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HomeMy WebLinkAboutOrdinance 5365 1111110111111101 Doc ID: 013829190004 Type. REL Kind: ORDINANCE Reeorded: 01/07/2011 at 11:38:01 AM Fee Amt: 130.00 Paae 1 of 4 W:%inaton Countv. AR Bette Stamos Circuit Clerk /1 (1 File20 1 1-00000 /'7 49 ORDINANCE NO. 5365 AN ORDINANCE APPROVING VAC 10-3662 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED IN THE OAKBROOKE SUBDIVISION, TO VACATE EXISTING UTILITY EASEMENTS AND TREE PRESERVATION AREAS AND RE-DEDICATE THEM IN THE PROPER LOCATION, AS DESCRIBED HEREIN. 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 platted utility easements are not required for corporate purposes, once new utility easements are dedicated; and WHEREAS, the City Council has the authority under §167.04(L) of the Unified Development Code to modify or abolish a recorded tree preservation area; and WHEREAS, the City Council has determined that the following described portion of the recorded tree preservation area should be adjusted to reflect accurate areas of canopy protection, that the proposed modification would not lower the preserved tree canopy below the required level, and would allow for the maintenance of existing drainage easements on the subject property; 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 all utility easements as shown on Exhibit A and described in the Exhibit B,attached. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 the City Council of the City of Fayetteville, Arkansas hereby approves the modification of the tree preservation area as shown in Exhibit A and described in Exhibit B, attached. Page 2 Ordinance No. 5365 Section 4: That this ordinance approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. An easement plat or final plat depicting the utility easements needed to serve the Oakbrooke project, as required by all utility representatives, shall be dedicated and filed of record. The vacation of all easements shall not be accepted until this requirement has been met. 2. Any relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. 3. An easement plat or final plat depicting the modified tree preservation area needed to meet the tree preservation requirements for the Oakbrooke Subdivision, as required by the City of Fayetteville Urban Forester, shall be dedicated and filed of record. PASSED and APPROVED this 7t' day of December, 2010. APPROVED: ATTEST: I By: &",e A�-,k O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer VY G _^ a gMYETTEVJLLE^ s s.�RkANSP°, '� *,;,,I GTON Washington County, AR I certify this instrument was filed on 01107/2011 11:38:01 AM and recorded in Real Estate File Number 2011-000007 Bette Stamps-0' u ar EXHIBIT "A" JL.yil�_.JL_Ji_ _ IL_J L.__I __.JI__J r_ 99 -/j 'w - � --_ 'q I,?-- ( 1 i'��-�' ,0 _�SIF IIIII l @ 8 r H I I J �j f- �I _ I _ fill—I r w —7,1 I at ;I�, @@ d _ g€9 f II J L a3 If g 3 � IRM i �' yl © i I c I I � A44 fta jM �Z Ii {Qp{ gpiq pig 883$6 Rjx152TJill I 3 p EASEMENT PLAT FOR e a N � Bates& OAKBROOKE SUBDIVISION PHASE III ps$OCIBtes'Inc. — --- P 0^ FAYETTEVILLE. ARKANSAS I EXHIBIT "B" VAC 10-3662 AREA OF DISCUSSION FOR VACTION REQUEST: A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87°10'41"E 184.13' FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF AND RUNNING THENCE NO2°17'42"E 110.42', THENCE N87'10'42"W 8.13', THENCE NO2°18'02"E 960.73', THENCE S87°49'42"E 252.14', THENCE S87°09'15"E 207.79', THENCE S02°17'42"W 442.08', THENCE S87°42'18"E 338.00', THENCE NO2°17'42"E 36.64', THENCE S87°42'18"E 150.85', THENCE S02°50'04"W 223.11', THENCE N87°28'48"W 28.54', THENCE S02°49'03"W 389.83', THENCE S87°09'30"E 254.42', THENCE S25°35'53"W 64.93', THENCE N87°10'24"W 1135.30' TO THE POINT OF BEGINNING, CONTAINING 18.55 ACRES, MORE OR LESS. City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/7/2010 City Council Meeting Date Agenda Items Only Dara Sanders Planning Development Services Submitted By Division Department Action Required: VAC 10-3662: (Oakbrooke Ph III, 361): Submitted by Bates and Associates for property located at Oakbrooke Subdivision Phase III. The property is zoned R-PZD, Residential Planned Zoning District. The request is to vacate all existing utility easements and tree preservation area within 18.55 acres of the Oakbrooke Subdivision. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Hca Previous Ordinance or Resolution# DepaDire r Date Original Contract Date: -- Original Contract Number: City Attorney t1 Date 4C C�- Finance and Internal Services Director Date Received in Citg 1 -1 9-1 0 P 0 3 57 R C V D Clerk's Office It CNV of Sta Date {/�1.'�. Received in �/ Mayor's Office MayorD' ate !) Comments: Revised January 15, 2009 T e rKoHle THE CITY OF FAYETTEVILLE,ARKANSAS YDEPARTMENT CORRESPONDENCE S CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff From: Dara Sanders, Current Planner Date: November 18, 2010 Subject: VAC 10-3662 Oakbrooke III RECOMMENDATION Staff and Planning Commission recommend approval of an ordinance vacating all existing utility easements and a portion of the tree preservation area within 18.55 acres of the Oakbrooke Subdivision (VAC 10-3662). BACKGROUND The subject property is located within the previously approved Oakbrooke Subdivision Phases I and II and the recently approved Oakbrooke Phase III (R-PZD 09-3439/PPL 10-3589). Easements were dedicated to accommodate the installed infrastructure for the original development; however, the recently approved zoning and development criteria for Oakbrooke III requires a form that is different from the original development, as the front setbacks are now build-to zones that would require the new structures to be located in the existing easements. Additionally, small portions of required drainage easements were recorded to encroach into the tree preservation area. The applicant's request is to vacate all of the utility easements and tree preservation area within 18.55 acres that were dedicated with the final plats for Oakbrooke I and II to allow for the replat and development of Oakbrooke III, as indicated on the associated plat, and to allow for maintenance of drainage easements necessary for maintaining the subject property. DISCUSSION On November 8, 2010 the Planning Commission forwarded this request to the City Council with a recommendation for approval with a vote of 8-0-1 (Commissioner Hoskins recused). BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3662 SUBMITTED BY BATES AND ASSOCIATES FOR PROPERTY LOCATED IN THE OAKBROOKE SUBDIVISION, TO VACATE EXISTING UTILITY EASEMENTS AND TREE PRESERVATION AREAS AND RE-DEDICATE THEM IN THE PROPER LOCATION, AS DESCRIBED HEREIN. 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 platted utility easements are not required for corporate purposes, once new utility easements are dedicated; and WHEREAS, the City Council has the authority under §167.047(L) of the Unified Development Code to modify or abolish a recorded tree preservation area; and WHEREAS, the City Council has determined that the following described portion of the recorded tree preservation area should be adjusted to reflect accurate areas of canopy protection, that the proposed modification would not lower the preserved tree canopy below the required level, and would allow for the maintenance of existing drainage easements on the subject property; 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 all utility easements as shown on Exhibit A and described in the Exhibit B, attached. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 the City Council of the City of Fayetteville, Arkansas hereby approves the modification of the tree preservation area as shown in Exhibit A and described in Exhibit B, attached. Section 4: That this ordinance approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met. 1. An easement plat or final plat depicting the utility easements needed to serve the Oakbrooke project, as required by all utility representatives, shall be dedicated and filed of record. The vacation of all easements shall not be accepted until this requirement has been met. 2. Any relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. 