LA'P!A(RERGOUND JlOVND(LPoN IPM 2) All iEIECIP/C {(UNOEF 12YY) SHALL IRE iLYCiD'.COlJ1DINIUNO. 'COORDMITED •F (or.siI6 i!) 'INJIAL(ATpN(Or:SIIXM' 10 Ria140 S$ DEWAAD'JIMIWIS AHO THE SUDMAIC PRESSIRA•OS 'JEI iIIION[%N Ra'TThU'IS i(Nr IVRRANiP!• - _ y OHF •;4) ('S'TNE iINTENY br 1TNE DrN:RQAa TO TRY TO PRisnii MUCH W :P.OWER i.JNES EX'STIML GMOPY IN_(N( TON ROAD RTWIPA-PJS5'IRIE. NEW ;ZTREES ION ARE NOr JHOWY EV(RY ]D•&, )N-:ANTIDIPA:XIN or PRCS(RVADIN Of _ -- n IN:iot R/IY_NNOIYFYER: µ MF :PO*ER... EY*T15 OT A LO ER6.GNOP,Y a/11 4r NOT ARTS r0'RE PRESLAY(D, Mr OEYElO°FA WILL _ _ — _ _ —� -N =-v EMANT RVAL Ai JD' IN(EAVA(5 %5 — FENCE l%NE LINp5GPIN! :THE THE Z.tlM Adpau, I ' —: — CITY A [ :V— WATER JXE DIRECIEL RI THE lC1,•Y or fATETTEN:, , li• Y21 .J AM IPIANTINGS'OLCUR, i 5N.1LLff AYCNDEL'AND (J.) (SOIL 4LL b 'AMENDED y 0 22 _ __S00REYOYCO. SOD[RMOVEDGPF Vie IR/YI I6!1 'YVLCNINL(R REDUIRCO I'.M'IVNO(NEW:TREES. - III I _ - li NTCRI)C All! ^'I rT WL 1 11i ICE \.:7 �— LERO!ERTV [Ur f, e �E rrWC IH1DRAllT . W u�' .'--- ;', 2j 1 L; II 1 ti le _SAx'TARY(SEMZR 011 ., J •MANHOLE 1' 'I lli . n. _ I_ v RI . -.... Cll.'.GNOPY 26 �S LINIWTRN ?k r. " ,. •' _ 2X ]'.CAL. VMN �.I��: MAPLE 16IA2( YA%E 11 I,. // 'REWIRE-IG-"LwPE iRLC5 y,/ '2S IJ9' 2' zr I� I [MAVNYN IBIAZC IYA%C I✓ - - ICRAPIHIC 'SALE 1@ I 1 - 1 II:mlwe THE 9 t(WC(O Eo- X60 [IL iiil1101.,, F (4 y7.,, L c: Fit p,:,,t IENGINEE'n, INGi n'� i I,INCORP.ORA'ED:o'-' v• No. 1105 Ge46] -rJNI {�� Dm �W Hgzanil5ple '50 iWllgl$IIIEL 3 0 k IILJ_YDE Ret'�e_ GA MIitr 9°ID 0€ ? Arw -l3 i lT� -'l ` �IV O r, 1 I� FAff _ °AGIS .4 cI5 _!Q darn NUMN malt �r _ 1 X12 ENOINEERING,ONC 3 ]'v81N 1 1 11 I l.N N I I I M (r] S I I I Sulio' [hvl (1Y110'L IAHIy.NYL 727,0? 'rrx (-n Ss)•be,: s'9 U 2 1 I IFnf _ E aswm 1 6 a '� of , it rr g I 3 .y,' / < r p:ni I JT' 43 /I 9 6z ' d4iomm 66M 74 1' I __ iii uer r . 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AR 7270.1 65359 FEE] TO A FOUND RAILROAD VOTE SET IN CONCRETE A•' MC (4]9) w-9595 'SOUrN[AST LORNCR w;USONIA TERRACE AOOmQN TO THE tIn OF nYLTLNLLL THENCE ALONG SAID SUBDIVISION LIT YISION LINE NJI Lbw 225-5! rrrl IO ME POOR w aONG NG AND RUNNING MCMCF MN], I6• It O s frvnsa YelEenMwT 'fl OF 59G6t RR TO MCIBCWNMNC .w F NO* TAHGL4ML CURVE. SAID �CVRK'NRMMS TO TNr[RIGHT 'M.PoUGH AN ANLIL OF'IT N (51 6- JNAVIM -G N IbAlry'An. (AIR. U5 JOF ]]A]B [?CG. -AND WHOSE LONG CHORD 'GRS'N (Bi i0!• 4' _ FoyeI!et . AR _Tl]0] C [FOR A IOLSTANCE OrI22r42 [FFEF TO IA PoIMIw INTIXSCLTION (wW'IN IA I(47 ) '521-6574 [NON -TANLCNML MIME. [THENCE IM 189' 153''32 IL w .]]OI IFrrT ITC 4 _ Rr/LM, MFNCL ILFAnM4'SAID 'MCNl i w WAY �s jpl ( s• [N (OS IW 1866.33 iFEET ITO IA IM IB6' 39 [orLIPUND[w,s/B 3 ( 1528/NCH IRCHIR M[II Blrpe.KrT TO4 (WIC [IRON pm fiMENCC NIOl [II 11 M' I33S6U w [IRO . 50 'iHENLC MI reMa PMIb I 'VIII Morlln TO A (FIX1MD�]% RCBAR N IB6' AL Ili' iW 139].3] rl[FI }]AY (fml IIB1�-6. 