No preview available
HomeMy WebLinkAboutORDINANCE 6042= _- ffllf�lffflll�lll��f��ff���l�lflf�ff�l��lfl�f�fllffflf�ffrllll�iPfl��fff�Ilfll�f Doc IU: 017928840004 Type: REL Kind: ORDINAHGE Recorded: 03/26/2018 at 08:56:01 AM Fee Amt: $30.04 Page 1 of 4 -- - Nashinpton County, AR 113 West Mountain Kyle Sylvester Circuit Clerk ] 0 1 8-0000Q2 3 n Street Fayetteville, AR Filei/ VV �J 72701 (479) 575-8323 Ordinance: 6042 File Number: 2018-0126 VAC 18-6075 (EAST OF DEAD HORSE MOUNTAIN ROAD/MEADOWS AT STONEBRIDGE): AN ORDINANCE TO APPROVE VAC 18-6075 FOR PROPERTY LOCATED EAST OF 2000 BLOCK, DEAD HORSE MOUNTAIN ROAD TO VACATE A PORTION OF A UTILITY EASEMENT 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 a utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. An easement shall be re -dedicated over the existing 8 -inch sanitary sewer main to the satisfaction of the City of Fayetteville's Water and Sewer Department. Page 1 Printed on 317118 Ordinance: 6042 File Number 2018-0126 PASSED and APPROVED on 3/6/2018 Annroved: Attest: Sondra E. Smith, City Clerk Treasurer Page 2 Printed on 317118 18-6075 EXHIBIT 'B' Portion of Easement to be vacated: PART OF THE NE 1/4 OF THE NW 1/4 AND PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 25 TOWNSHIP 16 NORTH RANGE 30 WEST WASHINGTON COUNTY ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE N90°00'00"W 2001.00 FEET; THENCE S00°00'00"W 76.61 FEET TO THE EASTERLY LINE OF A 20 FOOT WATER AND SEWER EASEMENT AS DESCRIBED IN DEED 2006-00040313; THENCE ALONG SAID EASTERLY LINE S42°11'39"E 9.87 FEET; THENCE ALONG SAID EASTERLY LINE SO4°36'52"E 902.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SO4°36'52"E 20.71 FEET TO THE SOUTH LINE OF SAID 20 FOOT WATER AND SEWER EASEMENT; THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSES: THENCE N79°30'38"W 288.57 FEET; THENCE N83°10'38"W 365.27 FEET; THENCE N84°55'09"W 278.65 FEET; THENCE N35°10'38"W 85.04 FEET; THENCE LEAVING SAID SOUTH LINE N73°50'46"E 21.15 FEET TO THE NORTH LINE OF SAID 20 FOOT WATER AND SEWER EASEMENT; THENCE ALONG SAID NORTH LINE THE FOLLOWING FOUR COURSES: THENCE S35°10'38"E 68.87 FEET; THENCE S84°55'09"E 269.69 FEET; THENCE S83°10'38"E 366.22 FEET; THENCE S79030'38"E 283.80 FEET TO THE POINT OF BEGINNING, CONTAINING 0.46 ACRES MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 03/26/2018 08:56:01 AM and recorded in Real Estate File Number 2018-00008230 Kyle Sylvester - Cir it I rk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0126 Agenda Date: 3/6/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 VAC 18-6075 (EAST OF DEAD HORSE MOUNTAIN ROAD/MEADOWS AT STONEBRIDGE): AN ORDINANCE TO APPROVE VAC 18-6075 FOR PROPERTY LOCATED EAST OF 2000 BLOCK, DEAD HORSE MOUNTAIN ROAD TO VACATE A PORTION OF A UTILITY EASEMENT 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 a utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense;and 2. An easement shall be re -dedicated over the existing 8 -inch sanitary sewer main to the satisfaction of the City of Fayetteville's Water and Sewer Department. City of Fayetteville, Arkansas Page 1 Printed on 317/2018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0126 Legistar File ID 3/6/2018 City Council Meeting Date - Agenda Item only N/A for Non -Agenda Item 2/16/2018 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: VAC 18-6075: Vacation (EAST OF 2000 BLOCK, DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL, INC. for properties located EAST OF 2000 BLOCK, DEAD HORSE MTN. RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contain approximately 53.15 acres. The request is to vacate a portion of a utility easement Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Fund Approval Date: V20140710 Project Title Current Budget $ Funds Obligated $ Current Balance $ Item Cost Budget Adjustment Remaining Budget $ Approval Date: V20140710 I VA CITY O FAYETTEVI LLL ARKANSAS MEETING OF MARCH 6, 2018 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Garner Stoll, Development Services Director FROM: Andrew Garner, Planning Director Jonathan Curth, Senior Planner DATE: February 16, 2018 SUBJECT: VAC 18-6075: Vacation (EAST OF 2000 BLOCK, DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL, INC. for properties located EAST OF 2000 BLOCK, DEAD HORSE MTN. RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contain approximately 53.15 acres. The request is to vacate a portion of a utility easement RECOMMENDATION: Staff and the Planning Commission recommend approval of VAC 18-6075 with the following condition of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; and 2. An easement shall be re -dedicated over the existing 8 -inch sanitary sewer main to the satisfaction of the City of Fayetteville's Water and Sewer Department. BACKGROUND: The subject property includes approximately 53 acres east of Dead Horse Mountain Road and the Riverwalk Subdivision. Although generally level, the property includes or abuts several ponds of varying size associated with the golf course to the east and northeast. Below grade, the property is bisected by an 8 -inch sanitary sewer line that conveys sewerage through a series of lift stations from the subdivisions to the northeast to a large main across the West Fork of the White River. In late 2017, a development submittal was made for a residential subdivision of 135 single-family lots on this property. It is currently under review. Proposal: The applicant proposes to vacate a portion of a utility easement, as shown in the attached Exhibits 'A' and 'B', in order to prepare the site for development. DISCUSSION: On February 12, 2018, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 6-0-0. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B • Application ■ Planning Commission Staff Report VAC18-6075 I MEADOWS AT STONEBRIDGE 1 18-6075 Close Up View EXHIBIT 'A' Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet u -A 'J& NORTH Residential -Agricultural RSF-2 RSF-4 18-6075 EXHIBIT 'B' Portion of Easement to be vacated: PART OF THE NE 1/4 OF THE NW 1/4 AND PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 25 TOWNSHIP 16 NORTH RANGE 30 WEST WASHINGTON COUNTY ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE N90°00'00"W 2001.00 FEET; THENCE S00°00'00"W 76.61 FEETTO THE EASTERLY LINE OF A 20 FOOT WATER AND SEWER EASEMENT AS DESCRIBED IN DEED 2006-00040313; THENCE ALONG SAID EASTERLY LINE S42°11'39"E 9.87 FEET; THENCE ALONG SAID EASTERLY LINE SO4°36'52"E 902.02 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SO4°36'52"E 20.71 FEET TO THE SOUTH LINE OF SAID 20 FOOT WATER AND SEWER EASEMENT; THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSES: THENCE N79°30'38"W 288.57 FEET; THENCE N83'10'38"W 365.27 FEET; THENCE N84°55'09"W 278.65 FEET; THENCE N35°10'38"W 85.04 FEET, THENCE LEAVING SAID SOUTH LINE N73°50'46"E 21.15 FEETTO THE NORTH LINE OF SAID 20 FOOT WATER AND SEWER EASEMENT; THENCE ALONG SAID NORTH LINE THE FOLLOWING FOUR COURSES: THENCE S35°10'38"E 68.87 FEET; THENCE S84°55'09"E 269.69 FEET; THENCE S83°10'38"E 366.22 FEET; THENCE S79°30'38"E 283.80 FEET TO THE POINT OF BEGINNING, CONTAINING 0.46 ACRES MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. CITY OF FAYETTEVILLE, ARKANSAS Right -of -Way, Easement or Alley VACATION FOR STAFF USE ONLY FEE: $200.00 Dore Application Submitted: Sign Fee: $5.00 Date Accepted as Complete: S -T -R: Project Number: PP#: Public Hearing Date: Zone: Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: Indicate one contact person for this request: Applicant (person making request): Name: ERC Holdings, LLC Address: 5102 S. Pinnacle Hills Pkwv Roeers. AR 72758 Phone: ( ) 479-478-5103 Email: nswanson@erc.com Fax: ( ) Applicant Representative Site Address / Location: South Deadhorse Mountain Road Representative (engineer, surveyor, realtor, etc.): Name: Crafton Tull Joe Fifer, PE Address: 1450 E. Zion Road Suite 9 Fayetteville, AR 72703 Phone: ( ) 479-878-2406 Ofc Email: joseph.fifer@craftontull.com Fax: ( ) Legal description of area to be vacated (attach separate sheet if necessary): Current Zoning District: RSF-4 Assessors Parcel Number(s) for subject property: 765-15268-350,765-15268-451,765-15269-101, 765-15269-950 FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: ERC Holdings, LLC May 2017 Page 1 APPLICANT I REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. 