3. An easement plat or final plat depicting the modified tree preservation area needed to meet the tree preservation requirements for the Oakbrooke Subdivision, as required by the City of Fayetteville Urban Forester, shall be dedicated and filed of record. PASSED and APPROVED this day of 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT `B" VAC 10-3662 AREA OF DISCUSSION FOR VACTION REQUEST: A PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S87"10'41"E 184.13' FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF AND RUNNING THENCE NO2°17'42"E 110.42', THENCE N87'10'42"W 8.13', THENCE NO2°18'02"E 960.73', THENCE S87°49'42"E 252.14', THENCE S87-09'1 5"E 207.79', THENCE S02°17'42"W 442.08', THENCE S87°42'18"E 338.00', THENCE NO2°17'42"E 36.64', THENCE S87°42'18"E 150.85', THENCE S02°50'04"W 223.11', THENCE N87°28'48"W 28.54', THENCE S02°49'03"W 389.83', THENCE S87°09'30"E 254.42', THENCE S25°35'53"W 64.93', THENCE N87°10'24"W 1135.30' TO THE POINT OF BEGINNING, CONTAINING 18.55 ACRES, MORE OR LESS. EXHIBIT "A" II_ JL_ — � g TJ.r �Q4SS �I � I �-- i � of � <• . <��P 51 [@� - trl J1,11,fir i i I I a } +I N Ni J L i -i J �'• 3I� I� �{T.,p ,F I k��a /, [ i I e-III &°�� �F '"i JIT 7_'I: r a�yf a -li r� " .�,c�v��U �:• w.n,�,w � Tne � -'p ��FI I �„JI I r II i \• \ — .. IN aggxgge �p i i! p Aq g @@ g5xpgggq g p 9 AA g e g�. �.g W I .•� lu = I _ g EASEMENT PLAT FOR e i Bates& OAKOROOKE SUODIVFSION PHASE III IV Associates,inc. FAYETTENLLE, ARKANSAS 2 0� � aye evlle PC Meeting of November 8, 2010 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: Dara Sanders, Current Planner THRU: Jeremy Pate, Development Services Director DATE: November 1, 2010 VAC 10-3662: Vacation (OAKBROOKE III, 361): Submitted by BATES & ASSOCIATES for property located at OAKBROOKE SUBDIVISON III. The property is zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 21.50 acres. The request is to vacate a select number of the existing easements. Planner: Dara Sanders Findings: Property Description: The subject development is located within the previously approved Oakbrooke Subdivision Phases I and II and the recently approved Oakbrooke Phase III (R- PZD 09-3439/PPL 10-3589). Easements were dedicated to accommodate the installed infrastructure for the original development; however, the recently approved zoning and development criteria for Oakbrooke III requires a form that is different from the original development, as the fiont setbacks are now build-to zones that would require the new structures to be located in the existing easements. Request The applicant's request is to vacate a select number of the utility and tree preservation easements that were dedicated with the final plats for Oakbrooke I and II to allow for the replat and development of Oakbrooke III, as indicated on the associated plat. 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 No Objections Arkansas Western Gas No Objections AT&T No Objections G:\EMDevelopment Services Review\2010\13evelopment Review\I0-3540 VAC 2292 N.Covington Pa&3-Plannine Commission CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: Staff has received several calls and in -person inquiries about the subject vacation request. The main concern was whether or not the proposal would affect provision of utilities to surrounding properties. Recommendation: Finding that adequate easement for service will exist to serve existing utilities, to provide new utilities, and to preserve the required percentage of existing trees, staff recommends forwarding VAC 10-3662 to the City Council with a recommendation of approval with the following conditions: Conditions of Approval: 1. An easement plat or final plat depicting the easements needed to serve the Oakbrooke project, as required by all utility representatives shall be dedicated and filed or record. The vacation of all easements shall not be accepted until this requirement has been met. 2. Any relocation of existing utilities shall be at the owner/developer's expense prior to recordation of the easement vacation. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: Q'Forwarded ❑ Denied ❑ Tabled Date: November 8, 2010 Motion: Cobs. Second: ckesser Vote: so-; (eonn,issloner kos4,ns yewsed) Note: G:\ETC\Development Services Review\2010\Development Review\10-3540 VAC 2292 N. Covington Park\3-Planning Commission Bates Associatese ii nee Civil Engineering .'o, Surveying 91 W. Colt Square Dr., Suite 3 / Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 August 31, 2010 Planning Department City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Easement Vacation Oakbrooke Dear City Planner, Mr. Hoskins is requesting that all of the existing easements be vacated in Oakbrooke Subdivision Phase III. The vacation is needed due to the build to zone interfering with the easements in the approved, revised R-PZD. A new casement plat will be submitted with revised easements to be dedicated. If you have any questions or require additional information, please feel free to call. Sincerely Bates & Associates, Inc. Geoffrey H. Bates, P.E. President of Engineering 09/28/2010 @8:08 5013749045 PAGE @2/02 ADJACENT PROPERTY OWNER NOTIFICATION FORM FOR RIGHT- OF- WAY & ALLEY VACATION REQUESTS Date; August 27, 2010 Address / location of vacation: Oakbrookc Subdivision Phase III Adjacent property address: Loren and Wilma Bey — 1801 N Rupple Rd REQUESTED VACATION: I have been notified of the petition to vacate all utility easements in Oakbrooke Subdivision Phase III ADJACENT PROPERTY OWNERS COMMENTS: O T have been notified of the requested vacation and decline to comment, O I do not object to the vacation described above. * I do object to the requested vacation because; C�.l (�'1 11 �jQ w1F 5 s G� aerie ds. o4��elo�t s cc✓ J�_ �qa .cis j�j out �"GL�`,G y a ae �uccGvvQ�✓ cf 2 1L lS 1Lc�vC�R T vJ�.vu` 5L-2)c✓`� t c o�c�• --• UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: August 24, 2010 UTILITY COMPANY: Brian Pugh — Solid Waste Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must 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 ❑ Street right-of-way I have been notified of the petition to vacate the following easements, described as follows: General location / Address: Oakbrooke Phase III See attached existing easements and proposed easement drawings for details. UTILITY COMPANY COMMENTS: i4 No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature of Utility Company epresentative Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: August 24, 2010 UTILITY COMPANY: Terry Gulley— Transportation Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must 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 ❑ Street right-of-way I have been notified of the petition to vacate the following easements, described as follows: General location / Address: Oakbrooke Phase III See attached existing easements and proposed easement drawings for details. UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above. O No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) Signature tility Company Rep ntative of �%tfiiuScJinn /Jri -GU/c t Title TREE PRESERVATION AREA EASEMENT VACATION APPROVAL FORM DATE: October 13, 2010 EASEMENT COMPANY: City of Fayetteville Applicant Name: Bates & Associates, Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check all that apply): O Tree Preservation Area I have been notified of the petition to vacate the following easements, described as follows: General location / Address: Oakbrooke Phase III See attached existing easements and proposed easement drawings for details. EASEMENT COMPANY COMMENTS: ❑ Objects to the vacation(s) described above. ❑ 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.) MNo objections to the vacation(s) described above, provided the following: Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: October 12, 2010, 2010 UTILITY COMPANY: Arkansas Western Gas — Applicant Name: Bates & Associates. Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must check that apply): IS] Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following easements, described as follows: General location / Address: Oakbrooke Phase III See attached existing easements and proposed easement drawings for details. UTILITY COMPANY COMMENTS: ❑ Objects to the vacation(s) described above. ❑ 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.) 