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Home My WebLink AboutOrdinance 4961 Doc I0 : 010766510004 Tv De : REL Recorded : 01/22/2007 at 02 : 20 : 56 PM Fee Amt : $17 . 00 Pace 1 of 4 Washinaton Countv . AR Bette Stamos Circuit Clerk File2007-00002649 ORDINANCE NO, 4961 AN ORDINANCE APPROVING VAC 06-2289 SUBMITTED BY CRAFTON TULL & ASSOCIATES FOR PROPERTY LOCATED AT THE WEST END OF MARKHAM, WEST OF SANG AVENUE, VACATING THE PORTION OF THE RIGHT-OF-WAY SOUTH OF THE SIDEWALK 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 street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit "A" Cross Section shown on Option 4 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 street improvements for the Pratt Place Inn (Condition of approval No. 1 for LSD 06-2195) shall be modified to require the street portion of Markham to be improved to 20 feet of pavement with a ditch on the north side sized for the appropriate design storm and lined with native stone, and the south side shall be curb, gutter and storm sewer. 2. The sidewalk shall be located on the south side of Markham Street mainly within the right-of-way, but may meander outside the right-of-way to avoid large trees, and shall be constructed of asphalt and with its location and construction approved by the City Engineer. The applicant shall grant an access easement to the City for any portion of sidewalk that lies outside the current right of way. 3 . Exhibit A is slightly modified to conform with the two above conditions. 4. Any relocation of existing utilities within the . Markham Road right-of-way to be vacated shall be at the owner/developer's expense. 5. Access to continue existing solid waste service along Markham Road, and future solid waste service to the Pratt Place Inn shall be provided. PASSED and APPROVED this 19th day of December, 2006. �� ,° G�IY �F •�'n,� SC1 � • 773 ; FAYETTEVILLEO APPROVE ATTEST: = rte 5'kA N S P�J`'`am• By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer _. ... . ..... .. ... .. ...... . . ..... .. ...._ ._.. . ._.__... . . . _ . . _ I I _ I .. .... .. .. EXHIBIT lWo VAC 06-2289 o i a= �- ff � 1ptz.1 e. .1i 7 r.. P> 2v .It O Ni a m ✓�" s nyV € rxisnuc - - — N b PROPOSED C n - o � m 59 � I - - II _ ` t HT OF WAY VACATION SKETCH - - - I I 1 I I � 1 e � , / 1 ' I I + I I I I I 150 75 0 150 ; 1 + I ' I 1 Y,ppxh ,�yt I + I - - - -- - - - - -- - - -- - -SANG-ELINE - -- - -- - - - - -- I - RIGHT—OF—WAY ¢ ; TO BE VACATED ', �� N ; S 86059'31 " Eco - - 379.79' Lo 0 ' _ MARKHAM ROAD � 'z` N 8659'31 " µ+ - - - - - e- - - - - - - - - - - - - - -- - - -- - - - 8.28' - - N ego 2P _ IF 1p 40 / — / NUMBER BEARING DISTANCE - - - - - - - - - - - - - - - - _ . L55 N 02040'29" E - - L56 S 04050'28" W 140,020 L57 N 02°40'29" E 32.95' I /i . i Washington County, AR I ;certify this instrument was filed on 01/22/2007 ;02:20:58 PM and recorded in Real Estate File Number2007-..00002649 Bette !Stamps • Circuitle lby - iz/r9 1a,6 November 14, 2006 To the City Clerk City of Fayetteville This is an appeal of the decision of the Planning Commission on November 13, 2006, denying our request to modify our Large Scale Development (LSD 06-2195) through a Vacation petition (VAC 06-2289). We are the owners of record and according to the Unified Development Code section 155.05 (2) we are allowed to appeal this decision to the City Council. This appeal is being made after a telephone consultation with Kit Williams today in which he explained the provision under which to make this appeal. The decision of the Planning Commission is in error for the following reasons: 1 . Because approval was recommended twice by the Planning Department staff. 2. Because the request was tabled at the October 23 Planning Commission meeting in order to give the applicants the opportunity to respond to specific concerns of the commissioners, which the applicants did in writing and with thorough documentation. One of the commissioners' (i.e. Candy Clark and Alan Ostner ) stated concerns was that we were bringing up the subject of a one-way circuit from Markham Road to the Inn and exiting via Evangeline Lane for the fust time at the October 23 meeting, and there was the unmistakable implication that we were trying to effect this modification underhandedly. We presented evidence that we had informed them of this on August 24 in writing.* 3 . Because the Commission at its November 13 meeting did not bring up or discuss any of the concerns they had expressed at the October 23 meeting and then requested that we address at the next meeting (the very reason, in fact, that they tabled our vacation request), but rather dismissed our request out of hand saying, "we have spent enough time discussing this question," and quickly voted against the vacation request. This meant that we were unable to present our response to their,concerns and the accompanying documentation that we had spent hours gathering. The tabling of our request was in bad faith, meant nothing, and resulted only in a tremendous waste of our time and a delay of two weeks in our pursuit of the vacation request with the`City Council. 4. Because this was an arbitrary, capricious, perverse, and inexplicable decision on the part of the Planning Commission. RECEIVED NOV 16 2006 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Le i< ori ` SICGn� lZtdi ��- /0 514'6 Kindly confirm receipt of this request-and let us know at which City Council meeting it will be discussed. Si erely, an 1 c r *For the record, it should be noted that the Planning Commission members were notified by an email from the applicants on August 24 that they were going to make this vacation request; that is, BEFORE the first hearing of our LSD application by the Planning Commission on August 28. At that meeting our engineer, Matt Crafton, announced directly to the Commission that a vacation request was going to be submitted. The right-of-way vacation form was signed by us, the applicants, on August 31 and filed by our engineer on September 14. The purpose of mentioning this is to point out that the vacation request was in the pipeline BEFORE the applicants knew what action the Planning Commission was going to take on the Pratt Place Inn LSD. City Council Meeting of December 5, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operation From: Jeremy C. Pate, Director of Current Planning Date: November 16, 2006 Subject: Easement Vacation for Archer (VAC 06-2289) RECOMMENDATION The Planning Commission denied the applicants' request to vacate a portion of the Markham Street right-of-way, west of Sang Avenue. The applicant has appealed the Planning Commission's decision to the City Council. Planning Staff recommends approval of an ordinance vacating a portion of the Markham Street right-of-way, west of Sang Avenue. BACKGROUND The subject property is located at the west end of Markham Road, west of Sang Avenue on Markham Hill in central Fayetteville. A Large Scale Development was approved on the property by the Planning Commission on September 11 , 2005 for the Pratt Place Inn, a 7-guestroom inn and 60-seat restaurant, and utilizing the barn for public and private gatherings. Access to the property is directly off of Markham Road/Sang Avenue. Markham Road dead-ends into the subject property west of Sang Avenue. At the time of the Large Scale Development approval, it was discussed that the applicant had a desire to vacate the portion of Markham Road west of Sang Avenue. The applicant owns all of the property adioining this section of Markham Road right-of- way, and Markham Road is not planned to extend further west. DISCUSSION Notification was provided to all appropriate utility representatives and adjoining property owners; there were no objections to this request. The Planning Commission voted 7- 1 -0 to deny this vacation request, with Commissioner Trumbo voting not to deny. The main reasons given by the Planning Commissioners to deny this request were traffic and pedestrian safety issues related to the private drive (the subject vacation area) becoming a one-way driveway into the property, requiring Evangeline Lane to become the primary exit. To address pedestrian safety the applicant and Planning Staff discussed that the 20' paved private driveway could be striped for a 12' drive lane and an 8' pedestrian/bike lane. Staff does not find that a dangerous traffic or pedestrian safety condition would occur with the right-of-way vacation as proposed. Public sidewalks and all other public street improvements would still occur on Markham west through the Sang Avenue intersection. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 06-2289 SUBMITTED BY CRAFTON TULL & ASSOCIATES FOR PROPERTY LOCATED AT THE WEST END OF MARKHAM, WEST OF SANG AVENUE, VACATING 0.35 ACRE OF A RIGHT-OF-WAY ON 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 street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates 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 street improvements for the Pratt Place Inn (Condition of approval No. 1 for LSD 06- 2195) shall be modified to require the private street portion of Markham to be improved to 20' of pavement with ditches on both sides sized for the appropriate design storm, lined with native stone. 2. The private portion of Markham Road shall not be gated. 3 . Relocation of existing utilities within the Markham Road right-of-way to be vacated shall be at the owner/developer' s expense, should this become necessary. 4. Access to continue existing solid waste service along Markham Road, and future solid waste service to the Pratt Place Inn shall be provided. 5. The Solid Waste Division must have access to the exit (Evangeline Lane) and is not responsible for any damage done to the road, either paved or unpaved. A release has been signed by the applicant indicating release of responsibility. All trees and brush must be cut back off of Evangeline Lane and maintained on a permanent basis to assure total access and no damage to vehicles due to branches and trees. PASSED and APPROVED this 50' day of December, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk E EXHIBIT "A" VAC 06-2289 A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 1/4 OF THE NE 1/4) AND A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER (NE 1 /4 OF THE NW 1 /4) OF SECTION SEVENTEEN ( 17), TOWNSHIP SIXTEEN NORTH (TWP. 16 N.), RANGE THIRTY WEST (RNG. 30 W), CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE SE 1 /4 OF THE NW 1 /4 OF SECTION 17, TWP. 16 N., RNG. 30 W. AND RUN THENCE NO2040129"E 7.06 FEET ALONG THE WEST LINE OF THE NE 1 /4 OF THE NW 1 /4 OF SAID SECTION 17; THENCE S86059'31 "E 379.79 FEET ALONG A LINE 10 FEET NORTHERLY FROM AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF MARKHAM STREET; THENCE SO4050'28 "W 40.02 FEET ALONG A LINE 20 FEET WESTERLY FROM AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF SANG STREET PROJECTED; THENCE N86059'31 "W 378.28 FEET TO THE WEST LINE OF SAID SE 1 /4 OF THE NW 1/4 OF SECTION 17; THENCE NO2°40'29"E 32.95 FEET ALONG SAID WEST LINE OF THE SE 1/4 OF THE NW 1/4 TO THE POINT OF BEGINNING, CONTAINING APPROXIMATELY 15161 .33 SQ. FT. OR 0.35 ACRES, MORE OR LESS. 1: \ rl 39 ------------ SW AVENUE _ __ �. J it Y � �4 I OYOy m � 1 N y n RE EIVED -- FFAYcilc� itl'e ISIS' ' - � - ---- PIAL NINA_.__ O55 Al£NUE ____ _ t •I •ft . a 1 d • a/ l : v / �er EIVED 2 1 2096 A er93?4 V-hk^ lItAon (wi*4 ts") PC Meeting of November 13, 2006 THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: November06 Updated November 14, 2006 125 W. Mountain St. Fayettevilic, AR 72701 :ohone:(479)575-8267 VAC 06-2289: (ARCHER, 442): Submitted by CRAFTON TULL & ASSOCIATES for property located at THE WEST END OF MARKHAM, WEST OF SANG AVENUE. The property is zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT. The request is to vacate a portion of a right-of-way (0.35 acres) on the subject property. Property Owner: Julian Archer Planner: Andrew Garner FINDINGS: . October 23, 2006 Planning Commission: This item was heard at the October 23, 2006 Planning Commission meeting. This item was tabled at that meeting to address traffic and pedestrian safety issues related to the private drive (the subject vacation area) becoming a one-way driveway into the property, requiring Evangeline Lane to become the primary exit.. To address pedestrian safety the applicant and Planning Staff discussed that the 20' paved private driveway could be striped for a 12' drive lane and an 8' pedestrian/bike lane. The Planning Commission discussed that Evangeline Lane is a narrow gravel road (approximately 20' wide) and would not be functional for large vehicles. Some commissioners felt that this would require large vehicles such as fire engines and trash trucks to travel against the flow of traffic on the one-way drive to avoid using Evangeline Lane. Other commissioners discussed that Evangeline Lane does not line up directly with Sang Avenue creating a potentially dangerous trafficcondition with a large C. number of vehicles exiting the property at this point. The Solid Waste Division has discussed with Planning Staff that they could use Evangeline Lane to exit 'the property after collecting trash. A condition has been added per the Solid Waste Division regarding using Evangeline Lane. The Fire Department has discussed with staff that in the event of an emergency, they would likely use the turnaround at the inn and exit the property through the private, paved drive, rather that using Evangeline Lane. Staffs initial recommendation regarding traffic safety and street improvements for this development has not changed from the recommendation provided at the time of Large Scale Development as it was - anticipated that Evangeline Lane would be used as an exit. Staff does not find that a dangerous traffic or pedestrian safety condition would occur with the right-of-way vacation as proposed. K:Uteports\2006U'C Reports\I I-13-06\VAC 06-2289 (Archer).doc Background: The subject property is located at the west end of Markham Road, west of Sang Avenue on Markham Hill in central Fayetteville. A Large Scale Development was approved on the property by the Planning Commission on September 11, 2005 for the Pratt Place Inn, a 7- guestroom inn and 60 -seat restaurant, and utilizing the barn for public and private gatherings. Access to the property is directly off of Markham Road/Sang Avenue. Markham Road dead - ends into the subject property west of Sang Avenue. At the time of the Large Scale Development approval, it was discussed that the applicant had a desire to vacate the portion of Markham Road west of Sang Avenue. The applicant owns all of the property adjoining this section of Markham Road right-of-way. Request: The request is to vacate the right-of-way for Markham Road on the subject property, west of Sang Avenue (0.35 acres). The applicant has submitted the required notification forms to the utility companies and to the City. The results are as follows: UTILITIES Ozarks Electric Cox Communications AEP/SWEPCO Arkansas Western Gas SW Bell CITY OF FAYETTEVILLE: Water/Sewer Transportation Solid Waste Engineering RESPONSE No Objections No Objections No Objections • : No Objections. No Objections.. Provided that any relocation of utilities, if necessary, is at the owner/developer's expense. No Objections„ . .:. . No Objections No Objections. Provided that access for trash service will remain. No Objections Public Comment: There have been several concerns from the public regarding development on this property. These concerns include substandard roads, drainage, noise potential and tree buffers, and were discussed and addressed as part:of the Commercial Planned Zoning District and Large Scale Development approval. Staff has received one or two phone calls from the K:URcpoes\2006\PC Rcpons\l I-13-061VAC 06-2289 (Archcr).doc public inquiring about the subject right-of-way vacation. These calls were mainly concerned with future roadway improvements in the area, emergency access, trash service, and how the subject right-of-way vacation would affect those issues. Recommendation: Vacating the rights -of -way in question would not adversely affect access to the property or any other adjacent property. The subject section of Markham Road dead -ends into the property and has not been identified by the City for future street connection. The right- of-way vacation would not affect emergency access or trash service provision to this or any other property; provided that the road would remain available for access. The section of right-of-way being vacated would become a private street/driveway providing access into the Pratt Place Inn property. The Markham Road improvements required as part of the Pratt Place Inn Large Scale Development would not be required to be constructed to City standards for this private street. The applicant has submitted a drawing that depicts how the private street section is proposed to be improved (attached). The change on the private street portion being that required sidewalk would not be provided, and that required curb/gutter on the south side would be replaced with a ditch lined with native stones, sized for the appropriate design storm. Staff recommends approval of the proposed right-of-way vacation VAC 06-2289, with the following conditions: . 1. The street improvements for the Pratt Place Inn (Condition of approval No: I for LSD 06- 2195) shall be modified torequire the private street portion of Markham to be improved to 20' of pavement with ditches on both sides sized for the appropriate design; storm, lined with native stone. 2. The private portion of Markham Road shall not be gated. 3. Relocation of existing utilities within the Markham Road right-of-way to be, vacated shall be at.the owner/developer's expense, should this become necessary. 