1 understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what I am applying for, or might set conditions on approval. Name (printed): _T1kgwas A. Hennelly, PE Date: November 28, 2017 PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. LtLyiened fit° the authorised agent, a letter from each gtWerty owner Hurst be Provided indicating that the agent is authorized to act on his/her behalf.) Owners (attach additional info if necessary): Name (printed): Rod Coleman Signature: Date: November 28, 2017 Name (printed): Signature:. Date: Vacation Checklist: Attach the following items to this application Address: 5102 S. Pinnacle Hills Pkwy Rogers, AR 72758 Phone: ) 479-478-5103 Address. Phone: ( ) (1) Payment in full of applicable fees for processing the application: $200.00 application fee $5.00 public notification sign fee (2) Metes and bounds legal description of the area to be vacated, not the entire property (this may be included on the survey plat). (3) Survey of the site depicting the perimeter property lines and area within the property to be vacated. (4) CD containing a copy of the legal description in MS Word and PDF copies of the signed application and all other items submitted with this project. (5) A surveyor should stake the area on the site to be vacated for utility company review on their site visit. (6) A letter addressed to the Planning Commission and City Council describing the scope, nature, and intent of the request. na (7) Abstractor's Certificate of Ownership stating names of all owners of property adjacent to the street right-of-way, alley, or easement to be vacated (this document is obtained from a title company). —s (8) A copy of the county parcel map from the Washington County Assessor's ounce or from the Washington County website (www.co.washington.arms). The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent property shall be shown on this map. na - easement located entirely within out property. May 2017 Page 2 I (9) Petition to vacate street right-of-way, alley, or easement (sample petition is attached). (10) For applications to vacate an access easement, alley or right-of-way only: Written consent is required from all adjacent property owners and is required to be submitted with the na application (example form is attached). (11) Comments from all utility companies concerning the street right-of-way, alley, or easement to be vacated and its relationship to existing or planned utilities with recommendations as to what action should be taken (an example comment form is attached) is required at application submittal. (12) The applicant is responsible for meeting the public notification requirements for a Vacation listed on the Notification Requirements pages in this application. Utility Representatives for a Vacation Request * Name Company Telephone Email Jeff Hamilton AT&T 442-1967 jh5430@att.com Chad Hodge Cox Communications 871-0339 Chad.Hodge@cox.com John Le AEP/SWEPCO 973-2426 the@aep.com Scott Stokes Black Hills Corp. 435-0229 Scott.Stokes@bIackhilIscorp.com Wes Mahaffey Ozarks Electric 684-4649 wmahaffey@ozarksecc.com Or Mike Phipps 684-4696 mphipps@ozarksecc.com City Divisions: Mark Rogers Water and Sewer 575-8392 mrogers@fayetteville-ar.gov Maury Nelson Solid Waste 575-8397 mnelson@fayetteville-ar.gov Terry Gulley Transportation 444-3491 tgulley@fayetteville-ar.gov not required *Solid Waste & Transportation sign off is required only when a ROW, Alley, or Drainage Easement Vacation is being requested. May 2017 Page 3 PETITION TO VACATE UTILITY EASEMENT PETITION TO VACATE A(N) (ttMe)# easement, #g�y) LOCATED IN 6W; b : s", n4di; &iQo0 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, •40wj hereinafter sought to be abandoned and vacated, lying in parcel 765-15269-101 ',City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) (alley, easement, right-of-way) which is described as follows: That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining lot to the area requested to be vacated) City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described ( }} easement, -F• - ! &f styo ). 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 benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this28th day of November 120 17 , ERC Holdings, LLC (Rod Coleman) Printed Name Signature Printed Name Signature * Note: This is a sample - each applicant is responsible for submitting a petition which accurately reflects their specific request. May 2017 Page 4 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: AT&T APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): Utility Easement L Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. L Alley Street right-of-way I have been notified of the petition to vacate the following (fie}- easement, .,ter), described as follows: General location / Address __City of Fayetteville, East of Dead Horse Mountain Road West of Stonebridge Meadows Golf Course 1$I (ATTACAIegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: ❑ No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: Cox Communications APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): X 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 (494j,- j, easement, 4ght efiiva�, , described as follows: General location/ Address City of Fayetteville, East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course I$I (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): X 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 1 have been notified of the petition to vacate the following easetnent, o4gh; 4*'t+)-), described as follows: General location /Address City of Fayetteville, East of Dead Horse Mountain Road, West of Stanebridgc Meadows Golf Course (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: Black Hills Corporation APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): X 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 (fie}- easement, a4ght- 4wga ,), described as follows: General location / Address(Fayetteville,_ East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Crafton Tull (Joe Fifer) _ APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): N Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Ll Alley Street right-of-way I have been notified of the petition to vacate the following (� easement, 4, described as follows: General location / Address City of Fayetteville, East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course N (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: City of Fayetteville Water and Sewer APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant Hurst check all that apply): X 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 (ey; easement, r+gbt- ef*,a�, , described as follows: General location / Address City of Fayetteville, East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course N (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. No objections to the vacations described above provided following described easements are retained. J () ,p g (State the location, dimensions, and purpose below.) ❑ No objections provided the following conditions are met: Signature of Utility Company Representative Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: City of Fayetteville Solid Waste APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): X 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 1 have been notified of the petition to vacate the following ( , easement, Wit), , described as follows: General location / Address City of Fayetteville,. East of Dead florse Mountain Road, West of Stoncbridg2 Meadows Golf Course IRI (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 27 November 2017 UTILITY COMPANY: City of Fayetteville Transportation APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 474-878-2406 REQUESTED VACATION (applicant mast check all that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following ( - easement, 4#4 ems, described as follows: General location / Address City of Fayetteville East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course �I (ATTACHIegal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: No objections to the vacation(s) described above, and no comments. 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 Title May 2017 Page 5 ADJACENT PROPERTY OWNER NOTIFICATION/APPROVAL FORM Date: Address / location of vacation: Adjacent property address: Lot: Block: REQUESTED VACATION: FOR RIGHT- OF- WAY, ALLEY, AND EASEMENT VACATION REQUESTS Subdivision: I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: (Include legal description and graphic representation of what is being vacated) ADJACENT PROPERTY OWNERS COMMENTS: I have been notified of the requested vacation and decline to comment. I do not object to the vacation described above. I do object to the requested vacation because: Project Name Name of Adjacent Property Owner (printed) Signature of Adjacent Property Owner Applicant Name May 2017 Page 6 NOTIFICATION REQUIREMENTS Written Notification Process: (1) The applicant shall mail a written notice of the hearing by first-class mail to the address of each adjacent landowner as such address is shown in the records of the Washington County Assessor's Office. Adjacent landowners include those across street rights-of-way, excluding interstates. (2) By the revision submittal prior to the public hearing, the applicant shall provide the following to the Planning Division (contact staff plannerfor