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HomeMy WebLinkAbout214-10 RESOLUTIONRESOLUTION NO. 214-10 A RESOLUTION TO MODIFY THE TREE PRESERVATION EASEMENT FOR HAPPY HOLLOW ELEMENTARY LOCATED WEST OF CROSSOVER ROAD, ONE-HALF MILE NORTH OF HUNTSVILLE ROAD. WHEREAS, the City Council has determined that the following described portion of the platted tree preservation 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 extension of gas utility service to the elementary school, 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). PASSED and APPROVED this 7th day of December, 2010. APPROVED: ATTEST: 7 S NDRA E. SMITH, City Clerk/Treasurer 1111151111111111111111111111111 Doc ID: 013829200003 Type: REL Kind: RESOLUTION Recorded: 01/07/2011 at 11:38:31 AM Fee Amt: $25.00 Paae 1 of 3 Washinaton County. AR Bette Stamps Circuit Clerk File2011--00000 / 50 ®00.C'®®c,\1Y O'F°eG�'>' ® .mss : FAYETTEVILLE o o ®�Y TO; °�dddd0ddd�d�Be Washington County, AR I certify this instrument was filed on 01/07/2011 11:38:31 AM and recorded in Real Estate File Number 201140000750 Bette Stamps - Cir t CI k GRAPHIC S 300' 0 300' 69810 OF BEARING; ARKANSAS STATE PLANE COOA91NATE. SYSTEM, NORTH ZONE, NAD 83 H0RIT0NTAL DATUM AND NSW 29 VERTICAL 0011 DETERMINED BY CPS OBSERVATION 014 THE CITY OF FAYETIEVILLE CONTROL 80088645 USING'. THEIR PUBLISHED VALUES. S'.86'5S'10 E 905,50' 1111• /J' UTILITY EASEMENT 6 IIII•/- P06 SEPARATE DOWMFN \ . ca F444. I4�L'I_ TRACT A -co .401.4 PERPLAT ACRES 3313RE5 �. V FAYE11E00.E SCHOOL 015171IC7 NO. I PER OEEO 2009-27921 �� .q. 1 Pp4�ILN OF TREE TE() , V OfI BE VACATED ,; S 86'59'70" E. 424.68' 5 / _j/ N 87701" W' 862.24 UNE TABLE NUMBER TEARING 2020096E 11 5 03.1749' E 22.40' L2 5.28'06'59' W 139.04' L3 S 89°02'04' W 70.39' 1.4 N 84'6010' W 80.15' 18 9 76'27'32' W 60.27' 68- 582'21'05" W L7 587'2411' E: 54.8§' 18 N 024946' E' 19.68' 19 H ,09'15'08' E 20.89' 110 S 59!15306' .W 2516' LEGEND 091062.00 DRAW611161 JAB 10/19/2010 1-16 r `00 PORTION OF TREE PRESERVATION AREA TO BE 0AOAIED 378 SOUARE FEET 0R 0.009 ACRES MORE OR LESS IRETCHED AREA) 30' MULTI -USE TRAIL 0 SUER EASEMENT \PER PLAT 2010-21498 DETAIL A GRAPHIC SCALE: 1;50 CURVE TABLE. NUMBER DELTA ANGLE RADIUS ARC LE901H CHORD 0IRECTIOH CHORD -LENGTH CI 04'49'04' 81,66 6.87 S 09'52'56' E 6.86 12 01'12'05" 515,24 10.60 5.08'04'26' € 10,60 PROPERTY UNE 06000610 UNE ADJ0INER RIGHT -01-899 EXISTING EASEMENT PROPOSED EASEMENT 6616560 4681 P860600104 AREA S84E1; 6848646. 1 0P 1 THIS EASEMENT SKETCH 10 A REPRESENTATION OF DIE SIZE, SHAPE, ANO LOCATION OF 018 EASEMENT TO RMMICH IT IS ATTACHED; THIS DRAWING ISNOT A PLAT OF SURVEY. 901 6.471h 54.5911e 203 . Rogers, Arkansas 72756 4 Crofton Tull .... _...®orchllectree I end/sowing !surveying -479,.6313:463/31-479763.0163346—. w nvcrolrontail.mm EXHIBIT "B" VAC 10-3704 TREE PRESERVATION AREA TO BE VACATED: PART OF TRACT A AS RECORDED AT PLAT RECORD 2009-27676 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS, BEING PART OF THE NW 1/4 OF THE SE1/4 IN SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID TRACT A; THENCE ALONG THE WEST LINE OF SAID TRACT A NO2°49'46"E 662.