4. Access to continue existing solid waste service along Markham Road, and future solid waste service to the Pratt Place Inn shall be provided. 5. The Solid Waste Division must have access to the exit (Evangeline Lane) and is not responsible for any damage done to the road, either paved or unpaved. A release has been signed by the applicant indicating release of responsibility. Mt trees and. brush must be cut back off of Evangeline Lane and maintained on a permanent basis to assure total access and no damage to vehicles due to branches and trees. (SOLID WASTE DIVISION ADDED THIS CONDITION AFTER TIIE 10/23/06 PLANNING COMMISSION MEETING.) K:\Reports\2006\PC Reports\I1-13-06\VAC 06-2299 (Archer).doc PLANNING COMMISSION ACTION: ves Required Approved X Denied Motion: Anthes Section: Ostner Vote: 7-1-0 Date: November 13, 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: .CITY COUNCIL ACTION: yes • Required Approved Denied Date: K:\Reports\2006\FC Reports\I I-13-06\VAC 06-2289 (Archer).doc Andrew Gamer - PrattPlace Pa e.1 From: Brian Pugh 1•' To: Garner, Andrew C :k Sot:4 Waske D;v Date: 10/30/061:10PM % SiOt1 Subject: Pratt Place Andrew, Ronnie drove Carrot and myself out to the development to look at the road and planned exit. We have the following comments about the situation: Solid Waste can use the exit and avoid going the wrong way on a one way street if the following conditions are met: Solid Waste must have access to the exit at all times and is not responsible for any damage done to the road either paved or unpaved. A signature should be required to make sure this will not become a problem when the roads need improvement in the future due to the weight of the Solid Waste Vehicles on the road. All trees and brush must be cut back and maintained on a permanent basis to assure total access and no damage to vehicles due to branches and trees. Sold Waste highly recommends paving the entire road for traction control in inclement weather conditions but must not be held accountable for damage to the road surface. Brian Pugh. • Waste Reduction Coordinator Fayetteville Solid Waste and Recycling 479-718-7685 • 479-444-3478 Fax CC: Hill, Carrot r RELEASE TO ENTER UPON PREMISES KNOW ALL MEN BY THESE PRESENTS: The undersigned property owner hereby grants pennissipn to the City of Fayetteville's Solid Waste Disposal Service to enter upon his/her premises and/or property for the purpose of collecting household trash, recyclable materials and yard waste. This permission having been granted solely for the convenience of the property owner, the undersigned hereby releases and forever discharges the City of Fayetteville and any and all of its divisions, officers and employees from any and all manner of claims, causes of action, or liability, which lie/she may have now or at any time in the future arising out of or pertaining to any injury, loss, damage, or harm of any kind which may happen to his/her person, property or possessions arising from the fulfillment of the duties, obligations or job requirements of the• City's solid waste service. The undersigned hereby assumes all risk of any damage; injury, or loss which may occur to his/her person, property or possessions which may result from the City's solid waste service entering upon, working while on or exiting from said property. This release shall remain in full force and effect until or unless it is revoked in writing by either the undersigned or his/her authorized representative. Moreover, this release shall remain in full force and effect so long as the undersigned shall or may request the services of the City's solid waste services upon said property or premises for any purpose whatsoever, at any time after the date hereof. THE UNDERSIGNED HAS READ THE FORGOING RELEASE AND FULLY UNDERSTANDS IT. , >4h44a> 4 atn 44 _� (Date) IN WITNESS WHEREOF, I hereunto set my hand, and understand the terms of this �instrument and the effects thereof after having carefully read it in full, this n/__ day of (X�! _. Wdress) ate) ,. kddress) D-/ 1f (Date) �, Crafton, Tul l & Associates, Inc. architects, engineers & surveyors nTOkpawcvadonu rvecntU September 14, 2006 °" °� fwa�e e fdnfdtgn • Jeremy Pate w� ■ • City of Fayetteville, Planning Department • 113 W. Mountain Ca„ wrc Fayetteville, AR 72701 RE: Pratt Place Inn CTA Job No. 051094-00 Dear Jeremy: 0 We are requesting, on behalf of Julian and Jane Archer, that the City of Fayetteville vacate the street right-of-way of Markham Street west of Sang Avenue. The Archers own the property on both sides of the street in this area, and serves their property alone. This request would relieve the city of the burden of maintaining this section of the street and would place this responsibility with the owners. Also, any utilities that exist within this right-of-way will be provided with easements of adequate width, so they may continue to maintain their services. 0 Utility companies have been contacted, and their comments have been provided. Also, Fayetteville Utilities, Street, and Sanitation departments have been contacted v for their comments. A copy of the right of way vacation sketch accompanied this correspondence. All of our research for the boundary survey has shown that the Archers own all of the property adjoining the right-of-way in question, and an abstractor has provided ti a Certificate of Ownership.• Q' We appreciate your review of this project and look forward to your feedback. If o you have any questions or need any additional information please don't hesitate to call me at (479) 878-2455. Sincerely, Crofton, lull & Associates, Inc. Kale Farmer, E.I. Project Engineer A cc: file 1V c(n'!ionuli corn f' RECEIVED NOY 1 3 2006 PLANNING DIV. November 9, 2006 To the Members of the Fayetteville Planning Commission: We earnestly ask that you grant our request for the city to vacate Markham from Sang Avenue west to the top of the hill. If you do so, we hope that you will accord us the normal owners' privilege of choosing the look and design of the infrastructure according to our well thought-out vision. If we had despoiled the property we own and/or created eyesore subdivisions, your concern would be warranted, but our proven track record supports the opposite (i.e. the Bois d'Arc and Pratt Woods subdivisions and all of Pratt Place, notably our self-imposed and financed beautification of Markham Road and Sang Avenue which is as much a benefit to the neighbors and the public as it is to us personally. We have always envisioned a one-way circuit through Pratt Place, though it was only recently that we learned that the city could not make upper Markham one-way as a city street, a modification it never occurred to us would be a problem. The implication that we were trying to do something covert is wholly untrue and quite disturbing. We believe that anyone on the city's staff will tell you that we have always been forthcoming and cooperative in all of the numerous projects we have undertaken. They will also tell . you that no one has struggled harder to preserve trees and natural beauty than we. Please note what we said in point 5 in our email to the Planning Commission dated August 24; that is, prior to the first hearing of our LSD request held on August 28. There were several statements made at the meeting of October 23 that we were bringing the one-way issue up for the first time at that meeting. The proposal we have made for handling vehicular and foot traffic within the property meets a consensus of approval with everyone we have spoken to who actually uses the road. That is, a striped one-way segment of Markham from Sang west to the top of the hill, comfortably accommodating both runners and vehicles, the former with an 8' lane and the latter a 12' wide lane which is the same width as interstate highway lanes. This seems to be the safest, least invasive, and most aesthetic way to handle upper Markham. A shallow native rock -lined ditch would accomplish the same drainage function as curb, gutter, and storm sewer without altering the natural appearance of the site and without destroying a single tree. One of the most beautiful and majestic trees on the entire property —a venerable oak, as well as several other splendid big trees would be sacrificed in order to make way for curb, gutter, storm sewer, and sidewalk. To introduce curb, gutter, storm sewer, and a 5'sidewalk on the south side (or the north side either, for that matter) would present not only a construction challenge at huge cost, but would be an intrusion into the natural beauty that has survived there as long as anyone can remember and is greatly cherished by everyone directly affected by it. To keep it two—way is in no one's interest, above all the track teams' and joggers', since they would not use a sidewalk anyway. - The University and City of Fayetteville track teams have trained on the Pratt Place trails by our invitation for many years. It would be harsh treatment to penalize us after having shared our property with these institutions, as well as having contributed enormously to the beautification of the neighborhood, by forcing us to introduce urbanizing and deruralizing elements unnecessarily and against our desires and those of any other affected persons. In response to the concerns expressed at the Commission meeting on October 23, we have spoken with managers from the Solid Waste Division and met with them on site and they have no problem exiting from the top of the hill via Evangeline Lane. We understand this has been communicated to the Planning Division staff in writing. Furthermore, the Fire Department is in accord with exiting the same way Solid Waste does. It should be noted that the Solid Waste Department does not even allow its trucks on any given road that is deemed unsafe due to weather'conditions. Attached for your information is a map drawn up by our engineer at Crafton Tull indicating the grade of the roads in question. The grade of Evangeline Lane at the steepest point is 10% as compared with the much steeper 17% grade of upper Markham at the steepest point. Attached is a copy of our agreement with Solid Waste holding the city harmless should one of the trash trucks damage our private road. Finally, you will find included notes from rental equipment suppliers indicating that they have no trouble exiting via Evangeline Lane. Over the years Evangeline Lane has been the preferred way down the hill when road conditions are snowy and icy because of the less steep grade and better traction. We beg you to let us go forward with a vision that will make Pratt Place Inn an extraordinary asset to Fayetteville, one which all of you will enjoy visiting, if no more than to absorb the pleasure of feeling that you are way out in the country, even though you are right in the city —a very rare phenomenon for any city. Should the Planning Commission not be inclined, however, to grant a vacation of Markham west of Sang with an 8' running lane, we would ask that the vacation request be approved, nonetheless, with Markham remaining two way. cc er RELEASE TO ENTER UPON PREMISES KNOW ALL MEN BY THESE PRESENTS: The undersigned property owner hereby grants permission to the City of Fayetteville's Solid Waste Disposal Service to enter upon his/her premises and/or property for the purpose of collecting household trash, recyclable materials and yard waste. This permission having been granted solely for the convenience of the property owner, the undersigned hereby releases and forever discharges the City of Fayetteville and any and all of its divisions, officers and employees from any and all manner of claims, causes of action, or liability, which he/she may have now or at any time in the future arising out of or pertaining to any injury, loss, damage, or harm of any kind which may happen to his/her person, property or possessions arising from the fulfillment of the duties, obligations or job requirements of the City's solid waste service. The undersigned hereby assumes all risk of any damage, injury, or loss which may occur to his/her person, property or possessions which may result from the City's solid waste service entering upon, working while on or exiting from said property. This release shall remain in full force and effect until or unless it is revoked in writing by either the undersigned or his/her authorized representative. Moreover, this release shall remain in full force and effect so long as the undersigned shalt or may request the services of the City's solid waste services upon said property or premises for any. purpose whatsoever, at any time after the date hereof. THE UNDERSIGNED HAS READ THE FORGOING RELEASE AND FULLY UNDERSTANDS IT. E 1iW„OM IN WITNESS WHEREOF, I hereunto set my hand, and understand the terms of this instrument and the effects thereof after having carefully read it in full, this / day of T /o oL Wdress) ate) address) (Date) J . --1 �n: 1 ' ' I Zoo.•iccd Irnc a scow rt ='�o ii 9+1E5 sLP:%ej 1111 MAIM Memo To: Jane Archer (Pratt Place From: Randal Wright (Event RE: Proposed street changes Jane, Thank you Barn. I see no prol are planning. Your continuing workin rw/sw 1186 Stearns St. youM1 arty rentals & decorating y(I. L ♦ 1 f,'f 1) Y n l I A rya l t ♦. it l !'Y 1'yfl )ly.'( prior to makin'changes to your drive at'Pratt Place liverytruckslnegotiating the one way drive thityou.,. addmon to Northwest Arkansas We look forward to future 1 f '♦ ;,.¢. ,.pia '., Sriicerely ' 5y. -P J /f,e .- .. 4 1 l . . A.♦ Fayetteville, AR 72703 4 -79` -444 -PLAN or 479-587-0933 www.EventuresPar!f R6i tals.com, THE EVENT GROUP CORPORATE & SOCIAL CATERING P.O.Box 1384 Fayetteville, AR 72702 November 2.2006 To Whom It May Concern: My name is Shellie Morrison, owner of The Event Group Catering, in Fayetteville, Arkansas. lam writing in support of the Archer's and their proposed road adjustment. We have catered many events at the Pratt'barn and find. it to be very accessible and accommodating. I feel this proposed change will offer little inconvenience —and will actually benefit the affected area. Thank you for your consideration. • Sincerely, Shellie Morrison, MMI\\��o��rrrison, President The Event Group Catering, Inc. FAYETTEVILLE PHONE & FAX WEB: www.eventgroupcatering.com 479.444.8626 EMAIL eventgroup@nwark.com BENTONVILLE PHONE 479.273.2837 u OICun ruii FRX )4?9 631 6217 F. 002,002 o....R[«e (awls WW' q -; wr.�'aar�('eolraf ; - 4 •awn yrlyy 7 y lii mo>o C) I '/lullllhli . PRATT PUCE INN MIXED USE DEVf1OFMFNT c3g _na a u,ocl,». IT I ilwlii/!FAYET7EI ' ARKANSAS Rix uzc: suErcvr APoNlaay ,nalllura l 9uru.e,• August 4', 2VVb To the members of the Faye yville Planning Commission; We, as both the developers and owners of the Pratt. Place Inn 2ZD project, would like the Commission to consider the following points in making a decision on our application. i. We understand the reason why it is necessary to add to Markham Road on the north side so the street will be 20' wide from, Cross Street westward, and we support this widening. 2. We understand the need in Fayetteville for. sidewalks and, while we would rather not put one on the north side of Markham from Cross Street westward, would endorse doing so. AS LONG as it can be a mulch (or woodohip) walkway such as exists along Cross Street between iharkham and Halsell. (This same type of mulch pathway is found in Wilson Park.) Furthcrmorc, this walkway should not be at the edge of the toad, but rather set. back 1ro:u it. curving around trees, rather than cutting a straight gash through the woods. a concrete sidewalk would undermine the natural look of the western portion of Markham and would not be used by the people who core up the hill on foot --runners from the university and Fayetteville track teams and joggers. They train on the paths on our property for the very reason that it relieves them from having to run on pavement or concrete. 3. A concrete sidewalk, even next to the curb, would entail the loss of dozens of large trees and create on unbroken, unsightly 26' wide swathe of paving. A mulch path would blend into the woods as it threaded its way through the trees without destroying any trees at all. Moreover, no one would use the concrete sidewalk (dozens of trees would have been sacrificed for nothing, and an unsightly strip of concrete would have been introduced into a wilderness with no result other than to mar its beauty), whereas, at least some runners probably would use the mulch path and no harm would have been done to the site. 4. We oppose the idea of curb, gutter, and storm drainage along Markham. Out efforts of the past 27 years have been to preserve a natural and rural lock. on Markham Road. Though the application before you is labeled a Large Scale Development, I do not think the Planning Commission ever has seen a development with so little development. Ours is a plan to preserve things as they are and have been for the last 100 plus years, not to load this property up with a huge subdivision. To call for curb, gutter, and storm drainage -in this situation because they are required in other developments is tooverlook the purpose of the Pratt Place Inn PZD. Instead, we propose a smoothed out ditch such as we have created on the north side of Markham from. the bridge to Cross, the new one lined with fieldstone. This ditch has handled he water runoff successfully and without overflow for over a century, including the huge rains of last 3 wj VU4/UV4 '1. Tuesday and Wednesday. C If. It should be rememered that the traffic pattern or the inn driveway will be a one-way clockwise loopPatrons will enter from Markham, stop at the parking lot to the north or the inn, and xit along Evangeline Lane, a private road that enters Markham just below Sang. This ill, in effect, create a one-way traffic pattern or Markhamfrom Sang westward even hough we cannot ask the city to designate it as such. As a point_ of information, we will be applying shortly -or a vacation by the city of the part of Markham westward from where Sang Street branches off to the south. The street dead -ends in our driveway, serves only our driveway, and we own the property on both sides of the. road and cannot build there because of the restrictions that we placed on ourselves in our PZD application. If this is granted, the road still will be widened to 20' just as the present driveway to the inn will have to be 20' wide. Please proceed, however, with your consideration of the LSD application you have before you as we need to get a building permit to begin construction of the inn. I, Julian, have taken an unpaid year's leave of absence from my teaching post at Drake University and have only unt9_:_ this time next: year to complete the project under my own supervision. Sincerely, Jane and Julian ;rcher Do You Yahoo!? - Tired of spann? iahoo! Mail has the best spain protection around http://mail.yahoo.com � O � a _ � " l N N � � Y yO Y tb l . "lq / ,//i ! / co/ /� // / i+i •� I , III,/ r/ ✓ / �T. / r t)��/ .ail/ ♦ /tf Iir J, /1 I 1 �y//��. /� ' f r r Vi l .'l ♦ / 1I/.