submittal deadline): a. alphabetical list of the landowners receiving notification (County Assessor's Office) b. map showing the landowners' relationship to the site (County Assessor's Office) c. copy of the notice sent to the landowners (example attached) d. certificate of mailing (example attached) Sign Posting Process: (1) Signs shall be made available to the applicant by the Planning Division. A $5 fee per sign shall be remitted by the applicant (contact staff planner for date to pick up sign). a. The applicant shall post notice on the land for which the use is requested in a visibly prominent location no more than ten (10) feet from the street, and shall not impede the vision of drivers or pedestrians. b. The staff planner may require an alternate location where the property is not adjacent to a street. c. Additional signs may be required by the staff planner. (2) By the revision submittal prior to the hearing, the applicant shall post the sign and submit a certificate of sign posting to the Planning Division. The sign(s) shall be photographed by the applicant and attached to the certificate (example attached). (3) The Planning Division will be responsible for retrieval of signs after the hearing; if a hearing is postponed, the applicant will be notified when a new sign has been created. The applicant shall then be responsible for posting the new date of the hearing in accordance with the criteria herein. st,la" 01 Palge 7 CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the attached written notice was placed in the U.S. mail, first-class, postage prepaid this day of , 20 , and addressed as follows: Name: Street Address City, State, Zip Name: Street Address City, State, Zip Name: Street Address City, State, Zip Name: Street Address City, State, Zip (name of person completing the mailing) (signature of person completing the mailing) City File No./Name: iWay tilt? Page 8 THIS IS AN EXAMPLE ONLY - DO NOT USE THIS SHEET WRITTEN NOTIFICATION FORM Project Description: The applicant Name proposes a Type of Developmenf at Project Address. Building/land Use: Zoning: Size of Property: Density/Intensity: Public Hearings: Planning Commission; 5:30 PM; Month/Date/Year; 113 West Mountain Street (City Administration Building Room 219) Fayetteville, AR 72701 Property Owner: Name: Phone #: Developer: Name: Phone #: Review Location: The project information is available for public review at the City of Fayetteville Planning Division, 125 West Mountain Street, Fayetteville, AR 72701 Monday -Friday 8AM-5PM; 479.575.8267. May 2017 Page 9 THIS IS AN EXAMPLE ONLY - DO NOT USE THIS SHEET CERTIFICATE OF SIGN POSTING (attach photo here) (sign lettering must be legible in photo) (print the name of the applicant/representative/person posting sign), attest that the above sign was posted on (month/day/year) adjacent to (name of street). (signature of person completing the sign posting) City File No./Name.- May 2017 Page 10 V410F CITY OF FAYETTEVILLE ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner February 12, 2018 (Updated with Planning Commission Results) SUBJECT: VAC 18-6075: Vacation (EAST OF 2000 BLOCK, DEAD HORSE MTN. RD./MEADOWS AT STONEBRIDGE SD, 646): Submitted by CRAFTON TULL, INC. for properties located EAST OF 2000 BLOCK, DEAD HORSE MTN. RD. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 53.15 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 18-6075 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property includes approximately 53 acres east of Dead Horse Mountain Road and the Riverwalk Subdivision. The property was annexed in to the City in February 1997 along with almost 800 acres of additional land south of the West Fork of the White River. Prior to this, historical aerial imagery indicates that a portion of the property was utilized as a horse track before being replaced by the existing Stonebridge Meadows golf course. Today the golf course is adjacent to the subject property to the east and northeast. Although generally level, the property includes or abuts several ponds of varying size. Below grade, the property is bisected by an 8 - inch sanitary sewer line that conveys sewerage through a series of lift stations from the subdivisions to the northeast to a large main across the West Fork of the White River. In late 2017, a development submittal was made for a residential subdivision of 135 single-family lots on this property. It is currently under review. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Undeveloped/Agricultural/Large Lot Residential R -A, Residential Agricultural South Undeveloped/Agricultural/Large Lot Residential R -A, Residential Agricultural East Stonebridge Meadows Golf Course R -A, Residential Agricultural West Undeveloped/Agricultural/Large Lot Residential) l R -A, Residential Agricultural; Washington County, AG.SF Res 1 Mailing Address: anning Commission Fbrua 12, 2018 113 W. Mountain Street www.fayettevitTe"AV08YItem 3 Fayetteville, AR 72701 18-6075 Meadows at Stonebridge Page 1 of 17 Proposal: The applicant proposes to vacate an existing water and sewer easement. Portions of the associated sanitary sewer main fall outside the easement, which the applicant proposes to correct through re -dedication as a part of an associated development. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the adjoining property owners, City utility departments, and applicable franchise utilities, with the following responses: Utlllty Cox Communications AEP/SW EPCO Black Hills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Transportation Public Comment: No public comment has been received. Response No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer's expense. No objections No objections No objections No objections Response No objections Not applicable Not applicable RECOMMENDATION: Staff recommends forwarding VAC 18-6075 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense; 2. An easement shall be re -dedicated over the existing 8 -inch sanitary sewer main to the satisfaction of the City of Fayetteville's Water and Sewer Department; Planning Commission February 12, 2018 G:\ETC\Development Services Review\2018\Development Review\18-6075 VAC Agenda Item 3 E of Dead Horse Mtn. Rd (Meadows at Stonebridge) 646\03 Planning Commission\02-12-2018 18-6075 Meadows at Stonebridge Page 2 of 17 PLANNING COMMISSION ACTION: Required jDate: February 12, 2018 D Tabled IMotian: Hoffman (Second: Johnson ote: 6-0-1, Quinlan Abstained CITY COUNCIL ACTION: Required Date: March 6, 2018 (plannedl O BUDGET/STAFF IMPACT: None. Attachments: • Request Letter • Petition to Vacate • Easement Vacation Exhibit • Utility Approvals • One Mile Map • Close -Up Map Current Land Use Map YES ® Forwarded YES O Denied O Denied Planning Commission February 12, 2018 G:\ETC\Development Services Review\2018\Development Review\18-6075 VAC Agenda Item 3 E. of Dead Horse Mtn. Rd. (Meadows at Stonebridge) 646\03 Planning Commission\02-12-2018 18-6075 Meadows at Stonebridge Page 3 of 17 Grafton Tull m architecture I engineering I surveying November 27, 2017 City of Fayetteville Attn: Planning Department 113 West Mountain St Fayetteville, AR 72701 Re: Meadows at Stonebridge Easement Vacation To whom it may concern, 901 N 47th Street: Shite 200 Rogers; AR 72756 VAC 18-6075 Request Letter 479.636 4838 (.-1), 479.631.6224 ii Yi The purpose of this correspondence is to describe the scope, nature and intent of the above referenced project. A portion of an existing sanitary sewer was installed outside of the prescribed easement. As part of the proposed Meadows at Stonebridge project, we are requesting to abandon the existing easement and rededicate an easement so that the existing sanitary sewer is encompassed completely within it. Sincerely, amas A. Hennelly, PE Vice President Crafton Tull Planning Commission February 12. 2018 VAC 18-6075 PETITION TO VACATE UTILITY EASEMENT PETITION TO VACATE A(N) ( Fey easement, 4ghe oy'it rr) LOCATED IN tW. blog- .• ibd4,.;^ieo. 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 (tip, easement, •^- ,i hereinafter sought to be abandoned and vacated, lying in parcel 765-15269-101 City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a(n) (alley, easement, right-of-way) which is described as follows: SEE ATTACHED DESCRIPTION That the abutting real estate affected by said abandonment of the alley are (lot, block, subdivision of each adjoining lot to the area requested to be vacated) City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described (; easement,i;ighe 4%+). 