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NO2°49'46"E 19.66 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING ELECTRIC EASEMENT AS RECORDED AT PLAT RECORD 2009-27676 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS, BEING THE NORTH LINE OF AN EXISTING TREE PRESERVATION AREA AS SHOWN ON PLAT RECORD 2010-21498; THENCE ALONG THE NORTH LINE OF SAID TREE PRESERVATION AREA N59°15'08"E 20.89 FEET; THENCE DEPARTING SAID NORTH LINE AND CONTINUING ALONG THE EAST LINE OF SAID TREE PRESERVATION AREA 6.87 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 81.66 FEET AND A LONG CHORD THAT BEARS S09°52'56"E 6.86 FEET; THENCE 10.80 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 515.24 FEET AND A LONG CHORD THAT BEARS S08°04'26"E 10.80 FEET; THENCE LEAVING SAID EAST LINE S59°15'08"W 25.16 FEET TO THE POINT OF BEGINNING CONTAINING 378 SQUARE FEET, MORE OR LESS. Dara Sanders Submitted By 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 Planning Division Action Required: Development Services Department VAC 10-3704: (Happy Hollow School, 527): Submitted by Crafton Tull and Associates for property located on Crossover Road, half mile north of Huntsville Road. The property is zoned P-1, Institutional. The request is to vacate a portion of the tree preservation area. Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Program Category / Project Name Funds Used to Date Program / Project Category Name Remaining Balance Fund Name Budget Adjustment Attached Department DiirectbfCiate City Attorney l 11 �... Date ,2.2.-2,014 Finance and Internal Services Director Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Comments: Revised January 15, 2009 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org 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 10-3704 Happy Hollow Elementary RECOMMENDATION Staff and Planning Commission recommend approval of a resolution vacating a portion of a tree preservation easement on the subject property (VAC 10-3704). BACKGROUND The subject property is located west of Crossover Road, approximately 0.5 -mile north of Huntsville Road. In 2009, the Planning Commission approved a large scale development (LSD 09-3402) for the new Happy Hollow Elementary school building. All permits have been approved and the site is currently under construction. The applicant's request is to vacate approximately 378 square feet of an existing tree preservation easement in order to allow for the extension of a gas line to the school building. The Urban Forester has verified that there are no trees located in this portion of the tree preservation easement and that the development exceeds the minimum required tree preservation percentage. 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. RESOLUTION NO. A RESOLUTION TO MODIFY THE TREE PRESERVATION EASEMENT FOR HAPPY HOLLOW ELEMENTARY LOCATED WEST OF CROSSOVER ROAD, ONE-HALF MILE NORTH OF HUNTSVILLE ROAD. WHEREAS, the City Council has determined that the following described portion of the platted tree preservation 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 extension of gas utility service to the elementary school, 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). PASSED and APPROVED this day of , 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer GRAPHIC SCALE EN FEET 300' 0 RASis OEANG: RIAR/SO/SAS STATE PLANE CQOROINATE. SYSTEM, F FNORtTH ZONE, 14A0 83: FiCRIZONTAL DATUM AND Raiwo 29 VERTICAL DATUM DETERMINED BY GP9 OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING •1HEIR PUBLISHED VALUES. 