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Washington County . AR
Bette Stamoe Circuit Clerk
F11e2007-00032799
ORDINANCE NO. 5050
AN ORDINANCE APPROVING VAC 07-2638 SUBMITTED
BY PETER (TRIPP) AND BRANDY ESTES FOR PROPERTY
LOCATED AT 2350 BIG OAKS DRIVE TO VACATE A
PORTION OF A DRAINAGE EASEMENT 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 drainage easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described drainage easement:
See Exhibit "B" 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 "A" 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 proposed easement vacation shall apply to the drainage easement only. All other
existing easements shall remain in force.
2. Any relocation of existing utilities shall be at the owner/developer's expense. �.�`'�RK/TR '
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PASSED and APPROVED this 7a' day of August, 2007.
FAYETTEVILLE •
APPROVED:, ATTEST:
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By: By:
DAN COODY, May SO DRA E. SMITH, City Clerk/Treasurer
EXHIBIT lo
DRAINAGE BASBMRIVT
ABANDONMENT
for
TRIPP &BRANDYESTES
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Lot 6 in Black 18 of the Eat Oak+
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EXHIBIT `B"
VAC 07-2638
A PART OF LOT 6 IN BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT THAT IS S89043'01 "W 12.50 FEET FROM THE SOUTHEAST
CORNER OF SAID LOT 6, AND RUNNING THENCE S89043101 "W 55 .00 FEET ALONG
THE SOUTH LINE OF THE SAID LOT ; THENCE LEAVING SAID SOUTH LINE AND
RUNNING N00036'05"W 99.75 FEET TO THE NORTH LINE OF SAID LOT; THENCE
N89031 ' 15"E 15.74 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH
LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE THE FOLLOWING:
S14029' 16"E 15 .25 FEET, S35036'54"E 27.58 FEET, S0102812511W 4.56 FEET, S440371611E
28.70 FEET TO THE WEST LINE OF A 12.5 FOOT WIDE CITY OF FAYETTEVILLE
UTILITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING
S00036'05"E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING,
CONTAINING 0.09 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS .
City of Fayetteville I � � C7
Staff Review Form
City Council Agenda Items 5v 5O
or VAContracts
7-Aug-07
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 07-2638: (Estes, 332): Submitted by Peter (Tripp) and Brandy Estes for property located at 2350 Big Oaks Drive. The
request is to vacate a portion of a drainage easement within the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
�7 � Previous Ordinance or Resolution # n/a
Department ( to Original Contract Date: n/a
Original Contract Number: n/a
7 � ig �07
City Attorney
Received in c Office
Finance and Internal Service Director Date
L ;4 l / Received in Mayor's Office
Mayor Date
Comments:
City Council Meeting of August 07, 2007
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: July 10, 2007
Subject: Easement Vacation for Estes (VAC 07-2638)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating a portion of a drainage
easement located at 2350 Big Oaks Drive.
BACKGROUND
The subject property is located at 2350 Big Oaks Drive and is zoned RSF-4. The
property was platted as part of East Oaks Addition Phase I1 with a 55' drainage easement
along the east property line.
The applicant requests vacating a portion of the 55' drainage easement to allow for an
expansion to the east side of the residence.
DISCUSSION
Notification was provided to all appropriate utility representatives and to the City. This
item was heard on consent at the regular Planning Commission meeting on July 9, 2007.