243 BEGINNING ICOXTAZION'UI166AND,is YORE LO 'LESS. {TO TONING 10 LT `S4XA B JECrPWNi!CI LO (RIW/T (OF NAY (ALw1G (ZION iROAp 'AND ANYIOrNER (MGM (OR IFv IARI]]]G! LSVBJCCH I=ATEA?S For REGAING )1.81e pis IS]I JJ5➢ ruGoD'/ioD[r: ITMIS PIMIPCRTY /XOT'lI'ARL IINjINC 100 'WAR IFL000 IPIAIN AS [PER ITIRM I/WIIJCOIOIE (DATED (AULY 121. 11999. .. Ii fE IN fD '11.66 ,'G �. 44C AGE: W IEOJNO lRON %F ZPVING: •CURRENT R -A 0 ;SIT IRON PIN ;PROPOSCO. WOODBUPY Y-PID 'POWER ;T AXES SITESITE wylr _ cc •PoWOi P%LS .'.b% COYLRED BY BUILDINGS AND SURFACED ARLA =N -„ —, rENcE cNE !'DICSs •r,1) irASEMUnS ISNALL BE OEWCArtx THROUGH 'CASEMENT 'PLAY IRrCBRMDO, _;— — 1A [WATER IJN[ 2] ) Al: if.CIME IUTNrIL5 (UNDER '12 !SNNUE IOL #iACEO UNDERGROUND (3.) IWSTAWnon OF SIP!WAIKS ALON..ZION ROAD ISMALL 1St [COORDINATED /r IR/IY [WINE ITHE (URBAN'FORCS'LIR AND [flit (SIDEWAUI ANDISDRATOP • 11 j) 9r [15 THE (INpWT OF [THE RENTIO ER TO TAT TO IPRESERw AS :MUCH {— ICEMI[RL/NE LNG iGMOPY TIN THE [TON (RAC [R/WASL'As ,Ss,ez, INL19 fTREL5 (ARE [NOT [SHOWN RYLRY L30 [FEET I W ,AMICIPATWN TOP [PRUEWARPN [OF i)ROPCRT' (IINC [EXISTING iGNCPY TIN IMF IR/W IIF, 'HOWEVER. I EXISTING L"NwY IN [ME 1E [R%W 115 INOE(ABL1 iT11 IRE IP,RFSERMCD IML IOLVLLO°ER Will [PLANT IFME INYORAMl IANOS'IMNL FREES'ALONG [THE IZWN'HOAD IR/w AT 30'_IMrrnVAL5,A5 3 5l AYR I� , DIRECTS [BY' TM (CITY :Or InvrrrrwaL TURBAN ACORE P ;L) [WHERE LANDSCAPE 2PLAXTMB IDCNR„SUR SNALL IBC IAYEHOEV AND l4' SAWTARt SEATS rsOO iROIOVFD (SI) IIILCOWING. S iREOUNNED AROUND NEW 1iRECS (CINCH NwREGA"OM •TREES jsI REVv 1]]B -'2' (GAL.N AUYM BLAZE I YAPIf _ M1�.. FREOWRED'IANUSGPE TREES `3 'Y59 = l'tAI AUTUMN GRAPwc SCALE ./ w io z Uri 'IN ( J [( [IN [YR2T I) IL [Inch I- ;SO SAIL Lel\1\I I Ily11,11 :4 ENGINEERING'., . w INCORPORATED o _ ,•J, t'', � s(li OwUm �v -JT _ HwwoMwllpla[SWLiI';fi I , le -Wa Okla'41 Oalc A1➢E RB\aon J G W KI Nu'Rk' RPWO.T OT _ F4.Pa�. .I31.— Iq J I I O (O I it V� I LAp .1 , .;FAEAS 5 1 .N : ?5 -42caurcl NUMNEF ,35;88 ENGINEERING;) Sc 27SMIMl II I ISli ni 1 NNIUM U_I3Y_T :F.,YR3,TV 13APKANSnp J2)•li I'M(JNl (4 /95SHl I4 J:fI ri rNY. 11 nS,,q Yd'L r13 Jb4 From: Clarice Pearman To: Pate, Jeremy Date: 10.9.06 12:54 PM Subject: Ords. 4931-4934 Attachments: 4934 VAC 2270.pdf; 4931 R-PZD 06-2190.pdf; 4932 VAC 06-2219 Exhibit B.pdf; 4932 VAC 06-2219.pdf; 4933 VAC 06-2220 Exhibit B.pdf; 4933 VAC 2220.pdf; 49 31 R-PZD 06-2190 Exhibit B.pdf CC: Audit; GIS Jeremy, Attached are ordinance passed by the City Council, October 3, 2006. If anything else is needed please let me know. Thanks. Clarice + r ta�f F NORTHWEST ARKANSAS EDITION •Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Cater, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication, the advertisement of: Ordinance 4932 —• ORDINANCE NO. 4932 Was inserted in the Regular Editions: • MI ORDINANCE APPRO1NG VAC 06-2219SUB- October��I �� October 13, 2006 LOTTED BY TIM P, BLOCK FOR PROPERTY 1 Charge: .I LOCATED AT LOT S. BLOCK 1 OF THE NORTH Publication Char e: 1 76.30 POINT SUBDIVISION, VACATING THE SOUTHERN `g ITOF THE UTILITY EASEMENTLOCATED WITHIN ARKANSAS THE SUBJECT PROPERTY Subscribed and sworn to before me This 13day of , 2006. 