5.86'59'104' E 905.56.' EXHIBIT "A' 3-16-11 11_3D -1T tijj T a TRACT A - PER PLRT 2009»27676 n Iti - 33:13. ACRES ± FAYETTEIALLE;SCH00l OISTR1CT ND 1 w f.1 PER GEED 7009- Iii1.TIUTO• EASEMENTEEASEMENTI PER SEPARATE DOCUMENT , or, r z <7 O U -4 6 LD v C a O E n as > Si, its-Fi ONu Lc§ iso o R i..m 848 N ? � SKr}A U t" z;:0 a< PR01ECr NO: 530 CORNER TRACT A L'3 Ai 87'24'11' W 862.24' UNE TABLE NUMBER NEARING DISTANCE 11 S.03'17'49' E 22.40' 1.2 S .28'06'59' W 139.04' 13 S 89'02'04' 61 70.59' L4 N 8695910" W 80.15' L5 6 7917'32' W 69.21' 18 5 42°2I'05" VI 69.21' L7 S 81°24'11" E- 54,89' LB N 02'49'46' E. 19,65' 1.9 Al :?9°15'08" E 2D.89T L00 S 59°05'08' PI 25.16' LEGEND TABL PORTION OF TREE PRESERVATION AREA TO BE VACATED 378 SQUARE FEET OR 0,009 ACRES MORE OR LESS 91ATC11£0 AREAL 30' MULTI -USE TRAIL Ec SEWER EASEMENT PER PLATT 1010-21498 DETAIL. A GRAPHIC SCALE: 1:50 NUMBER DELTA ANGLE ROWS ARC LENGTH CHORD DIRECTION CHORD LENGTH 01 04°49'04" 81.66 6.87 'S 09'52`56" E 6.06 C2 01°12`05" 515.24 10.80 5 08'04'26" E 10.89 PROPERTY LINE PROPERTY LINE A0J01NER RIGHT -OF -NAY EXISTING EASEMENT PROPOSED EASEMENT EXISTING TREE PERSEVTION AREA THIS EASEMENT SKETCH IS A REPRESENTATION OF THE 312E, SHAPE, AND LOCATION OF THE EASEMENT TO 910/CH IT IS ATTACHED; 011S DRAWING 19 NOT A PLAT OF SURVEY. 091052-00 JAB O4TE 10/19/2010 SHEET: 1 OP 901 1.1.4171h St., Su11e 203 . Rogers, Arkansas 72756 Crafton Tull arcFileclureIengineering! SUrv6y'Ir1g 419.635.4838 0 479,631.62248 'NM V.GOFIonIU6,4Orp EXHIBIT "13" VAC 10-3704 TREE PRESERVATION AREA TO BE VACATED: PART OF TRACT A AS RECORDED AT PLAT RECORD 2009-27676 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS, BEING PART OF THE NW 1/4 OF THE SE1/4 IN SECTION 14, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID TRACT A; THENCE ALONG THE WEST LINE OF SAID TRACT A NO2°49'46"E 662.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NO2°49'46"E 19.66 FEET TO A POINT ON THE SOUTI-I LINE OF AN EXISTING ELECTRIC EASEMENT AS RECORDED AT PLAT RECORD 2009-27676 IN THE OFFICE OF THE CIRCUIT CLERK FOR WASHINGTON COUNTY, ARKANSAS, BEING THE NORTH LINE OF AN EXISTING TREE PRESERVATION AREA AS SHOWN ON PLAT RECORD 2010-21498; THENCE ALONG THE NORTH LINE OF SAID TREE PRESERVATION AREA N59°15'08"E 20.89 FEET; THENCE DEPARTING SAID NORTH LINE AND CONTINUING ALONG THE EAST LINE OF SAID TREE PRESERVATION AREA 6.87 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 81.66 FEET AND A LONG CHORD THAT BEARS S09°52'56"E 6.86 FEET; THENCE 10.80 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 515.24 FEET AND A LONG CHORD THAT BEARS S08°04'26"E 10.80 FEET; THENCE LEAVING SAID EAST LINE S59°15'08"W 25.16 FEET TO THE POINT OF BEGINNING CONTAINING 378 SQUARE FEET, MORE OR LESS. PC Meeting of November 8, 2010 .1HI CITY OF FAYET' EVIL1J ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Dara Sanders, Current Planner THRID: Jeremy Pate, Development Services Director DATE: November 2, 2010 Updated November 9, 2010 125 \0. Mountain S4 Fayetteville, AR 72701 Telephone: (479) 