The Planning Commission voted 8-0-0 to recommend this vacation request to the City
Council.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 07-2638 SUBMITTED
BY PETER (TRIPP) AND BRANDY ESTES FOR PROPERTY
LOCATED AT 2350 BIG OAKS DRIVE TO VACATE A
PORTION OF A DRAINAGE EASEMENT 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 drainage easement is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following described drainage easement:
See Exhibit "B" 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 "A" 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 proposed easement vacation shall apply to the drainage easement only. All other
existing easements shall remain in force.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
PASSED and APPROVED this day of , 2007.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer
EXHIBIT "A"
DRAINAGE EASEMENT
ABANDONMENT
for
TRIPP &c BRANDYESTES
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Lot 6 in Block 10 of the East Oaks
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EXHIBIT `B"
VAC 07-2638
A PART OF LOT 6 IN BLOCK 10 OF THE EAST OAKS SUBDIVISION, PHASE II, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT THAT IS S89043'01 "W 12.50 FEET FROM THE SOUTHEAST
CORNER OF SAID LOT 6, AND RUNNING THENCE S89043'01 "W 55 .00 FEET ALONG
THE SOUTH LINE OF THE SAID LOT ; THENCE LEAVING SAID SOUTH LINE AND
RUNNING N00036'05"W 99.75 FEET TO THE NORTH LINE OF SAID LOT; THENCE
N89031 '15"E 15.74 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH
LINE AND RUNNING TO AND ALONG A WOODEN FENCE LINE THE FOLLOWING:
S14029' 16"E 15 .25 FEET, S35036'54"E 27.58 FEET, S01028125 "W 4.56 FEET, S440371161'E
28.70 FEET TO THE WEST LINE OF A 12.5 FOOT WIDE CITY OF FAYETTEVILLE
UTILITY EASEMENT; THENCE LEAVING SAID FENCE LINE AND RUNNING
S00036'05"E 37.43 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING,
CONTAINING 0.09 ACRES, MORE OR LESS, CITY OF FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS,
Tayet !r Y I PC Meeting of July 09, 2007
ARKANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: A& 'Q.� ,-'W Updated July 10, 2007
VAC 07-2638: (ESTES, 332): Submitted by PETER (TRIPP) AND BRANDY ESTES
for property located at 2350 BIG OAKS DRIVE. The property is zoned RSF-4, SINGLE
FAMILY - 4 UNITS/ACRE and contains approximately 0.32 acres. The request is to
vacate a portion of a drainage easement on the subject property.
Planner: JESSE FULCHER
Findings:
Property Description: The subject property is located at 2350 Big Oaks Drive and is
zoned RSF-4. The property was platted as part of East Oaks Addition Phase II with a 55 '
drainage easement along the east property line.
Request: The applicant requests vacating a portion of the 55 ' drainage easement to allow
for an expansion to the east side of the residence.
The applicant has submitted the required notification forms to the utility companies and
to the City with the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections.
Cox Communications No Objections.
Southwestern Electric Power Company Not applicable. All other existing
utility easements shall remain.
Arkansas Western Gas No Objections. All other existing
utility easements shall remain.
Southwestern Bell Telephone No Objections. All other existing
utility easements shall remain.
K:\Reports\2007\PC Reports\07-09-0T.VAC 07-2638 (Estes 2350 Big Oaks Dnve)dm
Relocation of any existing facilities
shall be at the owner/developers
expense.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections. The 12.5' sewer
easement shall remain.
Transportation No Objections.
Solid Waste No Objections.
Engineering No Objections.
Public Comment: The adjacent property owners have indicated no objections to the
proposed drainage easement vacation.
Recommendation: Staff recommends forwarding (VAC 07-2638) to the City Council
with a recommendation for approval with the following conditions.
Conditions of Approval:
1 . The proposed easement vacation shall apply to the drainage easement only. All other
existing easements shall remain in force.
2. Any relocation of existing utilities shall beat the owner/developer's expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Forwarded ❑ Denied ❑ Tabled
Date: July 09, 2007
Motion: Graves
Second: Ostner
Vote: 8-0-0 (forwarded from consent agenda)
Comments:
K:\Reports\2007\PC Reports\07-09-07\VAC 07-2638 (Estes_2350 Big Oaks Drive).dm
ESTES , GRAMLING & ESTES , PLC
Attorneys at Law
P.O. DRAWER 3883
19 EAST DICKSON STREET
FAYETTEVILLE, ARKANSAS 72702-3883
PETER G. ESTES, SR. (19161990) TELEPHONE: (479)521-4444
PETER G. ESTES, JIL WRITER'S DFRECT EMAIL: TESTES(@NWARKCOM FAX: (479) 521-6730
J. DOUGLAS GRAMLRIG} E-MAIL:eegQa nwark-wm
PETER G. ESTES BI
AMY ESTES TURNER* OFFICE MANAGER:
LAURA G. HOBBS
•AISOM = wWARNGTON
baso wo = N mmom
May 22, 2007
Re: Description of Request for Vacation of Easement
Recently it has come to our attention that a drainage easement extends Fifty-Five (55)
feet from the back property line of our residential lot in Phase Two (2) of East Oaks
Subdivision. During the process of looking into building onto our house at 2350 Big
Oaks in Fayetteville, we have run into a snag in that our proposed build would cross over
into this easement. we have talked to Jesse Fulcher in the Planning Department and he
referred us to Perry at Transportation, who has stated that he had no problem vacating
this easement to the back fence line of our property.