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 benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this28th day of November 20 17 ERC Holdings, LLC (Rod Coleman) Printed Name S" nature`. Printed Name Signature * Note: This is a sample - each applicant is responsible for submitting a petition which accurately reflects their specific request. May 21BPafining Commission Page 4February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 5 of 17 Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 6 of 17 o' z 0 o <= U � w � •f l $ @0 1 » Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 6 of 17 VAC 18-6075 Utility Approvals FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASENJENT VACATIONS DATE: January Sth. 2 118 UTILITY COMPANY: Cox Communications, APPLICANT NAME: ['radon 'Cull (Joe Fifer) APPLICANT PHONE- 479-878-2406 REQUESTED VACATION (appficunt mast check all that npl)lp: "i Utility Easement Righf-of--way for alley or streets end till utility casements located within the vacated right- ol'- way. allay Street right-of-way 1 have been notiFed ofthe petition to vacate lite following E�+-irrsci�rcnt, „ y, described as fellows: General location / Address City ot_i aS>eltc� arae. l:a;t csl I}i., �l 1lu�-r tic unl stn ftosisi, iVctil crl 5tunet�rstl e 4Ec,tt3t�c+s Golf Course 10 01 TTACH legol description an1lgraphic reprt�sentat;on of what is being wtvated-SURUT I3) UTILITY COMPANY CONNINIENTS: No objections to the vacalion(s) described above, and no comments. 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 folloiVinp conditions are met: Any d=agPUQ-or relcution of our-exi-sting facilities Will be -at -the ef8 Siun;dure of lllilit%- Company= Representative Titie Vav o01 Ips«e Manning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 7 of 17 Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 8 of 17 23 24"; 26 25�1 P6 Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 8 of 17 Portion of Easement to be vacated: PART OF THE NE 1/4 OF THE NW 1/4 AND PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 25 TOWNSHIP 16 NORTH RANGE 30 WEST WASHINGTON COUNTY ARKANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE N90°00'00"W 2001.00 FEET; THENCE 500°00'00"W 76.61 FEETTO THE EASTERLY LINE OF A 20 FOOT WATER AND SEWER EASEMENT AS DESCRIBED IN DEED 2006-00040313; THENCE ALONG SAID EASTERLY LINE S42"11'39"E 9.87 FEET, THENCE ALONG SAID EASTERLY LINE SO4°36'52"E 902.02 FEETTO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASTERLY LINE SO4°36'52"E 20.71 FEETTO THE SOUTH LINE OF SAID 20 FOOT WATER AND SEWER EASEMENT, THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR COURSES: THENCE N79°30'38"W 288.57 FEET; THENCE N83"10'38"W 365,27 FEET; THENCE N84°56'09"W 278.65 FEET; THENCE N35°10'38"W 85,04 FEET; THENCE LEAVING SAID SOUTH LINE N73050'46"E 21.15 FEET TO THE NORTH LINE OF SAID 20 FOOT WATER AND SEWER EASEMENT; THENCE ALONG SAID NORTH LINE THE FOLLOWING FOUR COURSES: THENCE S35'10'38"E 68.87 FEET; THENCE S84'55'09"E 269.69 FEET; THENCE S83°10'38"E 366.22 FEET; THENCE 579°30`38"E 283.80 FEET TO THE POINT OF BEGINNING, CONTAINING 0.46 ACRES MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT. Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 9 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January 8th, 2018 UTILITY COMPANY: AEP/SWEPCO APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant nwst check all that apply): x 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 ("494e.�-, easement, 40-iy', described as follows: General location / Address City of Fayetteville, East of Dead Horse Mountain Road, West of S_to_nebrid eg Meadows Golf Course X (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 9' No objections to the vacation(s) described above, and no comments. ❑ 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 otility Company Representative �Ntfi_i'�r� ✓ �rcN Gv r q,r'C r Title Alay 2017 Page 501anning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 10 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January 8th, 2018 UTILITY COMPANY: Black Hills Corporation APPLICANT NAME: Crafton Tull IJoe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): x 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 (,aA ey, easement, v;�y), described as follows: General location / Address City ofF lte_ville, Bast of Dead florse _Mountain Road, West of Stonebrid ege Meadows Golf Course W (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS; No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) CI No objections provided the following conditions are met: % Eat.