�.ilgr " \,\ ---.lv' ED / rl ,' �f % //r/j;Il !_ •` \` all r1111e v / ,- II CO v , /.'1/ /l I,IYI r,%iI( 1111111 r f 'r /'s ,r V!!`. —'r --1,V/✓,l♦ ///1/ dJII!!II it �,1 P 1 _i 1 `I ," -_ ll \ \ �- a •' /' 1 /! f ,' I I �'• \III ''II!I — / __e / N/. a / / / �r :� •�'- I ' L , 1 '''{1 / - i / Ili /(/i i f`r i III fi/i i i♦ '�tY' Il,4 l•� I i Th \ �\ , \ M1 � a 4LL.1 "I' —1` --/ .. _ _ , , , ", ;/ ` `` \ .\ , III •� ,\ \\\ \ .!L _ ,If ;,rr • / . ,; /' aunts 1� �• c� 1 I'�y� III it �Irl r/1!/ �i/l Ji"�\\\�•\''�� _-L - — r r! II 11!rl1); �ll1 '"y / JJ/ir � II !�riH / � r YIM1 r,v I l:i/i YiyAi: j< - j1 I � li ifl$ 1 .�{ frIiJ_ 11'\v//f111 ll. i F/f%/IlllJ' II\- r i / --� ��-� J/�� 1- / Yl rl Ig /4r 111JII�/�/:111' I1 ( �\�� __�_ I. '-\"� / ,. I JI 11 LiL•.'. 11 r�ill' III• �\ l\:� \- W W P °j III II " .1 i r r l I1.1(- / 1\j` r.crr Ir VIII r), III 1' (. , 1 \�----- \ —�_ i. P I�1 ,I LII II lil' •va\\�.� a\\' \\\ !; l •..a \ �. II , I I I!I III II\'\, J ♦..� i r i - •1 i i Ir I a a L\ �. - 1 /dA r I I'll II Xl �1.r �I11, \I 1\\\X111 rN`\\ ' r♦ :4r f.3 I % ,: 11\I ` lnl `11, \11X , /rr 1 � 1 v A• / /Ira " __ J i II :111yra•� -\1 11} /% ♦irr'r , v I \\ \I\\I ----;--- / r Ir '; //lf � I / u rl "�. -- - I ""I'll lr if�i••y\ r I I \\�\\\\\\' \,. I 1 I- II r 1 , \M1\ \` Ir r D 1 Sa II I r; II I ;II__ f .- \ a • 1 \\ ' i / :Ir i r 11 I ! ,_� rn <: .....,. ._- . . ..__ -.- ., / is ' \ r a [ / /n/r ; / I 'j1r I ; / 1 I 1 III II (�1 i�// Yi �\ a•�ay♦l�.r. a- / .V`1II 1 r (I It .!.' .. _./ 'ter ./ 'i/r Iljjl t/ From: "Kale Farmer"<KaleFarmer@craftonIl orn> To: "Jeremy Pate" <jpate@ci.tayetteville�rus> Date: 9/21/2006 4:37 PM Subject: Markham Road Improvements for Pratt Place Attachments: Markham Improvements (Ex Cond).pdf; Markham Improvements (ROW Vacated).pdf Jeremy, Attached are PDFs of the Markham Road Improvements. There are two drawings; one with the improvements as recommended by the Planning Commission, and one with the improvements that will be constructed if the ROW vacation goes through. The shading on the road indicates the total road surface, including existing pavement and widening. If you have any questions, please give me a call. Kale Kale Fanner, E.I. Civil Engineer Crafton, lull & Associates, Inc. 901 N. 47th Street, Suite 200 Rogers; AR 72756 . Ofhce.479-878-2455 Fax: 479-631-6224 Kale.Farmer@craftontoII.com www.cfaftontull.com Grafton, Tull & Associates, Inc. exists to anticipate and understand the needs of ourclients and provide them with successful solutions. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for. thejndividual named If you are not the named addressee you should not disseminate; distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information: is strictly prohibited. SEP 2.1 2006 I JOHN G. VNIILLIAM3, FAtA;:Emeritus Professor of Ar riectute University of Arkansas; q- 'doctor'"'of i�rts.`aid .Humane - L `etters.,;.Unliv'ersltycof Aa'ka-nsa1s October24,'2006. To:' Jeremy Pate, Director ofCurrentPlanning, Fayetteville, At . `. J111 tithes, Chairperson,and members of the Planning Commission ` :.' Phis Letter is regarding a Condition of Approval for the Pratt Place PZD,+Octobet 23, 2006. Thrs cohdiiion would require the+location of Lvangehne Lane be moved so that EI ` the intersection of Evartgeline Lane and Markham [Zoad;be directly acros3Troin the ' 1 ' ,` 'intersection of Sang Aveque and3ylarkhatxi'Road. VJhiI -ti is seems`io'be, a good' idea in studying Pie_ street. map, when taken o td c ' actual site, the proposed move would create some. seriousprdblems. _ L One: It would req......rxtensive earthwork and the removal ••f several large and beauti Cut trees including wliite'and red oaks, hjekory attd[dogwood trees ; This would- damage+the special natural quality of the area thal'now exists with the present tocatton of \ Evangeline Lane: , Two \By cify pemiis'sion there are fiber optic tines'in this.praposed location 4 / '.• ; V•. j John G: Williams' +:. - •1 1 1 . • 1• ,l RECEIVED oct. 2 a' boos PL4NNING:DIV. •' Emeritus Architect • Landscape. Architect • Consultant, Campus Planning '& Energy Conservation in Design''' ' 140 North Sang Avenue Fayetteville, Arkansas 72701 a, (479)442431'i 09/1J/Z00a 10,_28 FAI.4794443490 COF TRANSPORTATION DIMS U ItITY APPROVAY, FORM FOR RIGHT- OF- WAY, ALLEY, AND fritITY EASEMENT VACATIONS DATE: UTILITY COMPAN _ft6 %3$ t9 002 Cvt Tuvt fi'^tti REQUESTED VACATION (applfcartt must died oil that apply): ❑ UtilityEasement ❑ 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 riglrtof-way, deur'bad as follows: General location / Address: West end of Markham Road, west of Sang Avenue (Legal description and sketch ntrn.4...tt UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. ❑ No objections to the vacation(g) described above, provided following described casements arc retained. (State the location, dimenaions, and purpose below,) 1• ��S s Z21 09/13/2006 WED 16:21 FAX 479 444 3478 COF SOLID WASTE & RECYCL 18002/002 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: U1 LITYCOMPANY: S/)u%7 LjAa I ` f it i-v !? 3t�s(#Eej,UE REQUESTED VACATION (applicant mast check all that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley Streetrightof-way I have been notified of the petition to vacate the following right-of-way, described as follows: General location/ Address: West end of Markham Road, west of Sang Avenue (Legal description and sketch attached) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements arc retained. (State the location, dimensions, and purpose below.) Sol',c! ( Vase fec'J ces aCYr,_n , adtc+ w' tl meet 4-o relorn access 4-O ci.nd -lue (-UAnnp4erz ajrd Co ia: 'e19 Ov' (fl00K'&'n t Signature of Utility Company Representative Title U11LI 'Y APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UITLI Y EASEMENT VACATIONS UTILITY COMPANY: Yc,Yet'C21Jliq_, �/��syy J-� REQUESTED VACATION (appticww ...rCherJgfftharappfyr ❑ Utility Eastman - ❑ Rightaf-vny foralley orstmets and all utility easanWs located within the gated rift_ of way. ❑ Alley Street rigb[a(-way f have been notified of the petition to vaatc the following rightaf-way, desmbed as faltowc Gcnenl location / Address; West aid of Haddam Road, wed CSang Ava - (Lcfll desaipti n and akadt attached) UTILITY COMPANY COMMENTS: - Na objection to the vacation(s) described above. O No objections to the vacations) described above, provided following desciibed easements are retained. (Slate the location, dhnens"toas, and pmpase below,) Srgnaaae ofUhtdy Coty Representative Title 2006 Flit 01:06 All UTILITY APPRO VAT. FORM FOR RIGHT- OF -WAY, ALLEY, AND UTUdTY EASEIv1)NT VACATIONS DATE: UTfLITYC.OhdPANN O24Q-/Lj(S GLEG7R/C REQUESTED VACATION (appffcnn(rmtst c4tt6 g(( Thai apply): ❑ Utility Easement ❑ Right-ofway foralky oraueets and all utility easements located within the vacated tight - of - way. ❑ Alley Street right-oFway I have beta notified Of the petition to vacate die following tightof-way, described as follows: General location / Addrcas. w.ar....t ..t•wr a.r._. o__w ._.._. _a..__ _ .:-- UTI LITY COMPANY COMMENI5: Vd Na o14ectlons to die vacadon(s) desmbed above. 17 No objections to die vac lions) dca abed above provided faowing deocnbed eoaments me intoned. (Stare the locarion dimensions; and purpuae.helow.) Srgidw f htyXy`Company Reprecmtndvo. Title P. 02 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DA - UTILITY COMPANY:4 P SWE/'(D REQUESTED VACATION (applicant mast check all that apply): O Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way_ ❑ Alley A Street rightof-way I have been notified of the petition to vacate the following tight -of -way, described as follows: General location! UTILITYCOMPANY COMMENTS: (W 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.) ignatu of Utility pany Representative 61 InECQ 6/2006 17:09 4798720174 COX CONSTRUCTION. UTILITY APPROVAL FORM FOR RIGHT- OF -WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: UTILITY COMPANY: � y tii rl�A) s REQUESTED VACATION (appllcarrrrnru! c6ecd tilt chat apply); ❑ Utility Easement ❑ Right-ot-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 die following right-of-way, described as follows: General location / Address: West end of Maricham Road, west of Sang Avenue UTILITY COMPANY COMMEN S. ANo objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described casements arc retained. (State the location, ditaeasions, 'and purpose below.) Ignanr cot Utility C puny Representative rccr Title PAGE 01/01 UTILITY APPROVAL FORM FOR RIGHT- Or- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS. DATE: 9- tI-O G UTILITY COMPANY: i'T i; REQUESTED VACATION (applicant ants, dteda oi( that apply): ❑ Utility Easement ❑ Right-of-way for alley or streets end all utility easements located within the vacated right- of way. ❑ Alley Streetrightof-way I have been notified of the petition to vacate the following right-of-way, described as follows: General location /Address: West end of Markham Road, west of Sane Avenue UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above. No o• bjections to the vacation(s) described above, provided ACLEPfA6� EASEt� LENTS !t tL 61RAn1Ttl7 l b DE11Q f>QEYIS 3b PAY• Fot ROL? RELacnoN O' e1JsT,kcL cAclt ITtCc CQ) �Stgnature of Utility Company Representatives En6 �vt., oSI" OcAi€p Title 7 -a ()IcZGZb9Rb 'nN/Lt=,:z, -Ti/pc:>i an;' r, rvnri 9-,2-06; 3:18PM;ARKANSAS WESTERN GAS 9-12-06; 2:53PM ;4795828258 It 2/ 2 FAY AWG TPAINING:9 2 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: q- 1)O (. UTILITY REQUESTED VACATION (applicant mast check all that apply): ❑ Utility Easement ❑ Right-of-way for alley or sheets and all utility easements located within the vacated right- of- way - o Alley Street rigbt-of-way I have been notified of the petition to vacate the following right-of-way, described as follows: General location /Address: West end i N U TILITY COMPANY COMMENTS: 0 No objections to the vacation(s) described above_ ❑ No objections to the vacations) desenbed above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company Repr nlarive Afc� &6/014( R1pA,1 Tide , RIGHT OF WAY VACI IH 150 75 0 150 H I ,EyANI_E],pTE LAS____ -` IONT-OF-WAY TO BE VACATED ',� S 86,59'3I' E e �. N 86 59, 131' W`"w` --'' 8.28' Haa p I Ir It I' nS ID I \ 'I If •I O TION SKETCH \ I Ft I - r♦ NUMBER BEARING - ,DISTANCE 155 N 02°40'29° E 7.06' 136 S O4°50'28° W 40.02' E57 N 02°40'29" E - 3235' w { o HALKELL RD Of i w Re• A an w m DEG v a F MARKHAM j N RAZORBACK STADIUM 11 Q } H07Z DR LoI .HOTZ DR i •¢1 WALTON z 1 w+ o MEADOW (r w a a m 0 HASKELL HEIGHTS ❑rt CENTER PALMER PL 1g • NETTLESHIP w MAINEui Q o Z Q w STONE 0 Z ID NEPTUNE I- U) MITCHELL w • o KAYWOOD ILL£ a 3 Ei DDL ❑• W 1PUS' _ • EARMWGT Q m 0 0 NI FAYETTEVILLE YOUTH CTR. BUD WALTON ARENA LEROY POND DR FAYETTEVIL HIGH SCHOO EAST CAMPI w a4izyiznnz 14:0b 5152434089 ARCHER PAGE 03 NPR 26 2002 5: O8PM t - - ''ER3ET 3200 } 2. BILL OFASSURANCE FOR THE CITY OF FAYETTEVILLE ARKANSAS fn order to attempt to obtain approval of a request for a zoning reclassification, r, develo , r of tine property, Y P perty, (hereinafter "Petitioner") ll o(Assu hereby voluntarily offers this and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Hill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that If Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial inreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville cityCouncil will reasonable rely upon al1 of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. . Petitioner hereby -voluntarily offers assurances that Petitioner and Petitiunei s property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limiled to 3. Specific activities will not be allowed up on aetiHoner's ornnPrev. 4. (Any other terms or conditions) Q4/29/2082, 14:86 515243408.9 APR 26. 2002 5:08PM Hr:y ARCHER PAGE 02 `ERJET 3200 p 8 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall bellied for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat.or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, t owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name blow. Jwllavt Ar•che� as the ./ I /,/ ' Ed //. l NOTARY OATH. STATE OF ARKANSAS I COUNTY OF WASHINGTON And now c n this before me, 1: i lftfl after being placed upon his/her oath swore or the terms of the above Bill of Assurance and si a a • Co mission Expires: and he/she agreed with P* i I _________:j•• 1 . 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' FAYETTEVILLE The City of Fayettev®e, Arkansas BUILDING SAFETY DIVISION VIOLATION NOTICE RE: OFFICIAL NOTICE OF A CITY ORDINANCE TO: Julian Archer 2115 W Markham Rd, Fayetteville, AR 72701 i- 11 pl 1 1- :1 li`iu`aJifm.i `f iTf.�i At+tivw��Y a�A! : 1,1, it i 1 11 1 ilk' 1: 11 11 : : 1 1 i s 1 i fiY e15R'1'a 'c. iH..V?..A `�'11wQ ° :� 1 : 1 1 1 2 1 1 'flJ1' 1• 1 1 1 1 1: 1 1 i I -• 11' 9 ii u or me nuildmg I Occupancy without a Certificate of Occupancy. Code Current approval is for a residential barn. Structure is being used as The Above Violations may be corrected in the following manner. Obtain permits to alter the space to meet the code requirements for use as an Assembly Occupancy. NOTE: Penalties may be up to $250 per day (§ 153.10) and other penalties may apply. An appeal may be requested. (§153.09) You are hereby notified, as provided in § 153.04 of the City of Fayetteville Code of Ordinances, that the above described violation(s) exist(s) and must be corrected. Should said violation continue -to exist on or after October 15°i, 2005 the City of Fayetteville will proceed with further lawful action. Verification of timely correction may be made contacting the Building Safety Office, 113 W. Mountain, Fayetteville, AR, 72701 or by calling 479-575-8233, eflenst - The City of Fayetteville, Arkansas BUILDING SAFETY DMSION September 9, 2005 Steve Cattaneo, MCP Building Safety Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Julian Archer 2115 Markham Rd. Fayetteville, AR 72701 Mr. Archer: Our office has been notified that the Chancellors Reception will be -held tonight in your barn. As you may recall, this structure was constructed and approved for use as a private agricultural building (barn) and was not intended to be used for assembly purposes. Our primary concern is for the safety of those attending this function. For their safety, please do not allow the use of the balcony areas since they were not designed for this use and may collapse under load. We will be in contact with you concerning this matter. SEE A'kaasas a4 4® «: • ' \\ fl � :� :-- ®�. \ \ :1 L Pli" H Li APHY s I1r::% Si NWAnews.com :: Northwest Arkansas' News Source Page 1 of 2 Y L Anewscom 4 .l . I Jl fib Sunday, November 12, 2006,y.Y�teather: M/SUNNY 55 F Classifieds I Jobs I Obits I Business Directory I Search Search Browse by date Sun, Nov 12, 2006 in ADG-NW r •1 r 1 .. s I lif- s NORTHWEST ARKANSAS EDETION NWA Crime Report US & World News Gridlock Guru Sports ADG Sports WholeHogSports Northwest Outdoors FAYETTEVILLE — A Business little Business sweat never hurt anybody, Business Matters Dick Trammel said to a Opinion opinion panting crowd of 300 or so guests and volunteers at the Augvri-- Sunday Perspective Diamonds; Denimga`nd Dice the first large-scale fundraiser for Vi -Fu .l c4Ai(J.p`ty. .+.a `a tf;3t w Style Rebuilding Together of Northwest Arkansas. "Don't worry about sweating. Cowboys sweat," Trammel said with a laugh. The party stria was held at.Pra Pla a sa at Sassafras Hill, a rustic, but regal Family structure on a picturesque patch of land at the end of Markham Homestyle - Road. The barn was the perfect place for such a casual affair, even Food if it was surface -of -the -sun hot and humid to boot. Pardners raise sizzling sum for Rebuilding Together — Cyd King posted on Sunday, August 27, 2006 Email this story I Primer -friendly version MovieStyle What's Up! MORE Northwest Profiles Religion Travel Books Wal-Mart Coverage ANNOUNCEMENTS -. klr1il-..9,iac Guests entered through a white tent and joined a buffet line that included smoked ribs, chicken and pork, plus miscellaneous fare from participating restaurants and caterers, such as A Fare to Remember, Panera Bread and Susan's restaurant. Wine from Altus - based Post Familie Vineyard and beer were also served. Dinner music was by an acoustic duo, Flip and Kelly. Once inside the barn, partygoers tried their hands at casino games including blackjack and roulette. At sunset, Trammel led a live auction that included a 14 -karat white gold necklace with diamonds ...J IL TL .