10 No objections to the vacation(s) described above, provided the following: Anse re/oco7JaAl ,d,11 .6 ct_f Mir- t)clnerc c?z,Aense, Signature ofUtt/ity Company Representative /[ / Lvns�rac�,a� /Laram,y AWg Title UTILITY APPROVAL FORM FOR RIGHT. OF WAY & ALLEY, VACATION DATE: October l2, 2( l0, 2010 UTILITY COMPANY: AT&T -Sue Clouser Applicant Name: Bates Associate Inc, Applicant Phone: 479-442-9350 REQUESTED VACAT N (applicant must check _ll that apply): © Utility Easeme ❑ Right-of-way f alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right -of• ay I have been notified of tit petition to vacate the following easements, described as follows: General location / Addres : Oakbrooke Phase III See attached existin ease rents. and tro osed easement drawing for details UTILITY COMPANY COMMENTS: i ❑ Objects to the valtion(s) described above. ❑ No objections to th. vacation(s) described above. ❑ No objections to th . vacation(s) described above, provided following described easements are retained. (State the location, imensions, and purpose below.) No objections to thejvacation(s) described above, provided the following t F_ _� 1� t'..1�Er.l S `Yicnf3tY SZ2Clk-� nN i3E T Frc -n lJ S t_0 B& A E. 1v uC I(� u E ITI�lC2 SI E or T Signature of Utility Company epresenrative JSt'7ESI(,JP)�(lrJEk�L Title - 1 4,'.. Z d aL9ZSZb98t ON/LVtt La/till 01 ,5t Ot (78d) W08.9 • UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: October 12,2010,2010 UTILITY COMPANY: Ozarks Electric— Greg McGee Applicant Name: Bates & Associates, Inc. Applicant Phone: 479-442-9350 REQUESTED VACATION (applicant must 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 ❑ Street right-of-way I have been notified of the petition to vacate the following easements, described as follows: General location / Address: Oakbrooke Phase III See attached existing easements and proposed easement drawings for details. UTILITY COMPANY COMMENTS: ❑ Objects to the vacation(s) described above. Nf No objections to the vacation(s) described above. ❑ No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) ❑ No objections to the vacation(s) described above, provided the following : Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY & ALLEY, VACATION DATE: October 12, 2010, 2010 tjTILITYCOMPANY: Cox — Jason Combs Applicant Name: 13_ites &@Associates, Inc. Applicant Phone: 479-442 3S1 REQUESTED VACATION (applicant must check all that apply): ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. ❑ Alley ❑ Street right-of-way I have been notified of the petition to vacate the following easements, described as lb lows: General location / Address: Oakbrooke Phase III See attached existing easements and proposed easement drawines for details. UTILITY COMPANY COMMENTS: O Objects to the vacation(s) described above. O No objections to the vacation(s) described above. O No objectionstothe vacation(s).described above, provided following described easements are. retained.. (State the location, dimensions, and purpose below.) f, No objections to the vacation(s) described above, provided the following : _An)L.,rlani ge or r°locatin i at existing faeil,iies will beat the developer's Sijiire of Utility Company Representative Field Engin@et Title UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: \\-'3— 10 UTILITY COMPANY G APPLICANT NAME: dknk e.S 1 \SSoc APPLICANT PHONE: (to q L4 z — �c REQUESTED VACATION (applicant must check all that apply): �c Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (referring to attached document- must be completed**) ** Caro k ¢, ?hc & a (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: • No objections to the vacation(s) described above. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) • No objections provided the following conditions are met: Signature of Utility company Representative 17rq�2vc s i� C r v tr c) S rw' nz wr TitTe ©� aL•-.� I ��' I i 11 i r I� I I � I= Ia. Batesa a N Associates,@nc. ° 1°' °°`°°" CMI E.