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
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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