- J L�J L.- 1.44..- llnn. n.. .....".. ai„c rnm/arlu/t4nrthwest Pmfiles/164802/ 11/12/2006 IN w mnews.Com :: Northwest Arkansas' News Source Page 2 of 2 au me way arouna it. i rue piece, aonatea Dy rerry s rine jewelry Weddings, Engagements, and Gifts, went to Debbie Pianalto for $ 5, 500. Pianalto also paid $ Anniversaries 2, 000 for a Western playhouse donated by The Cabins at Big Births Springs. All told, the auction brought in nearly $ 10, 000. Tools & Information contact Us With the business of the evening over, guests spent the rest of the Place a Classified Ad night dancing to the music of Tulsa's Mary Cogan Band. Subscribe to the prim Organizer Donna Hamilton with Image Builders said the party was Edition expected to net around $ 50, 000 — a healthy sum for a first-time Web (RSS) reeds Q , fundraiser. Diamonds, Denim and Dice Chairman Lynn Markel had Print and Web said the. purpose of the event was to create awareness for Advertising Rates Rebuilding Together, ether whose programs help low-income disabled Newspapers in Education and elderly homeowners with repairs they can't afford. Diamonds, (NiE) Denim and Dice Aug. 19 WHAT: A fundraiser for Rebuilding Special sections Together of Northwest Arkansas WHERE: Pratt Place Barn on Wal-Mart Coverage Sassafras Hill, Fayetteville THE LOOT: About $ 50, 000 CHAIRMAN: NWA Churches Lynn Markel Visit Eureka Springs Real Estate FEEDBACK: Something to say about this topic? Submit a Letter to the Editor online Hungry? ADVERTISING _. .. ` .... Copyright @ 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact Us http://www. nwanews.com/adg/Northwest Profiles/I 64802/ 1I/1lnnfe CITY OF FAYETTEVILLE BUILDING SAFETY DIVISION 575-8233 FAX: 575-8316 CERTIFICATE OF OCCUPANCY A/P #: 21462 AUDITORIUM DATE ISSUED: ADDRESS: 2255 W MARIQiAM RD, FAYETTEVILLE, AR 72701 - APPLICANT: OWNER: ARCHER JULIAN 2115 MARKHAM ROAD FAYETTEVILLE, AR 72701 (479)582-5443 x JAM Ar USE GROUP A -3 AREA 3%6o j au,an - 2160 0n 4o u7 = 61Z'o SF DESCRIPTION OF WORK: install second set of stairs, raise guardrail to 42" install handrails $Perrk " yys tr,,, This Certificate of Occupancy is issued pursuant to the requirements of the Arkansas Fire Prevention Code as amended by City Ordinances. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other Ordinances of the jurisdiction. � Fl ��li/�(j�{Y♦�J��i /F ' APPROVED BY THE BUILDING OFFICIAL 0,� Planning Commission September 11, 2006 Page 36 VAC 06-2289: VACATION (ARCHER, 442): SUBMITTED BY CRAFTON TULL & ASSOCIATES FOR PROPERTY LOCATED AT THE W END OF MARKHAM, W OF SANG. THE PROPERTY IS ZONED C-PZD, COMMERCIAL PLANNED ZONING DISTRICT. THE REQUEST IS TO VACATE A PORTION OF A RIGHT-OF-WAY ON THE SUBJECT PROPERTY. Garnet: This item was heard at the October 23 Planning Commission meeting and it was• tabled at that meeting to address concerns of the,Planning Commission with traffic and pedestrian safety issues related to the private drive. The subject vacation area on Markham Road becoming a one way driveway unto the property which would require Evangeline Lane to become the primary exit. I won't go over this application in detailSince that Planning Commission meeting, we have talked'to he Solid Waste Division and they have discussed with us that they could us Evangeline Lane to exit the property after collecting trash. A conditionbof approval has been -added per the Solid Waste Division regardi g,the�use of that private dri`eY'1 did talk to the Fire Department and they genera lly4mdicated they thought in an event of an emergency, they would use the one way drive to come in. They would probably use, it to ekit.as well, as oppo's'ed to going on the gravel drive. The applicant ha&iibmitted a letter and..that was included, I just placed it in your seats before the -meeting. They,.indicated that from the uses that they would access their.pro`pertyy"'`which is the catering company or RentaPCompany would also se Evangeline Lane and would not have to exit against the flow of one w y traffic. Those are the main issues, I think were dis�ussed and1those are theiupdates we have. I would be happy to answer any:questions-you might have. Anthes: Thank you MT arner, would any member of the public would like discuss this vacation request 06-229 for Archer? Mrs. Farris. V Farris: My name isFeliciafarris. I reside at 2215 Halsell Heights, just off Sang near the south end. I would like to speak tonight about the safety issues of throne way street as well as the maintence issues of the shallow ditches... _ ; r. And tl%e promises involved with both of these, but the one way street being strictly a one way street and the issues of the shallow ditches being maintained if they are not in the system of culverts when it comes and meets Sang and Markham and not functioning properly. I believe as we discussed in the last meeting, that we already have a problem with this drainage system not working well. Not only is this one way road a risk of life and limb, if a person casually cheats to use this street the wrong way, such as an employee. As reminders, I understand the Archers do not reside the majority of the time in Fayetteville to police closely the usage of this one way street usage. Be it traffic from one of these long rainy weeks that Planning Commission September 11, 2006 Page 37 devastates this gravel road doesn't bode well for any of these cars that . would want to use to gravel road, especially there high priced car. But one of these events puts a lot of pressure on the event staff for these cars, who maybe want to use the street after they leave an event. Especially, after the gravel road would be damaged after some of these rains, especially this fall. But, most realistically it is likely that we would see a catering truck as they are rushing back and forth to try and get a party ready. Not wanting to go the long way around on these gravel roads but wanting to cut quickly down the one way against the one way street back down the hill to go for another quick trip to wherever they need to b4tack back stuff again back up the hill. As neighbors becoming accustomed.10 turning left with no hesitation of oncoming traffic, due to the one way street posing no threat, in other words, no oncoming traffic from down hill that's'suddenly, unrepentantly vehicle, large truck would be disastrous f r ai y one of us living who live on that hill. Thaf s�the fear' of this promise th 'itSs going to be one way and no traffic ever commg•down the hill is the feathat this promise won't be kept. Secondly, the,lea es`andsmall limbs, large limbs clogging this storm system. If a person or persons in charge to keep this ditch does a haphazard`job; it clogs the system Promises of this keeping this ditch clean, I fear is nbt goingio happen>By far, in light of the safety issues, the maintenance issues, the Commissions first proposal of curbing the storm drain the full length withoutthe-shallow ditch system would seem bestmost importantly, leavingiouut the one way street with private mainte ance with this promises that may not be maintained, I fear, I think: it would be best to just leave out the one way issues would service best these neighbors:.Evidence ofrthe potentials of these promises not being ............. ept can b se een:inth`e: packet that I've handed out to you. The first onethahwe will start with is the Bill of Assurance that was set up for this Anther: e Mrs. Farris, I need you to directly address this development proposal or this vacation proposal, if you would. Farris: Justas'one.or two speeding tickets don't show a poor driving record several of thenshow reckless driving history. Just as one or two promises don't necessarily show a poor history of ability to keep promises, several of them show someone's ability incredibility of ability to keep promises. Anthes: We do not talk about applicants. Farris: It just shows that the probability or lack of safety issues for us as neighbors. I think you can see here the ability for someone to keep promises. There's an issue here of a violation notice presented to Mi. Archer. It's a whole Planning Commission September 11, 2006 Page 38 series of several parties that went on in that barn after the violation notice was given. This shows here several parties of weddings. Anther: I really need to stop your discussion on that matter and redirect you to the vacation request. Farris: I hope you look closely to the issue, the fact that this is safety issue and that the one way street needs to be strictly enforced. It's�going to be a grey area that's not going to be policed there. I think you jan"se'e that there are issues here and there's not going to be someone to police it. It's going to be someone that is going to have to over look it and that person needs to be in the situation that's going to be credible. The issu s�.as'far as the ditches, that is as well going to be a situationnwhheereathe issue is going to have to have credibility in maintaining it This one last issue, as far as the lighting, when it was discussed before, we talked about the need for"it. like to make a clarification that the area that's not going to be reswfaked in the ditches that are going to remain open 'Just east of Cross, that we may look also, make sure that area maybe addressed because it remains very unsafe and it's a very dark area. Thank you very much, for your time. Anthes: Thank you Mrs. Farris. Would any other member of the public like to address this vacation request\ foreA clier7 Seeing none, I will close the public ccco�mment'se tion, would the applicant give their presentation. Archer: Yes,�Julian Archer.2115 West Markham. I want to thank you first of all, in 6 taking the Uine to review this one gain. I hope all of you received the •letter and his the attachments"that I have sent to you by regular mail, and don't have if -you a copy, I believe Jeremy or Andrew have copies already. So, y uo already is e'those in hand. Answering all, I hope, the concerns and questions, that you.hhad at the previous meeting. There is very little that I can add towhat you have in hand. The only thing I can think of, a point ' that was not emphasized in the letter and to just return to this point. Granting this,vacation request will not remove the obligation on us to reply e,the lvert that goes under Sang or to replace the culvert that goes under Ev ngeline. That's in addition to replacing the culvert that goes under Cross. So, the drainage question, which was the question from the beginning, that is still going to be address according the size that is prescribed by the Engineer. The mouth of Evangeline Lane would have to be paved back to required distance, which I think is 25 feet. It will have to have a radius curb, standard City radius curb opening up 25 radius curb as well. That same radius curb will also be put on Sang Avenue. So, there are a number of things that were in the original PZD approval that would still be there if you approve this vacation. The ditch on either side of Markham, Planning Commission September 11, 2006 Page 39 west from Sang, thanks to the plan that was presented to us, the illustration, what's done with the Parks service is the kind of fill that we plan to use. It was the one that was originally proposed to use. But, what you do not accept, but that is what we plan to carry through with. We will also, of course, have to widen the road to the standard 20 feet. We understand that obligation goes with it as well. So, those are the only remarks that I have to make. Anthes: Thank you Mr: Archer. Archer: Thank you. Motion: Anthes: Commissioners? Well, as we kn6this is the PZD, this is a:;porti6n of the PZD that went to City Council i st. They sent`the large scaleide'velopment back to us with specific reasoning t wok through the street and access, as far as I understand it. ,Engineering Staff;tl'lanning Staff, the applicant, many members of the public, and this Comm ssion have spent hours, literary hours, working through this section on this�particular piece of rr .tt e, roadway. This vacation and the pets ionthat goes along with it would alter IA that section that:was a very difficult compromise to reach and one we spent, invested tremendous amount of time and I for one, am not willing to undo these hours of work and for that reason I will make a motion, that we willeriy vacati n iequest VAC 06 2289. Myres: Madam Char Anthes: Commissioner s. Ostner: �._ I'll second t:= Anthes: Ok.. Ostner: Myres: I have to go along with both of you, assuming you agree, for exactly the reasons that you stated. We spend a lot of time on a lot of projects, but this one seems to be inordinately difficult in terms with reasonable compromise and I, too, am reluctant to set aside that time and effort, which I think was well done. So, I will also vote to deny. Planning Commission September 11, 2006 Page 40 Anthes: Thank you Commissioner Myres. We have a motion to deny by Commissioner Anthers, second by Commissioner Ostner, is there further discussion? Will you call the role. Roll Call: The VAC 06-2289 for Archer was denied by a vote of 7-1-0. Markham Hill Sang Avenue/Haskell Heights Neighborhood Fayetteville, AR 72701 December 5, 2006 Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 RE: Easement Vacation for Archer (VAC 06-2289) Dear Fayetteville City Council, As residents of Markham Hill, we have concerns about the proposed vacation of the West end of Markham and it becoming a one-way street. In doing so we feel this would lead to both a safety hazard and perpetuate the existing water run-off issue that currently troubles our neighborhood. SAFETY The proposal put forth by the Archers takes the traffic one -way —westward —up the hill. Vehicles, including heavy delivery and catering trucks servicing the bed and breakfast and event barn would have to circle around on a sloped gravel road to return to Markham Our concern is the likelihood, even if rare, of a vehicle especially a large truck using the one-way section unexpectedly the wrong way. Most fearful is when any one person may become accustomed to freely turning left onto Sang off Markham or vice versa expecting NO on coming traffic from the steep hill to the West. We think one can see the potential for a collision. If this passes, this will be a private, secluded section of road making it difficult to be enforced as a one-way street. Catering and event trucks hurrying to make return trips would certainly want to take a more desirable route down the one-way street the WRONG -WAY. Either a fully paved route or a two-way street as proposed by the Planning Commission would hopefully instill more compliance and/or safety. MAINTENANCE As residents of this neighborhood, we are all too familiar with the habitual drainage problems at the Southwest corner of Sang and Markham. There is such a large volume of water coupled with tree debris (leaves and limbs) that it prevents the culvert pipe from functioning properly. The newly paved road is eroding and the culvert pipe is evident from so much water that rushes over the road where the two drainage ditches from Sang and Markham converge. This is a chronic problem due to culvert pipe becoming plugged with debris. This proposed open ditch system is dependent upon maintenance in order to keep this corner open -storm -drain functioning. Our fear is will this new system be any better than what we have? And if it proves not to function adequately —who will fix it? We hope the Council can see that this vacation would too closely impact the neighborhood and any visitors. The one-way street has the potential for abuse with its severe consequences. The ditch system and open -storm -drain at the corner closely resembles the existing system. This is the opportune time to bring the street up to city standards as the Planning Commission decided. Let's not impact those of us who live on Sang with an abbreviated version of a less than standard, cheaper and potentially hazardous street design. Respectfully, 1 Markham Hill Sang A enue/Haskell Heights ome Owners 2215 Haskell Heights Fayetteville, AR 72701 November 27, 2006 Fayetteville City Council 113 West Mountain Street Fayetteville, AR 72701 RE: Easement Vacation for Archer (VAC 06-2289) Dear Fayetteville City Council, As a resident of Markham Hill, I have concerns about the proposed vacation of the West end of Markham and it becoming a one-way street. In doing so I feel this would lead to both a safety hazard and perpetuate the existing water run-off issue that currently troubles our neighborhood. SAFETY The proposal put forth by the Archers takes the traffic one -way —westward —up the hill. Vehicles, including heavy delivery and catering trucks servicing the bed and breakfast and event barn would have to circle around on a sloped gravel road to return to Markham. My concern is the likelihood, even if rare, of a vehicle especially a large truck using the one-way section unexpectedly the wrong way. Most fearful is when I or my neighbors become accustomed to freely turning left onto Sang off Markham or vice versa expecting NO on coming traffic from the steep hill to the West. I think one can see the potential for a collision. If this passes, this will be a private, secluded section of road making it difficult to be enforced as a one-way street. Catering and event trucks hurrying to make return trips would certainly want to take a more desirable route down the one-way street the WRONG -WAY. Either a fully paved route or a two-way street as proposed by the planning commission would hopefully instill more compliance and/or safety. MAINTENANCE As a resident of this neighborhood for eight plus years, I am all too familiar with habitual drainage problem at the