`Ir Sig,n€tturc of Utility Company llicpr=nt ivc Title May 2017 Page 5 Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 11 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January 8th, 2018 UTILITY COMPANY: AT&T APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): x Utility Easement ❑ Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley ❑ Street right-of-way I have been notified of the petition to vacate the following easement, o4, described as follows: General location / Address City of Fayetteville, East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course W (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: LX No objections to the vacation(s) described above, and no comments. ❑ 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 MGR OSP Ping & Design Engineering Title May 2PYahning Commission Page 5February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 12 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January8th, 2018 UTILITY COMPANY: Ozarks Electric APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): X 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 (may- easement, o., 4ioq�, described as follows: General location / Address City of Fayetteville, East of Dead Horse Mountain Road, West of Stonebridge Meadows Golf Course 1$I (ATTACH legal description and graphic representation of what is being vacated -SURVEY) UTILITY COMPANY COMMENTS: 19 No objections to the vacation(s) described above, and no comments. 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 SYSTEM STAKING TECH Title May 2P Vanning Commission Page 5February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 13 of 17 UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: January 8th. 2018 UTILITY COMPANY: City of Fayetteville Water and Sewer APPLICANT NAME: Crafton Tull (Joe Fifer) APPLICANT PHONE: 479-878-2406 REQUESTED VACATION (applicant must check all that apply): X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following easement, Hyl, described as follows: General location /Address City of Fayetteville, East of Dead Horse Mountain Road. West of Stnnebridg_e_Meadows Golf Course x (ATTACH legal description and graphic representation of what is being vacated-SURVEI) UTILITY COMPANY COMMENTS: ---1 No objections to the vacation(s) described above, and no comments. 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 ' Mpany Representative / /O Z-o/� �/r.�' �•�,ary✓ /� G`�iF�rs�F.S ,I�N'►��C"i�'- Title Alan 2017 Page 5 Planning Commission February 12, 2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 14 of 17 Agenda Item 3 18-6075 Meadows at Stonebridge Page 15 of 17 Agenda Item 3 18-6075 Meadows at Stonebridge Page 16 of 17 mission 2.2018 Agenda Item 3 18-6075 Meadows at Stonebridge Page 17 of 17 NORTHWEST ARKANsSS i'� `I `4. f i!I j fl` i i ' AFFIDAVIT OF PUBLICATION RECEIVED CIY OF TY CLERK'S OFFICE I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of - CITY OF FAYETTEVILLE Ord. 6042 Was inserted in the Regular Edition on: March 15, 2018 Publication Charges: $ 101.40 09W_1VA Cathy Wiles Subscribed and sworn to before me This 21 day of I-L�" , 2018. Notary Publ— My Commission Expires: zt 1 z I -LI TAa! tY RUSHER Notary Pubic -Arkansas Washirgtcn County Ccmmission # 12703120 Vy Ccmmissicr. Expires Fen 12.2028 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6042 File Number. 2018-0126 VAC 18-6075 (EAST OF DEAD IIORSE• MOUNTAIN ROAD/MEADOWS AT STONEBRIDGE): AN ORDINANCE TO APPROVE VAC 18-6075 FOR PROPERTY LOCATED EAST' OF 2000 BLOCK, DEAD HORSE MOUNTAIN ROAD TO VACATE A PORTION OFA UTILITY EASEMENT 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 W11I:RI-AS, the City Council has determined that the following descnbed portion of a utility easement is not required for corporate purposes. NOW, TIiEREFORE, BE IT ORDAINED BY'rlil: CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I . That the City Council of the City of Fayetteville, Arkansas hereby vacates a portion of a utility casement as described in Exhibit B attached to the Planning Department's memo. Section 2. A copy of this Ordinance duly certified by the City Clerk along with the map atlached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3. This vacation approval is subject to the following conditions: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developers expense; and 2. An casement shall be re -dedicated over the existing 8 -inch sanitary sewer main to the satisfaction of the City of Fayetteville s Water and Sewer Department. PASSED and APPROVED on 3/6/2018 Approved: Lioneld Jordan, Mayor Attest: Sondra 1:. Smith, City Clerk Treasurer 74460726 Mar. 15, 2018