*Mft &&wrytrq EASEMENT PLAT FOR OAKBROOKE SUBDIVISION PHASE III FAYETTE'ALLE, ARKANSAS H'TI �a no&4 v^,RaLnI• �e 2o4 4 Oakbrook Subdivision Easement Vacation Request Requirements 10/18/2010 - Street Easement Location (Side of Road) Current Easement Width Requested q Width Utility N ty Easement Utility Line Center Line Behind ROW (Ml) Utility Line Depth(S)Width (p) Minimum Regd Based on Depth P Allowed to Vacate - Basatlan Depth Allowed to Vacate Based on Min Rgmt (Note6) pp ovetl to Approved Vacate- Lowest o 2 Rgmts Approved Easement Width Neighborly Way Winter Evening Place Btwn Neighborly Way BSeptember5troll Ln East West North South 14 14 14 14 10 14 10 10 Sewer Water Sewer Water 4 3 4 5 9 4 9 4 13 7 13 9 1 7 1 5 3 3 3 1 1 3 1 1 13 11 13 13 Hazel Tine Or September Stoll Ln Btwn Winter Evening8 Fmm Pomh Vlew September Stroll Ln Btwn Front Porch View B End ofSireei East West Seat West East 25 25 14 14 14 16 14 10 10 14 Water Sewer Water Sewer Water 9 6 5 5 4 4 9 4 11 4 13 15 9 16 8 12 10 5 -2 6 3 12 1 2 2 8 10 1 0 2 17 15 13 14 12 West 14 10 Sewer 4 17 15 -1 3 0 11 Front Porch View North 14 14 None WA N/A 3 11 71 17 3 Winter Evening Btwn September Stroll Ln&Best Friend Ln SovU North 15 15 10 15 Water Sewer 9 8 4 11 13 19 2 -4 -2 0 0 0 15 15 Best Friendtn Btwn Winter Evening PiaceB Front Porch Naw South East 74 14 !0 10 Water Water 3 4 4 4 7 8 7 6 3 2 3 2 tt 12 West 14 10 Sewer 4 B 12 2 3 2 12 Notes: 1 2 3 4 5 6 7 8 All measurements are in feet All measurements are based on W/S line locator marts; the developers Engineer did not survey the lines, although this was requested. All easements me measured from fight of way line/back ofsidewalk ROW lines are 11from back of curb throughout subdivision, which is also the house edge of the sidewalk. Utility line depth is to approximate bottom of pipe, as this is the critical depth for meeting OSHA excavation standards. In orderto meet maintenance requirements and ensure structural safety in the event pipe maintenance Is required, minimum easement width beside a utility line is: T per inch of diameterfor a water line but no less than T; 7' fora sewer line. These only apply when there is at leasta total easement and ROW width of 20. OSHANArkansas Department of Labor standards require a 45 degree or Ito t slope from the bottom of the excavation to the top of bank Meterboxes must be located within the easement, so there is mom for maintenance on the yam line on the customer side ofthe meterbox. 4k 0 VAC1 0-3662 Close Up View PRIVATE 2185 C � a 2 a AMER/CqN Ok 0 W 2 LL PURVA RSPB C OAKBROOKE III SUBJECT PROPERTY 't 1/ SANDINGHAM ST CASTLEBURYLNO _` ' 2 W LL TRILLIUM IN WINTER EVENING PI. w 3 W r I; ' vs dM a rRBNEUr$t�I EBIRD ST .Footprints 2010 Hillside -Hilltop Ov rla [_ _! Design Overlay Di trig Design Overlay Di trig ------ Planning Area I Fayetteville GASCONY PL o � a r- ? CHANTILLY DR a ' :Y x o MONEiDR R$F•T District C-0 RPWD - , CASTLE PINES OR OYy , a is 4 fJ ' { .f v x11 3r cJ }�s 4 ��� rr` r 0 225 450 900 1,350 1,800 Feet VAC10-3662 OAKBROOKE III One Mile View l � p.*O D ITUS D TANYARD DR \VATS 3655 ---1 `•,,.,. IQ f 2 SPRING HOUSE DR TOWER CIR 11jj SONG BIRD PL HAM_• , ♦♦ K ♦♦ ♦♦ iI :...a RSF-O P4 71 RSF d j CLEARWOOD DR z a D p y 3 _ri Q la- w DRAKESTONE Sr /< a w SUBJECT PROPERTY o p ..•' WESTBURY ST0 ♦ WAVERLY Rp p f ....IL Y ♦1♦ 1 Oar ♦ N z > ♦ f ? <2M LN = ¢ FAIRFAX �`;`� �- I� Z DOVER ST ` L C I BUCKEYES4 r .�tt ! a , p z A CAS pa z j �RVARD S 'i I --♦� 7 f 'f S�,`3 fl--- RPm YALE ST 11 s. PONCAST w i x''-'-� 1 N '\..,;EAbEgCy jl o of ♦�. a .�t VASSAR ST 1 Oj # .; 7 1 RSF.T c-1-9 SHALE ST ATE 1259 ur , m O N g u ¢ p RMF-1Z CHEVAUX / y�' RA R -A - BLACK FORES�5DR i Jli a TUM EWEEDSi p� �7v11rn,. HOM SPUN DR FLAG vhC10- R ;i! jill Is RAILDUSTSTL j.....\nn)nRSF-A) ry r.. .