Southwest corner of Sang and Markham. There is such a large volume of water coupled with tree debris (leaves and limbs) that it prevents the culvert pipe from functioning properly. The newly paved road is eroding and the culvert, pipe is evident from so much water that rushes over the road where the two drainage ditches from Sang and Markham converge. This is a chronic problem due to culvert pipe becoming plugged with debris. This proposed open ditch system is dependent upon promises of private citizen maintenance in order to keep this corner open -storm -drain functioning. My fear as well as my neighbors is will this new system be any better than what we have? And if it proves not to function adequately —who will fix it? I hope the Council can see that this vacation would too closely impact the neighborhood and any visitors. The one-way street has the potential for abuse with severe consequences. The ditch system and open -storm -drain at the corner closely resembles the existing system. A strong aspect to its proper functioning is the debris removal from the private section before it flows into the public section. To have confidence the one-way street will be used without imposing a hazard and the proposed ditches will not negatively affect the drainage system in difficult in light of the material found in the enclosed packet. Therefore in order to limit the risk and impact to the neighborhood, the Planning Commission's first proposal takes into account these concerns. Respect�blly, Fduicia A. Farris, MD OUTLINE OF ATTACHMENTS REGARDING PRATT PLACE PROJECT APRIL 29, 2002--- BILL OF ASSURANCE Issued to Pratt Place Barn for agricultural use only --limited only to use of animals. OCTOBER 22, 2003 Based on information received by Steve Cattaneo, a verbal warning of code violations and public hazards issued to Julian Archer regarding the safety of Pratt Place Barn for public use at this time. SEPTEMBER 9, 2005 ---CODE VIOLATION NOTICE-- Building Safety Division DOCUMENTABLE EVENTS-- PRATT PLACE BARN September 27, 2003 Foster -Brown Wedding June 12, 2004 Slaughter -Waugh Wedding July 3, 2005 Lowell -Favorite Wedding May 12, 2005 Clark -Mahaffey Wedding May 28, 2005 Hart-Yazwinski Wedding January 11, 2005 Addison- Seifritz Wedding (*Twin Cedars) June 25, 2005 Murray —Rutledge Wedding (*Twin Cedars) September 22, 2005 Chancellor's Dinner October 29, 2005 Noland -Sutherland Wedding December 3, 2005 Melissa and Sam Wedding December 30, 2005 Owen -Bedford Wedding (*Twin Cedars/Pratt Place) December 31, 2005 Trumbo-Cangelosi Wedding February 11, 2006 Leigh -Kevin Wedding February 25, 2006 Shelly and Jeff Wedding May 27, 2006 Wray -Stephens Wedding August 19, 2006 Diamonds, Denim, Dice September 22, 2006 When Pigs Fly October 28, 2006 James -Carnahan Wedding SEPTEMBER 15, 2006-- CERTIFICATE OF OCCUPANY ----Approved ***MULTIPLE NAME USAGE Pratt Place Barn aka Twin Cedars; Archer Barn; Twin Cedars at Pratt Place throughout various newspaper articles. See Attachments c.PR 26 2002 S:oapN Fy'SERJET 3200 p.2 _ BILL OF ASSURrI.JCE FOR THE.Cl7Y OF FAYB'A'i'EViLL£, Aftl(AIJBAS In order to attempt to obtain approval of a request for a zoning reclassification, t develo , r b y of this property, un (hereinafter"Pettioner here ell qo5r, u and enFers into this bindm� and Icons lycwiththetheme City of Fayetteville, Arkansas, The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Chancery/ Circuit Court of Washington County and agrees that if Petitioner or Chancery,' yner's heirs, assigns, or successors violate any terns of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will • reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners property shall be restricted as follows IF Petitioners rezoning is. approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to 3. Specific activities will not be allowed upon oetitionet'a nrn..art., 4. (Any other terms or conditions) APR 26.2002 5:06PH Hr. 2y'5RJET 3200 . ,. . PAGE 02 p.3 5, Petitioner specifically agrees that all such restrictions and terns shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioners rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, 1, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Ju.l�r�n �)rch2� J ame, AreJ4el- , Printed Name a es p1 4nature NOTARY OATH. STATE OF ARKANSAS COUNTY OF WASHINGTON .) And now on this heanfs rl it 200 `, '.appeared before me, �' � g. yi` �'°'"''� and after being placed upon his/her oath swore or affirmed that he/ she agreed with the terms of the above Bill of Assurance and si pjedIt %Jacue� cute• i G Co d.;bnf umJM7071t1 My Comm; on pi - NOT Mv Co mission Expires: L{ -2 1-01 Fran: `Janres'L. B ak" B e a ¢�<j(ti a nets To: ��buiEdM9_t+�•.nr.us� : ! -tTua. Sep 30.2003 S10'Pik t Structure at,2 �Nterl twir . FayelmvNte ISh: z I was empoyed to check this sinecture fora future wedding reo�on pvty of 300 paap!e. I noticed a Patriot Box at the s4te. I gSddy checked some specb of the meazanine floor may. The as 1/2" diamstot bolt connecti ng the floor gbdm bees to.tha tirnbercolumns has acepacity of ISM than a reakfential (sleeping eree).f oer basdng in this stnxxut'a consists of open -fink gain (l v never assn this before). The structure is vay thfi. I have Concerns with tiro adequacy of the wktd bracing system. have info YWA my Client to not have their party in this struck'". I hW* recomrrrend that the city f woughb d is tfria sbucxure baked on the intended use of the Based on witst I observed during my 45 minutes et the stte.end based on the resporrsrbifi6es of my engbtee►ing Hcsnso. I Mel I must kdorm you of this sttuetlon. AQ v...w.gli. Jmrtes L Burke, PE } STRUCTURAL TRU TU ENGINEERING 4 A41 Gh td Plr�se hr WrU CIA Fay r.o4..t t �•�,c;ke.Q, ;AG4, a15 if world Lc .3�®pi�� Rwcti .Q i/� pkz��4p& ,4 rbt,�f,� ta rm An Aft4- a Ise r -ht A cfrlw?` /Lvov t�r,.teua,1Lt 4..y. T 4AcJ /is VSC�AfroiF�t4 �"� fJouit( b� We 1t4r i'wi5, st�ta -/tt,y A hC 01(44 j#$. 4e. r,(a fret -I' FAYEUEVILLE The City of Fayetteville, Arkansas BUILDING SAFETY DIVISION VIOLATION NOTICE RE: OFFICIAL NOTICE OF A CITY ORDINANCE TO: Julian Archer 2115 W Markham Rd. Fayetteville, AR 72701 • The undersigned, being an empoyee-oaf-fhetyf Fayetteville,Washington County, Arkansas, upon his oath disposes and says that on 9th daysof.September, 2005 Eebruary at 2255 W Markham Rd. conditions, as set out below, exist which are contrary to the current City regui on such as: § 110 of the Building Occupancy without a Certificate of Occupancy. Code Current approval is for a residential barn. Structure is being used as The Above Violations may be corrected in the following manner: Obtain permits to alter the space to meet the code requirements for use as an Assembly Occupancy. NOTE: Penalties may be up to $250 per day (§ 153.10) and other penalties may apply. An appeal maybe requested. (§ 153.09) You are hereby notified, as provided in § 153.04 of the City of Fayetteville Code of Ordinances, that the above described violation(s) exist(s) and must be corrected. Should said violation continue to exist on or after October 15", 2005 the City of Fayetteville will proceed with further lawful action. Verification of timely correction may be made contacting the Building Safety Office, 113 W. Mountain, Fayetteville, AR, 72701 or by calling 479-575-8233, v L Date: Septemlieril'4, 2005 Steve Cattaneo, Building Safety Director The City of Fayetteville, Arkansas BUILDING SAFETY DIVISION September._9, 2005 Steve Cattaneo, MCP Building Safety Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Julian Archer 2115 Markham Rd. Fayetteville, AR 72701 Mr. Archer: Our office has been notified that the'Chancellors Reception will be held tonight in your barn. As you may recall, this structure was constructed and approved for use as a private agricultural building (barn) and was not intended to be used for assembly purposes. Our primary concern is for the safety of those attending this function. For their safety, please do not allow the use of the balcony areas since they were not designed for this use and may collapse under load. We will be in contact with you concerning this matter. Thank you, Steve Cattaneo 113 West Mountain Fayetteville, AR 72701 (479)521-7700 Fax (479)5758316 Service Request Detail Report Date 09/14/2005 05:23 PM Submitted Service # 28172 Problem BD006 NO CERTIFICATE OF OCCUPANCY Address 2255 W MARKHAM RD O .FAYETTEVILLE AR 72701 - Call Date 09/09/2005 17:17 Taken By 816 CATTANEO, STEVEN M. Source_ CALLIN ❑ Customer Contact Requested Priority Responsibility SD Project CuA • •, IT BUILDING SAFETY Schedule (inspected) Inspect Inspected from 09/09/2005 05:23 PM to 09/09/2005 05:23 PM by 816 STEVEN CATTANEO. Resolve Unresolved with no due date. Location Area District Parcel Template Type Asset Name Flrst•MI Address city State/province Country E -Mail Day Phone Call Date 09/09/2005 17:17 Comments Reports that the U OF A is hostir Sub -Area Map # AiP# M -a w''3fu yr$+�F1iFYrA2gj'u "`vm."t '�i;-.. Title ZIP/PC ❑ Foreign Reference # Evening Phone Taken By 816 Reception In barn. There are no additional callers for this service number 1 Duration of Call 00:00 #of Calls I Comments Verified with liar A that they were having reception at Mr. Archers Barn. Faxed a copy of a fax I had recieved from a concerned engineer about the structural Integrity of the building to Marsha Overby at U of A. Also tried to call (no success) Mr. Archer. I vexed a letter to Ms. Overby and to Mr. Archer requesting that, for the safety of the attendees, that persons not be allowed on the balconies. 919/05 9113/5 Spoke with Mr. Archer, he says that they didn't allow persons on the balconies. 9/1415 Mailed Violation notice to Mr. Archer at both his Fayetteville and Des Moines addresses..SMC nployee ID Scheduled Start resources scheduled. Scheduled End Work Description tulpment ID Scheduled Start Scheduled End Work Description resources scheduled. CITY OF FAYETTEVILLE BUILDING SAFETY DIVISION 575-8233 FAX: 575-8316 CERTIFICATE OF OCCUPANCY - A/P #: 21462 AUDITORIUM DATE ISSUED: VL / zoos ADDRESS: 2255 W MARKHAM RD, FAYETTEVILLE, AR 72701 - APPLICANT: OWNER: ARCHER JULIAN i4mf 2115 MARKHAM ROAD FAYETTEVILLE, AR 72701 (479)582-5443 x USE GROUP /1-3 AREA �lj60 Jc�raU„b {- 2/6a /fy/loN4 = 120 SF CONST TYPE I' Q DESCRIPTION OF WORK: install second set of stairs, raise guardrail to 42", install handrails S'94 rwfuea cyr h .% This Certificate of Occupancy is issued pursuant to the requirements of the Arkansas Fire Prevention Code as amended by City Ordinances. Issuance of a Certificate of Occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other Ordinances of the jurisdiction. APPROVED BY THE BUILDING OFFICIAL UN Arkansas Democrat' M('azette Northwest Arkansas' News source •' • WEDDINGS: TIFFANY ANNE FOSTER LAWRENCE SHEFFIELD BROWN Arkansas Democrat -Gazette Northwest Edition Posted on Sunday, October 55`2003 URL: http://www.nwanews.com/adg/announcements/40468/ FAYETTEVILLE — Tiffany Anne Foster and Lawrence Sheffield Brown united in marriage at 6 p.m. Saturday; Sept. 7', at,St. Paul's Episcopal Church with the Rev. Bill Stroop officiating. The bride is the daughter of Anne and Jay Foster of Springdale. She is the granddaughter of Marilyn and Wayne Key of Goliad, Texas, and Jodie and Jay Foster of Elm Springs. The bridegroom is the son of Ava Bokker of Bentonville and Mark Brown of Hughes. He is the grandson of Polly Brown, the late Charles Brown, Susie Gardner and Lawrence T. Gardner, all also of Hughes. The altar was decorated with an arrangement of green hydrangea blooms, hypericuwn berries, yellow and terra-cotta roses, peach -colored ranunculus and seeded eucalyptus. The 'aisle was lined with hydrangea blooms and berry and rose -filled nosegays. Music was by organist Charlie A. Rigsby and the St. Paid Quartet. Given in marriage by her father, the bride wore a two-piece strapless gown of imported Italian satin trimmed in pearls, crystals and rocals. The embroidered waistline fell into a redingot skirt and chapel -length train. She carried a bouquet of hypericum berries, yellow and deep red ranunculus, terra-cotta roses and seeded eucalyptus. Poppy Mayes of Springdale was the maid of honor. Bridesmaids were Sarah Gibbons, Kim Johnson, Shanna Amos, Melissa Fulfer and Carrie Henry, all also of Springdale. Junior bridesmaid was Ashley Tyler, also of Springdale and a niece of the bride. They wore strapless, princess line gowns in mocha -colored satin with fitted bodices that tied at the back of the A -line skirts. Each carried a bouquet of hypericum berries, maple leaves and seeded eucalyptus. Jeptha Tyler and Caedmon Tyler, both of Springdale and nephews of the bride, were the bell ringers. Samuel Porter of Las Vegas, uncle of the bridegroom, was the best man. Groomsmen were Chip Martin of Tuscaloosa, Ala.; Martin Brown of Bentonville, brother of the bridegroom; Joey Steele of Hughes; and Nickita Markov and Saleh Harharah, both of http://www.nwarktirnes.coin/adglannouncernents/40468/printl 11/15/2006 Fayetteville. Junior groomsman was Lon Bokker, also of Fayetteville, brother of the bridegroom. Seating the guests was Scott Tyler of Springdale. A reception followed at the°Pratt' Pala e in Fayetteville. Guest tables were centered with hand -forged metal vine -covered trees with amber -colored hanging illuminaries and urns filled with roses, hydrangeas, hydrangea blooms, hypericum berries, French tulips and ranunculus. Music was by a disc jockey and Greer Gamble on the saxophone. Assisting at the reception was Randal Wright. The bride is pursuing a bachelor's degree in art history from the University of Arkansas and is employed at Ozark Orthopaedic and Sports Medicine. The bridegroom is pursuing an associate degree in business from Northwest Arkansas Community College in Bentonville and is employed at Estes Wood Designs. After a wedding trip to New Orleans and St. Joseph's Bay, Fla., the couple will be at home in Springdale. Copyright @ 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved Contactwebrnaster@nwanews.com http://www.nwarktirnes.cornladg/announcements/40468/pnnt/ h1w, 1Y@SC /iik0:1$u'S'(yeLYt t: TIMES $6CI[B Weddings: Fries.S9aughter Northwest Arkansas Times Posted on Sunday. June 27, 2004 URL: http:/Avww.nwanews.com/nwat/Announcements/17443/ Sarah Lee Slaughter of Springdale and Patrick Vaughn Fries of Fayetteville were joined in marriage Jftne_r24 `2oo -__ _ , at Pcatt place•in Fayetteville. The Rev. Matt Slaughter officiated the ceremony. Parents of the bride are Roy and Susan Slaughter of Springdale. Parents of the groom are Frank and Carolyn Fries of Rogers. The bride, given in marriage by her father, wore an ivory satin A -line gown with fine silver embroidery wrapping around the bodice and hemline. The gown's embroidery was enhanced with bugle beads and tiny star sequins,- and buttons followed the bodice down the paneled chapel train. She carried a biedermeir bouquet of limbo green roses surrounded in concentric circles with blue hydrangeas, green hypericum berries and blue agapanthus. The bouquet was wrapped in ivory satin overlaced in sheer satin -edged ribbon. Matron of honor was Michele Tollett of Springdale, and bridesmaids were Angela Slaughter, Kimberly Martin and Meagan Frazier. Flower girls were Isabelle Slaughter, Vivian Gray and Ava Gray. Ring bearers were Turner and Truitt Tollett. Best man was Hank Gray of Memphis, Tenn., and groomsmen were Luke Fries, Joe Fries and Steve Yang. Ushers were Brandon Campbell, James Madison, Justin Clay and Cody Slaughter. Wedding music was provided by Candi Sappenfield and Jonathan Walker. After a wedding trip to Mexico, the couple will live in Springdale. Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com http://www.nWarktimes.cony/nwat/Announcenients/17443/print/ 11/15/2006 NWAnews.com :: Northwest Arkansas' News Source Page 1 of! I 'TIMES Engagements: Northwest Arkansas Times Posted on Sunday, March 13, 2005 URA: http:/&vww.nwanews.com/nwat/Announcements/26178/ Chelsea Lea Clark and John Kaleb Mahaffey, both of Fayetteville, plan to marry at 6 p.m. May 14, 2005; at Pratf Barn in Fayetteville. The bride -elect is the daughter of Debbie and John Clark of Fayetteville. She is the granddaughter of Helen Joiner of Fayetteville, Bill Clark of Springdale and Roxie and Bill Alston of Malvern. She is a student at.Leon's Cosmetology School in Springdale and works as a patient care assistant at Northwest Arkansas Pediatric Clinic in Fayetteville. The prospective groom is the son of Sandy and Mark Mahaffey of Fayetteville. He is the grandson of Patsy and Clinton Pike of Farmington, Leta Mahaffey of Fayetteville and the late John Mahaffey. He works as a heavy machine operator for Tomlinson Asphalt Co. in Fayetteville. Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com http://www.nwark-tintes.com/nwat/Announcements/26178/print/ 11/15/2006 Page 1 of 3 VNW dt wS1C®!11 Arkansas Democrat "e l C6azette o,thwesra,kansa'News Sowce •' ENGAGEMENTS S Arkansas Democrat -Gazette Northwest Edition Posted on Sunday, October 24, 2004 URL: http://www.nwanews.com/adg/Northwest_Profiles/96568/ Hart-Yazwinski FAYETTEVILLE — Sydney Lee Hart and Thomas Anthony Yazwinski, both of Fayetteville, plan to marry at 6:30 p.m. Saturday, May -28 2005; at the Pratt'Place=Barn; Hart is the daughter of Geneva and Jeff Hart of Canby, Ore. She is the granddaughter of Lorene and Ernest Wood of Salem, Ore.; the late Janice Hart; and the late Doris and Ray Hart. She has a bachelor's degree in communications and broadcasting from the University of Arkansas and works as a reporter for KNWA-TV, Channels 24/51. Yazwinski is the son of Shirlee and Thomas Yazwinski of Fayetteville. He is the grandson of Frank Yazwinski of Deerfield, Mass.; the late Stella Yazwinski; and the late Doris and Charles Killman. He has a bachelor's degree in broadcasting from the UA and works as a photojournalist for KHBS/KHOG-TV, Channels 40/29. Minor-Skarsten LOWELL — Lindsey Nicholle Minor of Rogers and Jason Edward Skarsten of Centerton plan to marry at 7 p.m. Friday, Nov. 12, at Fellowship Bible Church. Minor is the daughter of Karen and Chris Minor of Rogers. She is the granddaughter of Madelyn Binkley of East Alton, Ill.; the late LaVetra and Bill Binkley; and Mary and Sam Minor of Everton, Mo. She attended Evangel University in Springfield, Mo.; and works as a divisional assistant for Wal-Mart Stores Inc. in Bentonville. Skarsten is the son of Ted Skarsten of Springdale and the late Patra Skarsten. He has a bachelor's degree in computer information systems from the University of Arkansas and works as a business systems analyst for Tyson Foods Inc. in Springdale. France -Norris EUREKA SPRINGS — Lisa -Marie France and Samuel Ryan Norris, both of Springfield, Mo., will unite in marriage at 5 p.m. Saturday, Nov. 13, at Thorncrown Chapel. France is the daughter of Irene and Lanier France of Mountainburg. She is the granddaughter of Edith France, also of Mountainburg; the late Logan France; and the http://www.nwarktimes.com/adg/Nortliwest_Profiles/96568/print/ 11/15/2006 NWAnews.com :: Northwest Arkansas' News Source Page 1 of 2 UNwthirest .4kanas'News Source Wednesday, November 15, 2006 1 Weather: RAIN 41 F Classifieds I Jobs I Obits I Business Directory I Search Homepage Replica Edition News Northwest Arkansas NWA Crime Report US & World News Gridlock Guru Sports ADG Sports WholeHogsports Northwest Outdoors Business Business Business Matters Opinion Opinion Sunday Perspective Style Style Family Homestyle Food MovleStyle What's Up! MORE Northwest Profiles Religion Travel Books Wal-Mart Coverage ANNOUNCEMENTS nkit,,=.gee Search Browse by date Wed, Nov 15, 2006 in ADG-NW Mansas J.Je.mccrat ` ( azettc KATHERINE ANN JOHNSON ADDISON JONES SEIFRITZ Arkansas Democrat -Gazette Northwest Edition Posted on Sunday, June 19, 10O5 7 Email this story I Printer -friendly version FAYETTEVILLE — Katherine Ann Johnson and Addison Jones Seifritz exchanged wedding vows at 4:30 p.m. Saturday, )une11, at twin'Cedars-with John Humphries officiating. The bride is the daughter of Teri and Ron Johnson of Fayetteville. She is the granddaughter of Mary and Don Johnson of Fayetteville and Lorna and Bill Schilling of Kansas City, Mo. The bridegroom is the son of Sonya and Mike Yates of Fayetteville and Debbie and Jere Seifritz of Highland Ranch, Colo. He is the grandson of Helen and the late Hollis Seifritz, also of Fayetteville, and the late Katie and Casey Jones of Pine Bluff. Lighted grapevine lined the balcony of the barn, and the ceremony featured pillars and verdigris wall pockets filled with floral arrangements of tall bear grass, green hypericum, Kermit mums, grapevine and ivy. Additional decorations included candelabra and topiaries of rose and green hydrangeas, bells of Ireland, roses, green hypericum and Kermit mums. Nuptial music was provided by keyboard player Bruce Parker and vocalist Lydia Seifritz. Given in marriage by her father, the bride wore a floor -length gown of diamond white satin with crisscrossed shoulder straps and a satin -trimmed elbow -length veil. She carried a bouquet of pink sweet peas, lady's mantle, lime -green roses, peonies and green http://www. nwarktimes. com/story. php?paper—adg&section=Northwest_Profiles&storyid... 11/15/2006 NWAnews.com :: Northwest Arkansas' News Source Page 2 of 2 _-.I.. I - I Weddings, Engagements, Anniversaries Births Tools & Information Contact Us Place a Classified Ad Subscribe to the Print Edition Web (RSS) Feeds Print and Web Advertising Rates Newspapers in Education (NIE) Special Sections Wal-Mart Coverage NWA Churches Visit Eureka Springs Real Estate Hungry? ADVERTISING lisianthus. Marcy Hill of Fayetteville served as maid of honor. Bridesmaids were Natalie Seifritz and Lydia Seifritz, sisters of the bridegroom, and Rachel Long, all of Fayetteville, and Staci Joyce of Springdale. They wore strapless tea -length gowns of carnation pink chiffon. The maid of honor carried a bouquetsimilar to the bride's, and bridesmaids carried green bouquets of hydrangeas, bells of Ireland, Kermit mums, amsonia and hypericum. Aaron Seifritz of Fort Collins, Colo., served as his brother's best man. Groomsmen were Justin Parker of Monterey, Calif.; B. J. Johnson, a brother of the bride, and Brian Byrd, both of Fayetteville; and Jeff Johnson of Houston, a brother of the bride. Guests were seated by Adam Driver of Fayetteville. At the reception that followed, tables were draped with floor -length ivory linens and green runners and topped with verdigris vases filled with pink roses and green candles surrounded by ivy. The covered porch held a hand -painted galvanized water trough adorned with the couple's initials. Reception music was provided by Bruce Parker and a disc jockey. Whitney Flora, Katie Byers, Kenlie Posey, Blake Posey, Alex Posey, Clarinda Carr, Carol Roberson and Anne Foster assisted at the reception. The bride has a bachelor's degree in middlelevel education from the University of Arkansas and is a literacy aide at Leverett Elementary School in Fayetteville. The bridegroom attended Arkansas College of Electricity in Bentonville and is an electrician for Campbell Electric in Fayetteville. After a wedding trip to Montego Bay, Jamaica, the couple will reside in Fayetteville. I FEEDBACK: Something to say about this topic? Submit a Letter to the Editor online Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact -Us http://www.nwarktimes. cons/story.php?paper—adg&section--Northwest_Profiles&storyid 11/15/2006 LN,WAnews.00m hwest Arkansas' News i9Lf ce Wednesday, November 15, 2006 1 Weather: RAIN 41 F Classifieds I Jobs I Obits I Business Directory Search Search Browse by date Wed, Nov 15, 2006 in ADG-NW Homepage Replica Edition News Northwest Arkansas NWA Crime Report US & World News Gridlock Guru Sports ADG Sports WholeHogSports Northwest Outdoors Business Business Business Matters Opinion Opinion Sunday Perspective .Style Style Family Homestyle Food MovieStyle What's Up! MORE Northwest Profiles Religion Travel Books Wal-Mart Coverage ANNOUNCEMENTS n6 ., .4 ac Arkansas ].Democrat ocrat Azcttle iii :11 C :ZIMKTh.14i111 F.] MELISSA LYNN MARGARET MURRAY JOHN REYNOLDS RUTLEDGE JR . Arkansas Democrat -Gazette Northwest Edition Posted July on Sunday, 3, 2005 vY Email this story I Printer -friendly version FAYETTEVILLE — Melissa Lynn Margaret Murray and John Reynolds Rutledge Jr. exchanged wedding vows at 7 p.m. Saturday, 9une-25 at Central United Methodist Church. The Rev. Rob Renfroe of The Woodlands, Texas, officiated. The bride is the daughter of Lynn and George M. Murray III of The Woodlands. She is the granddaughter of Isabelle and the late Roy Moxley of Augusta, Ga., and Kenneth F. C. and the late Margaret Murray of Garden City, N. Y. The bridegroom is the son of Ann and Reynie Rutledge of Searcy. He is the grandson of Velma Jeanne and the late N. T. Rutledge of Smackover and the late Nan Kathryn and Earl Vanhook of Newport. The doors of the church were hung with large wreaths of greenery accented with pink satin ribbon, and the altar was adorned with four silver candelabra with Boston ferns and large floral arrangements of pink roses, green hydrangeas and green button mums accented with curly willow. The altar table was covered with candles. Nuptial music was provided by soloist McM.e Hagers. Given in marriage by her parents, the bride wore a white gown with a fitted silk bodice featuring a bow held in place at the waist by a brooch of Swarovski crystals, silkcovered buttons down the back and a flared tulle skirt continuing into a sweep train. http://www.nwarktimes.com/story.php?paper—adg&section=Northwest_Profiles&storyid... 11/15/2006 NWAnews.com :: Northwest Arkansas' News Source Page 2 of 3 VVIIVVI IVJ I Weddings, Engagements, Anniversaries J Births Tools & Information Contact Us Place a Classified Ad Subscribe to the Print Edition Web (RSS) Feeds Q Print and Web Advertising Rates Newspapers in Education (NiE) Special Sections Wal-Mart Coverage NWA Churches Visit Eureka Springs Real Estate Hungry? ADVERTISING She wore a blusher veil of white tulle held in place by a crystal tiara and carried a bouquet of hot pink and medium pink roses wrapped in sheer white ribbon. Michelle Murray and Laura Murray, both of The Woodlands and sisters of the bride, served as maids of honor. Bridesmaids were Anna Reed of Marianna; Patricia Grimes of Dumas; Mary Elizabeth Brice of Tullahoma, Tenn.; Elizabeth Redyke of Dallas; and Gena Johnson of Hot Springs. They wore strapless gowns of chocolate brown satin accented with ruching on the left side and carried hand -tied bouquets of hot pink and light pink roses, green hydrangeas and green button mums with ribbon -wrapped stems. Attendants also included Ashley Wright of Weehawken, N. J.; Lindsey Carpenter of Fayetteville; and Emelia Horn of Denver. They wore tea -length strapless gowns of dark pink seersucker and carried small bouquets of pink flowers. The father of the bridegroom served as best man. Groomsmen were Adam Rutledge and Nathan Rutledge, both of Fayetteville and brothers of the bridegroom; Grant Sumner of Dallas; Marshall Hughes of Searcy; Jake Hargraves of Little Rock; and Brandon Hurlbut, also of Fayetteville. Guests were seated by Michael Heath of Houston, a cousin of the bride, and Kyle Hamilton of Searcy. A reception followed afT-wi Ced ; where large hurricane vases with candles lined the walkway. Curtains of white tulle draped the doors of the barn, which was filled with luminarias. White tulle adorned the balcony and hung over the dance floor. Tables were topped with large floral arrangements of roses and peonies. The Little Rock band First Impressions provided music at the reception. The bride has a bachelor's degree in elementary education from the University of Arkansas and works as a first -grade teacher at Harvey Jones Elementary School in Springdale. The bridegroom has a bachelor's degree in finance management and a master's degree in business administration, both from the UA. He is employed as a loan officer for First Security Bank in Springdale. After a wedding trip to Maui, Hawaii, the couple will be at home in Fayetteville. http://www.nwarktimes.com/story. plip?paper=adg&section=Northwest_Profiles&storyid... 11/15/2006 PageIofl CAi. ews1 'fir Arkansas Democrat 'r ( aelte otthwest RrkdRsa5New- source • ' ' Northern Lights by Cyd King: Chancellor's dinner fetes donors hungry for party — Cyd King Posted on Sunday, September 18, OOtD URL: http://www.nwanews.com/adg/Northwest_Profiles/128846/ FAYETTEVILLE — University of Arkansas Chancellor John A. White was without his usual escort for the annual Chancellor's Society reception Sept. 9, but his spirits were nonetheless buoyed by his supporters. The chancellor's wife, Mary Lib, was in White Pine, Tenn., attending her 50 th high school reunion while he was hobnobbing with donors at ArcherBarn high on a hill in a picturesque setting west of campus. The Chancellor's Society includes those who contribute $2,000 or more annually to the UA's Fayetteville campus. Gifts maybe directed to a college, school, department, program or other area that has special meaning to the donor. The annual reception is the chancellor's way of saying "Thank you" for their notable contributions. There were about 640 members in the society for the year that ended June 30. Members hail from all over the country. Feeding the crowd of 235 or so hungry benefactors was Barbara Lindsey of Creative Kitchens. She brought shrimp cocktail, smoked turkey pineapple salad with a variety of breads, pork tenderloin sandwiches, pesto bacon focaccia sandwiches, zucchini torta squares, cream cheese roses with jezebel and hot pepper jelly, spinach corn salsa tortilla spirals and steamed asparagus with house dipping sauce. Sweets included almond tartlets, cream cheese brownies and peanut butter bars. Cathy Dicus, Boyce Billingsley, Marilyn Bogle and Chuck Dicus Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com http://www.nwarktimes.com/adg/Northwest_Profiles/128846/print/ 11/15/2006 NWAnews.com :: Northwest Arkansas' News Source Page 1 of 2 lWAnet S.COpl1? Arkansas Democrat VA (gazette Northwest .4;kaiisas'Peew HILLARY ELISE NOLAND MATTHEW STEPHEN SUTHERLAND Arkansas Democrat -Gazette Northwest Edition Posted on Sunday, November 6, 2b05 URL: http://www.nwanews.com/adg/Northwest_Profiles/135563/ AYETTEVILLE — Hillary Elise Noland became the bride of Matthew Stephen Sutherland at 6 p.m. Saturday, Oct. 29?at Central United Methodist FChurch with the Rev. Jack Wilson officiating. The bride is the daughter of Barbara and Steve Noland of Fayetteville. She is the granddaughter of Eloise and Edward Bedwell of Fort Smith and Eunice and Paul Noland of Fayetteville. The bridegroom is the son of Penni Sutherland and Chris Sutherland, both of Tulsa. He is the grandson of Barbara and John Sutherland of Mission Hills, Kan. The railings outside the church were decorated with swags of greenery and berries. Columns in the church were adorned with large ferns, and pews were marked with bows and floral arrangements of chocolate roses, berries and greenery. The altar featured floral arrangements of chocolate roses, fall -colored snapdragons and gladioli, flame calla lilies, asiatic lilies and hydrangeas accented with curly willow, berries and feathers. Nuptial music was provided by organist Jonathan Story and vocalist MeMe Hagers. Given in marriage by her father, the bride wore a strapless gown of ivory satin accented at the waist with a wide gold sash that continued into streamers at the back of the gown, which fell onto a chapellength train. She wore a cathedral -length veil that was trimmed with French Chantilly lace and carried a hand -tied bouquet of cream -colored vendella roses wrapped in ivory ribbon. Claire Noland of New York, a cousin of the bride, served as maid of honor. Bridesmaids were cousin of the bride Emily Noland of Southlake, Texas, and Carrie Jo DeBriyn, Mandy Macke, Charlotte Ludwick, Ashley Stockland and Sara Beth Stockland, all of Fayetteville. They wore gowns of espresso silk accented with bows of grosgrain ribbon and carried bouquets of gold calla lilies and chocolate roses accented with berries and pheasant feathers. Sydney Winborn and Sarah Davis, both of Fayetteville, served as flower girls. Spencer Sutherland of Tulsa served as his brother's best man. Groomsmen were brother of the bridegroom Drew Sutherland, Blake Gross, Scott McCarty and Jeremy Ward, all http://www.nwarktimes.com/adg/Northwest_Profiles/135563/print 11/15/2006 NWAnews.com :: Northwest Arkansas' News Source Page 2 of 2 also of Tulsa, and Scott Bullock and brother of the bride Heath Noland, both of Fayetteville. Guests were seated by Jon Coursey and Roy Nelson, both of Tulsa ; Chris Jennings and Michael Moyers, both of Little Rock; and Clayton Paddle of Fayetteville. A reception followed at Archer Barn in Fayetteville, where the balcony was adorned with floral arrangements of hydrangeas, feathers, bear grass and curly willow. Buffet tables were topped with fall floral arrangements of chocolate roses, cat tails, hydrangeas, rust lilies, snapdragons, fruit and pumpkins. Guest tables featured floral arrangements in shades of chocolate and gold, and some were topped with wrought iron trees and arrangements of fruit, chocolate and gold roses accented with berries. Reception music was provided by vocalist Mary Cogan of Tulsa. Ann Foster assisted at the reception. The bride has a bachelor's degree in elementary education from the University of Arkansas. The bridegroom has a bachelor's degree in computer information systems from the UA and works as a vice president for Commercial Bank in Parsons, Kan. After a delayed wedding trip to Australia and Tahiti, the couple will be at home in Independence, Kan. Copyright© 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com http://www.nwarktimes.com/ad./Nortliwest Profiles/ 13 5563/print/ 11/15/2006 NWAnews.com :: Northwest II i411 Scorn A'or r.hwet A, kanca' Pew's Scw ce C10ENT The Grandest Location HOTEL In The Ozarks To Get M. Wednesday, November 15, 2006 1 Weather: RAIN 41 F Classifieds I Jobs I Obits I Business Directory I Search Search Browse by date Wed, Nov 15, 2006 in NWAT Replica Edition SECTIONS Homepage News Sports Opinion. Business Living Academics Farm Religion MORE What's Up! MovieStyle Business Matters Northwest Outdoors Wal-Mart Coverage ANNOUNCEMENTS Engagements, Weddings, Anniversaries Births Obituaries Tools & Information Contact Us Place a Classified Ad Subscribe to the Print Edition Web (RSS) Feeds Print and Web Advertising Rates Newspapers in Education (NiE) Order photo reprints NORTHWEST TIMES ARKANS AS ANSAS ENGAGEMENTS: Owen -Bedford Northwest Arkansas Times Posted on Sunday, December 18, 2005 Email this story I Printer -friendly version 191 ski 4. Natisha Nicholie Owen and Jason Alan f, Bedford, both of Springdale" Ian to -m r at • ,m.�&r30 2005„ Twin Cedars Barn at Pratt Place in Fayettev . J The bride -elect is the daughter of Dawnetta and Tim Owen of Springdale. She is the granddaughter of Don Moore of Alma (t Sharlene Smith of Antlers, Okla., and Bev Owen of Gridley, Calif. She is a graduate of the Vanderbilt University School of Nursing in, Nashville, Tenn., and is a licensed practical nurse at Washington Regional Medical Center in Fayetteville. The prospective groom is the son of Tonya and Stan Bedford of Springdale. He is the grandson of Ercile Irion of Abilene, Texas, the late Richard Irion and the late Mary Jane and Rev. T. R. Bedford. He serves on the board of directors for Bedford Camera & Video and oversees several stores in Northwest Arkansas and Little Rock. (FEEDBACK: Something to say about this topic? Submit a Letter to the Editor online I Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact Us http://www.nwarlctimes.com/story. php?paper--nwat&section=Announcements&storyid=3... 11/15/2006 Page 1 UNArkansas emocrat ; 'f�� (��r�zetteartAwest Arkansas Mew= Sourzc ' ' ENGAGEMENTS Arkansas Democrat -Gazette Northwest Edition Posted on Sunday, November 20,.20 URL: http://www.nwanews.com/adg/announcements/137064/ Weaver -Kennington SPRINGDALE — Mary Elisabeth Weaver and Michael Brent Kennington, both of Fayetteville, plan to marry at 7 p. m. Saturday, Jan. 7, at the chapel at the Harvey and Bernice Jones Center for Families. Weaver is the daughter of Cathy and John Weaver of Fayetteville. She is the granddaughter of Hibernia Weaver, also of Fayetteville ; the late Lester Weaver; and Georgia and James Deane of Temple Terrace, Fla. She is pursuing a bachelor's degree in history at the University of Arkansas. Kennington is the son of Darlene and William Kennington of Tyler, Texas. He is the grandson of Violet Rowland of Sumter, S. C. ; John Weible of Myrtle Beach, S. C. ; and the late Sadie and Vernon Kennington. He has a bachelor's degree in mathematics from the UA and works as a case manager for Claims Management Inc. in Rogers. Trumbo-Cangelosi FAYETTEVILLE — Tanner Holland Trumbo of Fayetteville will become the bride of Cory Douglas Cangelosi of Mandeville, La., at 2 p. in. Saturday; Dec 3i at Archer Barn. Trumbo is the daughter of Karen and Trey Trumbo of Fayetteville. She is the granddaughter of Jan Trumbo, also of Fayetteville ; the late Don Trumbo; and Sue and William Harlin of Gamiel, Ky. . She is pursuing a bachelor's degree in early childhood education from the University of Central Arkansas in Conway. Cangelosi is the son of Melanie Johnston of Mandeville and Dale Cangelosi of Baton Rouge. He is the grandson of Jerry Johnston of New Orleans; the late Joan Johnston, the late Peggy Spacy and the late Theo Cangelosi. He is pursuing a bachelor's degree in business and communication from UCA. Taldo- McAfee SPRINGDALE — Megan Suzanne Taldo and Jared Dean McAfee, both of Springdale, will unite in marriage at 7 p. m. Friday, Dec. 30, at St. Raphael's Catholic Church. Taldo is the daughter of Mary Ann and Philip Taldo of Springdale. She is the http://www.nwarktirnes.com/adg/announceinents/i37064/print/ 11/15/2006 gX n M1 a �� A,a I ( t I i / a - I! l f. M1.• • l: a I' I \ x '. 3ei�bZ K"��.. .� _:1Siv 3 �'. «-• � / ... .<`ZR1� '{ 1 ArkansasNews Source Page IofI O Anewsscom l�ii{AAR �> l z TIME'S nforthwesrArkdrsas'NewsSource l°1SA3 ENGAGEMENTS: Wray -Stephens Northwest Arkansas Times Posted on Sunday, May 14, 2006 URL: http:/&vww.nwanews.com/nwat/Announcements/40658/ Allison Lynn Wray of Fayetteville and Jay Stephens of Bentonville plan to marry at 6 p.m. May 2722006, at Pratt Place Barii at Sassafras Hill'in Fayetteville. The bride -elect is the daughter of Becky and Curtis Wray of Fayetteville. She is the granddaughter of Maxine McNair of Prairie Grove, Mary Margaret Wray of Fort Smith, the late Charles McNair and the late Benton Wray. She is the owner of AlliCat Designs Jewelry. The prospective groom is the son of Phyllis and Jim Stephens of Fort Smith. He is the grandson of L. J. Stephens and Daisy Akins, both of Fort Smith, the late Sue Stephen: and the late Hollis Akins. He works as a sales and service representative at Sofa Mart in Springdale. Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact: webmaster@nwanews.com http://www.nwark-tiines.com/nwat/Announcements/40658/print/ 11/15/2006 NWVAnews.com :: Northwest 1'c r h`to ,fir cu x'S ��. � (. a Sunday, November 12t,2006 1 Weather: MJSUNNY 55 F Classifieds I Jobs I Obits I Business Directory Search Homepage Replica Edition :News Northwest Arkansas NWA Crime Report US & World News Gridlock Guru Sports ADG Sports WholeHogSports Northwest Outdoors Business Business Business Matters Opinion Opinion Sunday Perspective Style Style Family HomeStyle Food MovieStyle What's Up! MORE Northwest Profiles Religion Travel Books Wal-Mart Coverage ANNOUNCEMENTS llhih..nnoc Search browse by date Sun, Nov 12, 2006 . in ADG-NW Pardners raise sizzling sum for Rebuilding Together — Cyd King Posted c -n Sunday. AC9USt 27, 2006 Email this story I Printer -friendly version FAYETTEVILLE — A little sweat never hurt anybody, Dick Trammel said to a • panting crowd of 300 or so guests and volunteers at theeAug. 19"; Diamond$, Denim and Dice,"the first large-scale fundraiser for Rebuilding Together of Northwest Arkansas. "Don't worry about sweating. Cowboys sweat," Trammel said with a laugh. The party was held at'Prat€Place Barn at Sassafras Hill, a rustic, but regal structure on a picturesque patch of land at the end of Markham Road. The barn was the perfect place for such a casual affair, even if it was surface -of -the -sun hot and humid to boot. Guests entered through a white tent and joined a buffet line that included smoked ribs, chicken and pork, plus miscellaneous fare from participating restaurants and caterers, such as A Fare to Remember, Panera Bread and Susan's restaurant. Wine from Altus - based Post Familie Vineyard and beer were also served. Dinner music was by an acoustic duo, Flip and Kelly. Once inside.the barn, partygoers tried their hands at casino games Including blackjack and roulette. At sunset, Trammel led a live auction that included a 14 -karat white gold necklace with diamonds La...!i......., nii,ann.a,c rnmla,lo/Nnrthwect Profiles/ 164802/ 11/12/2006 Page 2 of 2 Vv.aVu..'..) Weddings, Engagements, Anniversaries Births — Tools & Information Contact Us Place a Classified Ad Subscribe to the Print Edition Web (RSS) Feeds O Print and Web Advertising Rates Newspapers in Education (NiE) Special Sections Wal-Mart Coverage NWA Churches Visit Eureka Springs Real Estate Hungry? ADVERTISING au me way arouna jr.. i ne piece, oonateo oy rerry s rive Jewelry and Gifts, went to Debbie Pianalto for $ 5, 500. Pianalto also paid $ 2, 000 for a Western playhouse donated by The Cabins at Big Springs. All told, the auction brought in nearly $ 10, 000. With the business of the evening over, guests spent the rest of the night dancing to the music of Tulsa's Mary Cogan Band. Organizer Donna Hamilton with Image Builders said the party was expected to net around $ 50, 000 — a healthy sum for a first-time fundraiser. Diamonds, Denim and Dice Chairman Lynn Markel had said the purpose of the event was to create awareness for Rebuilding Together, whose programs help low-income disabled and elderly homeowners with repairs they can't afford. Diamonds, Denim and Dice Aug. 19 WHAT: A fundraiser for Rebuilding Together of Northwest Arkansas WHERE: Pratt Place Berri on Sassafras Hill, Fayetteville THE LOOT: About $ 50, 000 CHAIRMAN: Lynn Markel FEEDBACK: Something to say about this topic? Submit a Letter to the Editor online Copyright p 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact Us http://www.nwanews.com/adg/Northwest_Proftles/164802/ i l it 7i')nn6 Page 1 of 2 WAnewsecom Not h yest Arkansas' Nees Source Wednesday, November 15, 2006 1 Weather: RAIN 45 F Classifieds I Jobs I Obits 1 Business Directory Search Homepage Replica Edition News Northwest Arkansas NWA Crime Report US & World News Gridlock Guru Sports ADG Sports Whole Hog Sports Northwest Outdoors Business Business Business Matters Opinion Opinion Sunday Perspective Style Style Family Homestyle Food MovieStyle What's Up! MORE Northwest Profiles Religion Travel Books Wal-Mart Coverage ANNOUNCEMENTS llhil, ur< Search Browse by date Wed, Nov 15, 2006 in ADG-NW Arkansas Democrat aM Gazette Date Arkansas Democrat -Gazette Northwest Edition. Posted on Sunday, September 10,'2000-� Email this story I Printer -friendly version Saturday — The 2006 Polo in the Ozarks fundraiser for Life Styles Inc. will be held at the farm of Donna and Dr. Brian Buell in Goshen. The polo match, tailgate parties and silent auction will start at 4: 30 p. m., followed by dinner, a live auction and music by Foxy. Advance tickets for all the activities are $ 60 each. More information is available at (479.) 521-3581. Saturday — Associated Builders and Contractors of Arkansas will host the second Star of the Ozarks, a benefit for Ronald McDonald House and Children's House. The black -tie event, beginning at 7 p. m. at the John Q. Hammons Convention Center in Rogers, will feature dinner, a silent auction and dancing. Guests are encouraged to dress for the theme; "Pirates of the Ozarks." Tickets are $ 125. More information is available at (479 ) 725-0378. Saturday — The 2006 Walk to Cure Juvenile Diabetes will take place at the University of Arkansas. Check -in for the 5 K walk begins at 8 a. m., and the walk begins at 9: 30 a. m. at Bud Walton Arena. More information is available from Deb Euculano, special events coordinator for the Northwest Arkansas branch of the Juvenile Diabetes Research Foundation, at (479 ) 443-9190. Saturday — The Benton County Memory Walk, a fundraiser for the Alzheimer's Association, will be held at Lake Bella Vista Trail in Bella Vista. More information is available at (479 ) 855-2288. http://www.nwarlctimes. com/story.php?paper=adg&section=Northwest_Profiles&storyid... 11/15/2006 Source Page 2 of 2 v VILUVI IVJ -�1 S_ept.,22 — The second annual When Pigs Fly, a fundraiser for the Weddings, Engagements, Anniversaries Ozark Food Bank, will begin at 6: 30 p. m. at^Pratt Place Barn at - Sassafras Hill in Fayetteville. The event includes a barbecue dinner, Births music, door prizes and silent and live auctions of decorated Tools & Information I ceramic pigs. Tickets are $ 40. Sponsorships are also available. Contact Us i The speaker will be John Menzer, and music will be by The Liar's Place a Classified Ad i Club. More information is available at (479 ) 872-8774, Ext. 204. Subscribe to the Print I Edition Sept. 22 — The Pay It Forward Gala, an event to benefit the Web (RSS) FeedsZ3 I planned Bob Kraynik Community Sports Complex in Fayetteville, Print and Web will be held from 6: 30 to 1.1 p. m. at the Fayetteville Town Center. Advertising Rates I Local sports dignitaries are expected to attend in honor of the late Newspapers in Education Bob Kraynik, former physical education coach at Vandergriff (NiE) Elementary. More information is available at (479 ) 530-9422 or Special Sections (479 ) 587-8494. Wal-Mart Coverage Sept. 28 — The Arkansas Sheriffs' Youth Ranches will conduct the NWA Churches 11 th annual Arkansas Children's Award dinner beginning at 6 p. Visit Eureka Springs ( m. at the John Q. Hammons Convention Center in Rogers. The Real Estate recipient of this year's Children's Award is University of Arkansas Hungry? Chancellor John A. White. Tickets are $ 150 each or $ 1, 500 for a ADVERTISING I table of 10. More information is available at (870 ) 793-6841. Sept. 30 — The annual Taste of the Ozarks, a benefit for Big Brothers Big Sisters of Northwest Arkansas, will be held from 7 to 10 p. m. at the Fayetteville home of Glenda and Ron Milam. Tickets are $ 75 each. More information is available at (479 ) 756-5683. Send information about fundraisers and social events to Cyd King at cking@arkansasonline. com FEEDBACK: Something to say about this topic? Submit a Letter to the Editor online ------------------------------- I Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. Contact Us http://www.nwark-times.com/storv.php?paper—ad.g&section=Northwest Profiles&storyid 11/15/2006 �lll�lnew cam �.... ..... DMLI jam,`Vjw RoGr:Rc • EDITION A[oil Iye r �aF.ansas' News Snun2e ENGAGEMENTS: James -Carnahan to marry Benton County Daily Record Rogers Edtion Posted on Sunday, September 17, 2006 URL: http://www.nwanews,com/brog/Announcements/39292/ Laura and Andrew James of Bella Vista are pleased to announce the engagement and approaching marriage of their daughter, Amy Beth James of Little Rock, to Brian Douglas Carnahan, also of Little Rock. The couple plan to marry at 4 P. m. Saturday,'Oct. 28, 2006, at Anther Barn in Fayetteville. The bride -elect is the granddaughter of Carolyn and Bob Miller of Bella Vista, and Joan and. Roger James of Raymore, Mo. She is a 2000 graduate of Faith Christian Academy in Arvada, Colo., and a 2005 graduate of the University of Arkansas with a degree in architecture. She is employed with Fennell, Purifoy and Hammock Architects in Little Rock. The prospective groom is the son of Vicki and Doug Carnahan of Joplin, Mo. He is the grandson of Kathleen Bell of Perrysburg, Ohio, and Ruth and Martin Carnahan of Jamestown, N.Y. He is a 2000 graduate of Joplin High School and a 2005 graduate of the University of Arkansas with a degree in architecture. He is employed with Jameson Architects in Little Rock. Copyright © 2001-2006 Arkansas Democrat -Gazette, Inc. All rights reserved. T I Contact: webmaster@nwanews.com http://www.nwarktimes.com/brog/Announcements/39292/print/ 11/15/2006 JOHN G. WILLIAMS 140 north sang avenue, fayetteville, arkansas 72701 (479) 442-4317 p.u. 3t c 11w —fl I t1 6n nat frflefr, { .ytcat&M of iAt �a1 -ems NJat.lcl�aa,.. sL?tzea� aw^ dcowvvw� oa D4 n&4 .,c,- gr an z e c. Led lticsv 2 7, 2 U C/ G . jk6%Lccwr • Additional Materials and Drawings Describing Street, Drainage and Sidewalk Cross -sections for Consideration Markham Road Archer Vacation Appeal ADM 06-2289 City Council December 19, 2006 I 301jd0 S,Nk131J Ai10 3T11101J3M3 40 "0 LQ3j\3O313 9002 � 133Q S December 14, 2006 To Members of the Fayetteville City Council: At this point there are three options available for Markham Road east of Sang Street: The Planning Commission's decision to construct curb, gutter, storm sewer, and a 5' sidewalk on the south side of Markham. This is the most invasive option, involving the cutting down of a majestic oak that is one of the three or four finest trees on the entire property, as well as several other very tall trees to make way for the 5' sidewalk which will never be used. It is also the least compatible with the natural setting. Finally, it provides for a two-way street which makes it one of the most dangerous segments of street in Fayetteville, for reasons to be explained. 2. Vacation of the sidewalk: Similar to option 1., except that the sidewalk would weave through the woods on the north side so as to avoid most, if not all trees. It would also be more compatible with the setting, though it, too, would never be used. The two-way road, hazardous to both vehicles and runners, would remain. 3. Vacation of the segment of Markham Road west of Sang to the top of the hill. • This would permit us to make that segment of Markham one way, with a 12' lane for vehicles and a clearly marked 8' lane for the runners and joggers whom we permit to run on our property (apart from these there is no foot traffic on that part of Markham whatsoever since it leads only to our property). Following are the reasons why this is the best solution, and we respectfully ask you to pay close attention to these points because your decision will be consequential in impacting the very real safety question on this city street, while at the same time preserving the wooded beauty that makes Markham Road special. One-way streets are safer than two-way streets for the obvious reason that traffic is going in the same direction instead .of opposing directions separated by a line. This part of Markham has a steep (17%) grade which has resulted in innumerable accidents, particularly at the junction of Sang and Markham, due primarily to vehicles heading east too fast down the steep hill and colliding with vehicles entering Markham from Sang, often because the driver of the latter failed to look to the left (west). Add to this, icy winter conditions in which vehicles start to slide on this steepest part of Markham and in trying to right themselves, apply the brakes which causes them to skid off the road or, worse, collide with a vehicle entering Markham from Sang. These are actual scenarios which we have witnessed many times, and they can be counted upon to happen with every winter storm. It's even worse on Sang, perhaps because of the curves and a blind curve in front of John Williams' house. We have • rescued many vehicles with our four-wheel drive car. There is an easy • solution to this accident prone section of Markham —simply make the street one-way up the hill from Sang to link up with our one-way circuit through Pratt Place, with a lower grade (10%) exit on Evangeline Lane, better traction on gravel, and no possibility of running off the road. You alone have the power virtually to eliminate these perennial accidents. • Neither the Solid Waste Dept. nor the barn event caterers and suppliers have any problem whatsoever with our one-way circuit and, in fact, prefer, to which the letters from four of them, which we have given you, attest. • An 8' running lane on a one-way street is the only responsible choice for the welfare of the runners as well, and, as you have heard directly from them, is the strong recommendation of John McDonnell, U. of A. head track coach, and Kelley O'Meara, Fayetteville schools head track coach. They have also told you that their runners will not use a sidewalk. Therefore, if you choose to keep upper Markham two-way, they will continue to run on that instead of having a far safer running lane just for them. • Guests at the Inn will have no reason to walk on Markham Road except perhaps to walk to the football games, at which time there is zero vehicular traffic from Sang west, and virtually none from Cross to Sang. They, too, would not use a sidewalk when there is a 20' EMPTY street all the way down to Cross Avenue. And east of Cross, traffic moves very slowly before and after football games. Apart from ballgames, guests will have access to Pratt • Place's miles of lovely trails through the woods for walking. • A one-way street would not require the destruction of a single tree for a sidewalk. • Instead of curb and gutter and storm sewer which would disturb the rural integrity of the setting, an Arkansas fieldstone -lined swale on the south side of upper Markham —which the Planning Commission approved for the north side --clearly would blend in much better. If you approve vacation of upper Markham, this really should be our choice to make. We have spent thousands of dollars on drainage studies and a state-of-the-art drainage swale designed by the eminent engineering firm of Crafton Tull which will handle the drainage just as well as a storm sewer. And we are willing to bear the considerably higher cost of a handsome rock -lined swale. • We hope that you will not take the "engineering" advice of any of certain neighbors over that of the professional engineers and design experts of Crafton Tull and approved by the city's engineering staff. • The behavior of some of our neighbors has been and continues to be unconscionable. If being good neighbors, responsible land stewards, and generous property owners are crimes, then these neighbors' relentless efforts to discredit us and sabotage the Pratt Place Inn project are justifiable. This has to be coming from some very dark place, and we can only hope that you will base your decisions on the facts and not a vendetta of innuendo, misinformation, and ignorance. As for Ms. Farris' packet on our barn usage, those events were entirely permissible, and in the case of the charity events, were worth • thousands of dollars as in -kind donations from us. We have had an excellent working relationship with Steve Cateano and the Fire Dept. regarding the barn all along. Ms. Farris has referred to the numerous neighborhood meetings called to discuss the Pratt Place Barn and inn, yet never once have they invited us to explain anything and show them our plans. We always considered our proposals to be sensible, beneficial, and acceptable to practically everyone. How wrong we were! So we have sent out invitations to a neighborhood meeting at our house on Monday, December 18, and invited Shirley Lucas and Lioneld Jordan. A copy is enclosed. Whatever fate you decide for upper Markham, please be mindful that we and the Pratt Place Inn are the ones most affected by that decision since that section of road is entirely within our property; we are the only ones who are going to pay 'to bring it about; we are the ones whose family has lived here and preserved this property for 111 years; we are the ones who have a long track record of preservation, responsible and voluntary land stewardship, and aesthetically enhancing neighborhood improvement --all of which have benefited not only us, but the neighborhood and the city. There are commercial and residential property owners who do not do the right thing for the environment, etc. We are the antithesis of those. Realizing that the options you have before you for our Markham Road vacation request can be quite confusing, we have had our engineer at Crafton Tull prepare cross - sections of the various possibilities we would like you to consider, in case we have failed to convince you of the above. Copies are attached to this letter. We hope that this visual rather than verbal description will help clarify the nature of our request. They are ranked in order of preference from one through five, with options 1-3 as the possible ways to handle the vacation. If it is the Council's desire to have a sidewalk, we ask that it be on the north side of Markham. These choices are options 2 and 3. Perhaps we have not made it clear, but for a number of months now our engineers have been doing drainage studies, watershed calculations, and road, storm sewer, culvert, and inlet box calculations and these have been drawn up and submitted to city staff. They have been reviewed and returned to our engineers, appropriate changes have been made, and they will be returned to staff for further (and final?) review tomorrow. The residents along Sang Street are justified in their concern about proper culverts with suitable inlets, but somehow they have missed the fact that we already are required to design and install at our expense at the intersections of Markham and Sang, Evangeline Lane, and Cross storm water passages with inlet boxes, rather than an open mouthed culvert, that can handle the water of the 100 year storm. We have attached to this letter copies of the engineering design for these three street intersections which, it should be understood, will not be affected by having Markham west of Sang vacated. If the Council wishes, this vacation can be granted with the proviso that the city can repossess the road at any time, for any reason, at no charge. • What you have before you is a proposal that is a win -win situation FOR EVERYONE —the city, the taxpayers, the neighborhood, the inn, the runners, the vehicles, the trees and the environment. r Jane and Alitn Archer • • I oz U)a 01 •/ 4 I. W60 .` .� _ __ N Z } W } _ _� I o J m iLU '-It • Q /i1 t in n \ \ mm / d yl• ^ "H. \ z � U, w w b U 00 Ito U U LiJ ✓I 0 0 � m a A ^ W a3Soaoad d Z� o UI z \ Q a a • < CJ --b ONLLSIX3----- - - z i -- `r'uj 3� S a fn- rc' p. OC. U '�� IV 1'�W v2(J A✓ OIiJ 4 yr \ .i�}�y I E t /j y""r I ado / . it / W W p f / 9 az 1, ll�`--'��\`NmO J Aly it �I �i• � I: V\ I KWUOC' O W O J V 6 1N +` r • � m 2 I • f,l 7.: :fl• • 1J 6 r .- to Z O v J � N Q K Tt KrN U N FE 0 3 W O o U 1 >_ N N O N 1 \ J w < QWdoad • a d z m '°" 3 dSo- oD O�oa a<� 9NI1SIX3 z �\ W K' _ ___ y - O V h d V N Dow tV ow 00 • e! ` i woz o zj NON • ' y,' 6 U I � � :? . � D W U' I -- (fl 63ZW 1 i ZNZm d'W4L- ' o�m N d' � N � N U JW N h \ \ Nm ill I �I �i �.. • a z ` ' ��lm Zw �vin �ON l :', 2.� . o Ica IiNON a ! I QZ 2 V Lt W � I W \ [V , 5 N � C O O =O w c U U W Z o w OONZ ON ¢Z �¢ \ LL m n VpV 4L NA N O 0$OdONd o a Z G o N 6 \ Z ii K6U K 6 3 2 m� O_aaw ONllSIX3 ,.\ • a O IV , KU 06210 ()zc�i'aa Om rr i •i• ` f S K c %l ate. 1`'-% ?' � N 1 I )..-.\ m�e • .4� in f I ��o I 7r Mwz oo� I I fY� m I a • • December 8, 2006 To the residents of Sassafras Hill and Haskell Heights; As you know, we have submitted a request to the Fayetteville City Council for the city to vacate (that is, return to us) the portion of Markham Road from Sang to the top of the hill, a section approximately 400' long that dead ends where the road forks to Pratt Place on the left and a cottage on the right. Our proposal to the city provides for widening the road to 20' and creating swales on either side with a width and depth that will handle the water runoff of a 100 -year rain, yet be shallow enough not to pose a danger. These swales would be lined with Arkansas fieldstone to prevent erosion. In addition, the road west of Sang would have a 12' westbound automobile lane and a clearly marked 8' runners' lane. We believe this • handling of the dead end portion of Markham Road is the most beneficial one from all perspectives: it protects the trees on both sides of the road, preserves the natural and rural look of the road, and it provides the runners with a section of the road devoted exclusively to them. Apparently there is a great deal of confusion surrounding our proposal; what the city staff has proposed; what the Planning Commission has approved for Markham Road from Cross westward; and the placement and size of curbs, gutters, sidewalks, storm sewers, culverts, and Arkansas fieldstone lined swales. We would be pleased to have you to come to our house (2115 Markham) on Tuesday evening, December 12, at 7:30 p.m. to discuss any or all of these matters and to put forth your concerns and/or suggestions. Jane and 1u}rij.Archer If for some reason you cannot attend this meeting, please telephone us (582-5443) and we will try to arrange a mutually convenient time to get together. • LC -13-2e'06 11:10 From: 4795T59295 To : T9253 P.1.1 l G///G1cv& 7 rr l 7 / U f"_ peA7?_ • 1374 Carley Road o PO Box 6275 ❑Springdale. AR 72766 Phone 479.750.898! C Fax 479-750-8095 o Email (estiviue vsb globalecc • ., i➢EC-14-2006 12:55 PM INTENTS 4799T3Q 16^o P01 December 14, 2006 To Whom It May Concern This letter is in support of the road construction circuit at the Pratt }3; rn with an exit from Evangeline Lane. As a supplier we feel that this is a safer flute for delivery, in particular during the winter months. • Thank you for your time and cooperation. Sincerely, Bart Vollmer Owner Intents, Inc. • IcKflK'r.lIP1• :• - *j - From: Clarice Pearman To: Pate, Jeremy Date: 12.21.06 5:27 PM Subject: Re: VAC 06-2289 Archer CC: Smith, Sondra Hey guys, Someone to needs to get to me the correct Exhibit A and a.s.a.p. I have already sent the ordinances to the newspaper for publishing and the legal description is what is attached. I will get the proofs in the morning so please let me know what is the correct Exhibit "A" to be attached. Thanks. Clarice >>> Jeremy Pate 12.21.06 2:46 PM >>> I've attached what I think Kit is referring to Exhibit "A." Please confirm with him, but I believe the legal description Exhibit "A" originally emailed from Judy needs to be deleted, and this inserted in its stead. Thanks, Jeremy Jeremy C. Pate Director of Current Planning City of Fayetteville 479.575.8267 (12.21.46) Clarice Pearman - VAC 06-2289 Archer Page 1 From: Jeremy Pate To: Housley, Judy; Pearman, Clarice Date: 12.21.06 2:46 PM Subject: VAC 06-2289 Archer Attachments: VAC 06-2289 Archer Exhibit A.pdf I've attached what I think Kit is referring to Exhibit "A." Please confirm with him, but I believe the legal description Exhibit "A" originally emailed from Judy needs to be deleted, and this inserted in its stead. Thanks, Jeremy Jeremy C. Pate Director of Current Planning City of Fayetteville 479.575.8267 (1.21.06) Clarice Pearman - Fwd Re: Passed ordinances and resolutions Page 1 From: City Clerk To: Pearman, Clarice Date: 12.21.06 4:58 PM Subject: Fwd: Re: Passed ordinances and resolutions City of Fayetteville City Clerk's Office 113 W. Mountain Fayetteville, AR 72701 479-575-8323 >>> Jeremy Pate 12/21/2006 1:46 PM >>> Judy, The only problem that I see with VAC 06-2289 (Archer) is that the ordinance refers to Exhibit "A" Cross Section as a Option #4 drawing, and the ordinance that was emailed is an Exhibit "A" that has a legal description. I haven't seen a revised Exhibit "A" Cross Section. -Jeremy Jeremy C. Pate Director of Current Planning City of Fayetteville 479.575.8267 >>> Judy Housley 12/20/2006 3:50 PM >>> Attached please find the ordinances and resolutions that passed at last night's city council meeting. Judy P.S. Jeremy, Kit wants you to please check VAC 06-2289 (Archer) and make sure that the language is as approved last night. Thanks. (12.22.06) Clarice Pearman - 4961 2x6.5.pdfPage 1 AN ORDINANCE APPROVING VAC C6-228 SUB- MITTED BY CRAFTON TULL & ASSOCIATES FOR PROPERTY LOCATED AT THE WEST END OF MARKHAM, WEST OF SANG AVENUE, VACATING THE PORTIONOF THE RIGHTOF-WAY SOUTH OF THE SIDEWALK 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 forcor- p orate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described utility easement: See Exhibit"A" Cross Section shown on Option 4 attached hereto and made a part hereof. Section 2: That a copy of this Ordnance duly certified by theCity Clerk along with the map attached hereto and labeled Exhibit "B" shall be filed in the office of the Recorder of the County and record- ed in the Deed Records of the County. Section 3: That this vacation approval is subject to the conditions of approval as follows, and shag not be in effect until all conditions are met herein. 1. The street improvements for the Pratt Place Inn (Condition of approval No. 1 for LSD 06-2195) shall be modified to require the streetportion of Markham to beimproved to 20 feet of pavementwith a ditch on the north side sized for the appropriate design storm and lined with native stone, and the south side shall be curb, gutterand storm sewer. 2. The sidewalk shall be located on the south side of Markham Street mainly within the right-of-way, but may meander outside the right-of-way to avoid large trees, and shall be constructed of asphalt and with its location and construction approved by the City Engineer. The applicant shag grant an access easement to theCity for any portion of sidewalk that lies outside the current right of way. 3. ExhbitA is slightly modified to conform with the two above conditions. 4. Any relocation of existing utilities within the Markham Road right-of-way to bevacated shag be at the owner/developer' s expense. 5. Access to continue existing sold waste service along Markham Road, and future solid waste service to the PrattPlace Inn shall be provided. PASSED and APPROVED this 19th day of December, 2006. APPROVED: ATTEST: By: T N COOD ,Mayor SON DDRA SMITH, City Clerk/Treasurer EXHIBIT"A" VAC06-2289 A PARTOF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 114 OF THE NE 1/4) AND A PARTOF THE NORTHEAST QUARTEROF THE NORTHWEST QUARTER (NE 114 OF THE NW 1/4) OF SECTION SEVENTEEN (17), TOWNSHIP SIXTEEN NORTH (1WP. 16 N.), RANGE THIRTY WEST (RNG. 30W.), CITY OF FAYETTEVI LLE, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGATTHE NORTHWEST CORNEROFTHE SE 1/4OFTHE NW1/4 OFSEC11ON17, 1W'. 16 N., RNG. 30 WAND RUN THENCE N02°40'29"E 7.06 FEETALONG THE WEST LINE OF THE NE 1/4 OF THE NW114 OFSAIDSECTION 17; THENCE See°5931"E 379.79 FEET ALONG A LINE 10 FEET NORTHERLY FROM AND PARALLEL WTH THE CENTERUNE OF PAVEMENTOF MARKHAM STREET; THENCE S04°5O28'W 40.02 FEETALONG A U NE 20 FEET WESTERLY FROM AND PAR- ALLEL WITH THE CENTERLINE OF PAVEMENT OF SANG STREET PROJECTED; THENCE N86`5931'W 378.28 FEET TO THE WESTUNE OFSAID SE 1/4OFTHE NW 1/4 OFSECTION 17; THENCE N02°40'29'E 32.95 FEETALONG SAI D WESTU NE OF THESE 1/4OF THE NW 1/41O THE POINT OF BEGINNING,CONTPINING APPROXIMAIELY15161.33 SQ. Fr. OR 0.35 ACRES, MORE OR LESS. 1S Exhibit "B" is a map and may be viewed in the city clerk's office during normal business hours. ---P (12.27.06) Clarice Pearman Ord.4961 age 11 From: Clarice Pearman To: Pate, Jeremy Date: 12.27.06 5:15 PM Subject: Ord. 4961 Attachments: 4961 VAC 06-2289 Exhibit B.pdf; 4961 VAC 06-2289 Exhibit A.pdf; 4961 VAC 06 -2289.pdf CC: Audit Jeremy: Attached is a copy of the above ordinance passed by City Council, December 19, 2006 regarding VAC 06-2289. Please let me know if anything else is needed for this item. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk(Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us NORTHWEST ARKANSAS EDITION • Benton County Daily Record P.O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE: 479-571-6415 AFFIDAVIT OF PUBLICATION I, Karen Caler, 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 4961 Was inserted in the Regular Editions: January 25, 2007 Publication Charge: $137.15 Subscribed and sworn to before me Thi5day of912 ¶9_-, 2007. Notary Public 2t1) Sharlene D. Williams My Commission Expires: Notary Public State of Arkansas My Commission Expires October 18, 2014 RECEIVED JAN29 9 2007 CITY OF FAYETTrA CITY CLERK'S orF,:; UHOINANUE MU. 4951 AN ORDINANCE APPROVING VAC 08-22&9 SUB- - • MATTED BY LOCT E TOLL f. ASSOCIATES FOR ..FCaAlUPROPERTY LOCATED AT THE WEST END OFTHE PORTION OF OF SANG AVENUE, OUTH N FTHE PORTION OF THE RIG1TTdF-WAY SOl1TH OF THE SIDEWALK WHEREAS, the City Council harehasthe authority under A.C.A. § 14 -and .. to vacate public grounds or portions thereat tit Council ure not rs deter far d that th porposeg detl i be. t WHEREAS, the Ciry tqhas for ctrorate that the fotbwing described portion of the platted street right-of-way is not required corporate purposes; f 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" Cross Section shown on Option 4 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 "8shall be Aped in the office of NB Recorder of the County and record- ed 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 street improvements for the Pratt Place Inn (Condhlon of approval No. 1 for LSD 06-2195) shall be modified to require the street portion of Madtham to be Improved to 20 feet of pavement with a ditch on the north side sized for the appropriate design storm and lined with native stone, and the south side shall be curb, gutter and Storm Sewer. 2. The sidewalk shall be located on the south side of Markham Street melny within the right-of-way, but may meander outside the right-of-way to avoid large trees, and shall be constructed of esphaf and with its location and construction approved by the City Engineer. The applicant shall grant an access easement to the City for any portion of sidewalk that lies outside the current right of way. 3. Exhibit A is slightly modified to conform with the two above conditions. 4. Any relocation of existing utitities within the Markham Road right-of-way to be vacated shall be at me owner/developers expense. 5. Access to continue existing solid waste service along Markham Road, end future solid waste service to the Pratt Place Inn shall be provided. PASSED as APPROVED this 191h day of December, 2006. APPROVED: ATTEST: By: By DAN COODY, Maym SONDRA SMITH, City CIs.kmnslmr EXHIBIT'A" VAC 06-2289 OF THE NORTHWEST QUARTER (SE 114 OF THE NE A PART OF TI OF SECTION 114 OF THE NW 1/4 OF SECTION 17, TWP. FEET ALONG THE WEST LINE OF THE NE 1/4 OF SAID FROM AND 4E OF THE SE 1/4 OF THE 15161.33 SO. FT. OR 0.35 Exhibit "B"Is a nap and maybe vbwN In the city- ckrlulreasureh office during normal business hours. RECEIVED JAN 29200? CITY OF FAYETTE\ CITY CLERK'S O'r•m.