575-8267 VAC 10-3704: Vacation (HAPPY HOLLOW SCHOOL, 527): Submitted by CRAFTON TULL & ASSOCIATES for property located on CROSSOVER ROAD, 1/4 MILE NORTH OF HUNTSVILLE ROAD. The property is zoned P-1, INSTITUTIONAL, and the area to be vacated contains approximately 378 square feet. The request is to vacate a portion of the tree preservation area. Planner: Dara Sanders Findings: Property Description: The subject property contains 32.53 acres and is located west of Crossover Road, approximately 0.5 -mile north of Huntsville Road. In 2009, the Planning Commission approved a large scale development (LSD 09-3402) for the new Happy Hollow Elementary school building. All permits have been approved and the site is "currently under construction. Request: The applicant is to vacate approximately 378 square feet of an existing tree preservation easement in order to allow for the extension of a gas line to the school building. The Urban Forester has verified that there are no trees located in this portion of the tree preservation easement. The applicant is not required to submit notification forms to the utility companies and to the City utility representatives, as the subject easement is for tree preservation only. The applicant has submitted the required notification to the Urban Forester with the result summarized below. UTILITIES RESPONSE Ozarks Electric Not Applicable Cox Communications Not Applicable Southwestern Electric Power Company Not Applicable Arkansas Western Gas Not Applicable AT&T Not Applicable (i \P: rCDevelopment Services Review\2010\Development Review\I0-3540 VAC 2292 N. Covington Park\3-Planning Commission CITY OF FAYETTEVILLE: RESPONSE Water/Sewer Not Applicable Transportation Not Applicable Solid Waste Not Applicable Engineering Not Applicable Urban Forester No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends forwarding VAC 10-3704 to the City Council with a recommendation of approval. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: x Forwarded LI Denied ❑ Tabled Date: November 8, 2010 Motion: Cabe Second: Chesser Vote: 8-0-1 (Commissioner Hoskins recused) Note: G:\ Ii TC\Development Services Review\2010\Development Review\I 0-3540 VAC 2292 N. Covington Par0\3-Planning Commission GRAPHIC SCALE IN FEET 00' 300' OASIS OF BEARING; ARKANSAS STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 83 HORIZONTAL DATUM AND MD 29 VERTICAL DATUM 0008891NE0 8Y GPS OBSERVATION ON THE CITY OF FAYETTEVILLE CONTROL MONUMENTS USING THEIR PUBLISHED VALUES. S 8639'10" E 905.56' UTILITY EASEMENT PER SEPARATE 00CUME TRACT A PER PLAT 2009-27676 33,13 ACRES ± FAYETIEVILLE SCHOOL DISTRICT N0. 1 PER DEED 2009-27921 PORION OF TREE PRESERV6.06 AREA INK VACATED SEE DE'1 1L A (SHADED AREA) EXHIBIT A co _ N 87'201" W 862.24 LINE TABLE S 8639'10" E 424.68' 277.27' L5 -6-861500- t4- /72 L o> op IA gN NUMBER 0006(8G DISTANCE LI S 0300'49" 0 22.40' L2 0 28°06'59' 18 13909' L3 S 00800'04' 14 00.39' L4 N 86°5910" V! 80.10' 05 8 76°27'32" 0 60.21' L6 0 02°21'05" 'W 69.21' 17 0 80824'11" E 54.89' 18 N 02`49'40" E 19.66' L9 6 59°1508" E 2089' L10 6000008"'0 25.16' LEGEND Wry eY: PROJECT No.. 091052-00 0A8 DAM ®CIRMEMIRECE11 0 °12'05__ 515. 1-16 30, PORTION OF TREE PRESERVATION AREA TO BE VACATED 378 SQUARE FEET OR 0.009 ACRES 130RE OR LESS. ' \ (HATCHED AREA/ 30 999L k SEWER101-EASEMENT00TRAI \PER PLAT 2010-21498 CURVE TABLE RC LENG DETAIL A GRAPHIC SCALE: 1:50 CHORD DIRECTION CHORD LENGTH 4°49'04" 81.66 6.87 S 09°5256" E 6.86 24 10.80 S 08°0426" E PROPERTY 1161 PROPERTY LINE AOJDINER RIGHT-OF-WAY EXISTING EASEMENT PROPOSED EASEMENT EXISTING TREE PERSEV110N AREA 10.80 THIS EASEMENT SKETCH IS A REPRESENTATION OF THE SIZE, SHAPE, AND LOCATION OF THE EASEMENT TO WHICH IT IS ATTACHED; 01110 DRAWING IS NOT A PLAT OF SURVEY. 10/19/2010 SHEET: 1 OF 1 cHECKEo: 901 N. 4706 St.. Suite 203 Rogers. Arkonsos 72756 Crafton Tull ® architecture) engineering surveying 479.636.48281 479.631.62241 W,w,.cronomoo.con, THE CITY OF FAYETTEVILLE, ARKANSAS ra,,. PARIS AND RECREATION DEPARTMENT 113 V090 Moi rani r71c749101179701 F340911371.7731 3 (479)444-3471 F(47091 i1i.7714 fayettk9,,,)tk`5, ; URBAN FORESTRY TREE PRESERVATION AREA EASEMENT VACATION APPROVAL FORM DATE: October 19, 2010 EASEMENT COMPANY: City of Fayetteville Applicant Name: Fayetteville School District #1 Applicant Phone: Jonathan Ely (Crafton Tull) - Representative 479-878-2432 REQUESTED VACATION (applicant must check all that apply): Iii Tree Preservation Arca 1 have been notified of the petition to vacate the following easements, described as tollows: General location / Address: Western side of new Happy Hollow Elementary School See attached existing casements 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.) ❑ No objections to the vacation(s) described above, provided the following : Signatur oaseljNnt ml any Representative Title Te'97001t0unicnflOi15 Device 703167 Deaf TOD(419) 21-1316 113 West •Aountain-f190110Vdle, 9972701 ts F11,O October 21, 2010 Planning Commission City of Fayetteville 125 W. Mountain Street Fayetteville, AR 72701 Dear Planning Commission: 479.636.4838 t 479.878.2499 f wm.craftontu I Isparks.com Crafton Tull Sparks architecture I enginoering Conroy aIle neck Oklahoma City Rogems Min norrrIIvirle Wichita This letter shall accompany the Tree Preservation Easement Vacation Application and supporting documentation for the west side of the new Happy Hollow Elementary School. The request is to vacate approximately 378 square feet (0.009 acres) of existing tree preservation easement to allow dedication of a new gas easement in the same location. The gas easement in this location is necessary to provide gas service to the new Happy Hollow Elementary School. Currently, no existing tree canopy is located within the requested 378 square feet. Therefore, we do not anticipate any detrimental impacts to existing trees in the area. Please see the Easement Vacation documents and exhibit for more details. Sincerely, Jonathan Ely, P.E., LAP Civil Engineer 6 . Legend Subject Property ® VAC10-3704 Boundary 0 0.25 0.5 - Hills de -Hilltop Overlay District i____.j Design Overlay District lin _; Planting Area Fayetteville 1 M iles VAC 10-3704 HAPPY HOLLOW SCHOOL Close Up View SUBJECT PROPERTY PRIVATE 301 e•elnd VAC10-3704 PRIVATE399 Muti-Use Trail (Existing) Future Trails "Footprints 2010 Hillside -Hilltop Overlay District �_ •_! Design Overlay District •rji•g]Design Overlay Di strict Planning Area Fayetteville 0 75 150 300 450 600 Feet