'J Notary Public('4 �J ksl�� My Commission Expires: Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 REGSIVED OCT 162006 C(NOCLERK'S OFFIICE WHEREAS, the e City Ch am has the authority c under A.C.A. ss; 14-54-104 to vacate public grounds orWHEREAS, pons M theol whCoare not d termd ner hthe f llorpng d end ement the City aired fl has determined that the following described portion of the planed util- ity easement is not requiretl for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit "Aattached hereto and made a pan hereof. Section 2: That a copy of this Ordinance duty certified by the City Clerk along with the nap attached hereto and labeled Exhibit "0 than be filed in Me office of the Recorder of the County and record- ed In the Deed Records of the County. Seclion 3: That this vacation approval is subject to the conditions of approval as follows: and shall not be In effect until an conditions are met herein. 1. The vacation of said portion of the Mlliry easement is subject to the relocation of Me water line, such that 10' separation is maintained between the relocated water line and the southeastern line of the easement. Said relocation shall be canpleted wiMin one year, or the vacation is rendered null and void. 2. Any relocation of existing utilities shell be at the owner/developer's expense. PASSED and APPROVED this 3rd day of October, 2006 )VED. ATTEST: By. MODY, Mayor SONORA SMITH, City Clerk EXHIBIT "A - VAC 06-2219 N (15) FEET OF EQUAL AND UNIFORM WIDTH BEING WEST OF ANI tJACENT WITH THE EAST LINE OF AN EXISTING FIFTY (50) FOO' WHICH IS A PART OF LOT NUMBERED FIVE (5) OF NORTH POINT IF FAYETTEVILLE, ARKANSAS, AS PER THE FINAL PLAT OF SAID SUI FFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF W 4SAS AT PLAT RECORD BOOK 11. PAGE 74, BEING MORE PARTICU IWS: COMMENCING AT AN EXISTING IRON AT THE SOUTHWEST 3); THENCE 587°2a19"E 50.87 FEET ALONG THE SOUTH LINE OF $ ON THE EAST LINE OF AN EXISTING UTILITY EASEMENT FOR NING; THENCE LEAVING THE SOUTH LINE OF SAID LOT FIVE (5) A ID EXISTING UTILITY EASEMENT THE FOLLOWING BEARIN( 3'14•E 43.61 FEET; N26°OB'2TE 103.93 FEET, N33°4809'E 42.58 FEE 1EASTERLY UNE OF SAID LOT FIVE (5): THENCE LEAVING THE EAS ING UTILITY EASEMENT ALONG 17.78 FEET TO A POINT ON THE LEAVING THE NORTHEASTERLY I OF SAID UTILITY EASEMENT THI FEET; 526°0827W 106.64 FEET; SAID LOT FIVE (5); THENCE 587° Exhibit "B" is a map and may be 3'E 15.26 FEET TO THE POINT OF BEGINNING. In the City Cle,vTreasureys office during normal business hours.