We request at this time that the drainage easement recorded on the Plat of Phase Two (2)
East Oaks Subdivsion be vacated to the back fence line of the property. Legal Description
for the area to be vacated is as follows:
A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being
more particularly described as follows:
Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Corner of
said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of
the said lot ; thence leaving said South line and running N00°36'05"W 99.75 feet
to the North line of said lot; thence N89°31 ' 15"E 15.74 feet along said North line;
thence leaving said North line and running to and along a wooden fence line the
following: S14°29'16"E 15.25 feet, S35°36'54"E 27.58 feet, S01 °28'25"W 4.56
feet, S44037116"E 28.70 feet to the West line of a 12.5 foot wide City of
Fayetteville utility easement; thence leaving said fence line and running
S00036'05"E 37.43 feet along said West line to the point of beginning, containing
0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas,
Thank you for your consideration.
Si
�Gl'1'll� l.o�CJ�
randy Estes ��JJ
PETITION TO VACATE DRAINAGE EASEMENT LOCATED IN LOT 6
BLOCK 10, EAST OAKS SUBDIVISION, CITY OF FAYETTEVILLE,
ARKANSAS
To: The Fayetteville City Planning Commission and the Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the easement
hereinafter sought to be abandoned and vacated, lying in Lot 6, Block 10, Phase II, East
Oaks Subdivision, Fayetteville, Arkansas, a Municipal Corporation, petition to vacate an
easement which is described as follows:
A part of Lot 6 in Block 10 of the East Oaks Subdivision, Phase II, and being
more particularly described as follows:
Beginning at a point that is S89°43'01 "W 12.50 feet from the Southeast Comer of
said Lot 6, and running thence S89°43'01 "W 55.00 feet along the South line of
the said lot ; thence leaving said South line and running N00°36'05 "W 99.75 feet
to the North line of said lot; thence N89°31 ' 15 "E 15.74 feet along said North line;
thence leaving said North line and running to and along a wooden fence line the
following: S14°29' 16"E 15.25 feet, S35°36'54"E 27.58 feet, S0102812511W 4.56
feet, S44037' 16"E 28.70 feet to the West line of a 12.5 foot wide City of
Fayetteville utility easement; thence leaving said fence line and running
S00036'05"E 37.43 feet along said West line to the point of beginning, containing
0.09 acres, more or less, City of Fayetteville, Washington County, Arkansas,
That the abutting real estate affected by said abandonment of the Drainage
easement is as follows:
Lot 2, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas.
Lot 3, Block 8, East Oaks Subdivision, City of Fayetteville, Arkansas.
Lot 7, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas.
Lot 5, Block 10, East Oaks Subdivision, City of Fayetteville, Arkansas.
Lot 1 , Block 12, East Oaks Subdivision, City of Fayetteville, Arkansas.
The City of Fayetteville declared a 55 foot easement for drainage purposes on said real
property; however, neither the City of Fayetteville nor its citizens would be adversely
affected by the abandonment of the portion of the above described easement. The
petitioners request this vacation for the purpose of completing additional improvements
on the real property that would encroach on the current easement.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the
above described real estate subject, however, to the existing utility easements and sewer
easements as required, and that the above described real estate be used for their
respective benefits and purpose as now approved by law.