� Overview Legend Hills e -Hilltop Overlay District /}y f Subject Property ; ®VAC10-3662 i_._! Desi n Overlay District Boundary ; Plan ing Area ::)s' I I Fay tteville 15 0 0.25 0.5 1 Mies ORDINANCE NO. AN ORDINANCE APPROVING VAC 10-3662 S�'1BMITTED BY BATES AND ASSOCIATES FOR PROPERT/Y LOCATED IN THE OAKBROOKE SUBDIVISION TO ;VACATE ALL EXISTING UTILITY EASEMENTS WITHIN /8.55 ACRES OF PHASES I AND II. WHEREAS, the City Council has the authorityunder 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 easements are not required for corporate pi NOW, THEREFORE, BE IT C CITY OF FAYETTEVILLE, ARKANS, that the following described platted utility BY THE CITY COUNCIL OF THE Section 1: That the City Council pf the City of Fayetteville, Arkansas hereby vacates and abandons all utility easements as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached 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 subjectto the Conditions of Approval as follows, and shall not be in, effect until such conditions are met:, 1. An easement plat or final plat depicting the utility easements needed to serve the Oakbrooke/project, as required by all utility representatives shall be dedicated and filed or /ecord. The vacation of all easements shall not be accepted until this reauiren ent has been met. 2. Any /elocation of existing utilities shall be at the owner/developer's expense prior to rec rdation of the easement vacation. Page 2 ()rd PA APPROV. By: -- LION RESOLUTION NO. A RESOLUTION TO MODIFY THE TREE PRESERVATION EASEMENT FOR THE OAKBROOKE SUBDIVISION. WH EAS, the City Council has determined that the following described portion of the platted tree pre ervation area 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 finds the proposed modification Would not lower the preserved tree canopy below the required level, would allow for the maintenance of existing drainage easements on the subject property, and would be in the best interest of Fayetteville. The,,'City Council therefore accepts the modification of a tree preservation easement as shown in Exhibit A and described in Exhibit B (attached). Section 2: That this follows, and shall not be in e 1. An easement plat or meet the tree preser by the City of Fayeti PASSED and APPROVED: By: LIONELD JORDAN, Mayor pproval is subject to the Conditions of Approval as conditions are met. depicting the modified tree preservation area needed to uirements for the Oakbrooke Subdivision, as required I be dedicated and filed or record. this dayKof 2010. A By: E. SMITH, City Clerk/Treasurer EXHIBIT "A" ' � I —_ i I 3e ! €I� 4 E'er _ II e�. r bra ,fib r R A LJLL poi 7 3 f I IIII �-- —• ' I I J • 5 k,'I3 V I 1 i I I© �za �o j p I 3\ � r r � -I I/Lf I- (fro I Id J S I I � ROAD EASEMENT PLAT FOR e Bates & OAKBROOKE SUBDIVISION PHASE III ,,^ Ion c Iv gy Associates,Ri.nc. f z gym n: F+9�,FW,C N6 g�✓�IHO FAYETTEVILLE, ARKANSAS EXHIBIT "B" VAC 10-3662 AREA OF DISCUSSION FOR VACTION REQUEST: A PART OF TI SOUTH HALF OF THE SOUTHEAST QUARTER OF THE FRACTIONAL SECTION 1, TOWNSHIP SHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEIN�I MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87'10'41"E 184.13' FROM THE SOUTHWEST CORNER OF SAID SOUTH HALF AND RUNNING THENCE N02° 17'42"E 110.42', THENCE N87° 10'42"W8.13', THENCE N02° 18'02"E 960.73', THENCE S87'49'42"E 252.14', THENCE S87°09'15"E 207.79', THENCE S02 °17'42"W 442.08', THENCE S87°42' 18"E 338.00', THENCE N02°17'42"E 36.64'; THENCE S87°42' 18"E 150.85', THENCE S02°50'04"W 223.1`1', THENCE N87°28?48"W 28.54', THENCE S02°49'03"W 389.83', THENCE S87°09'30"E254.42', THENCE S2535'53"W 64.93', THENCE N87° 10'24"W 1135.30' TO THE POINT OF BEGINNING, CONTAINING 18.55 ACRES, MORE OR LESS. 7. NORTHWEST ARKANSAS NEWSPAPERS Northwest Arkansas Democrat Gazette The Morning News of Springdale The Morning News of Rogers Northwest Arkansas Times Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION RECEIVED DEC 30 2010 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance 5365 December 23, 2010 Publication Charge : $ 116.73 Signed: Subscribed and sworn to before me Thisi9 day of t , 2010. Notary Public Jim Mears Washington County LNotmalry mmission Number 12374647 My Commission Expires: Public-Arkansasomssion Expires Jan. 20, 2020 Do not pay from Affidavit, an invoice will be sent DEC 30 2010 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE