HomeMy WebLinkAboutOrdinance 4399 ORDINANCE NO, 4399
AN ORDINANCE TO ACCEPT AND CONFIRM THE
DEDICATION OF PUBLIC STREETS WITHIN THE
BRIDGEPORT SUBDIVISION, PHASE VI, COPPER
CREEK SUBDIVISION, AND CRYSTAL SPRINGS
SUBDIVISION, PHASE II AS APPROVED BY THE
FAYETTEVILLE PLANNING COMMISSION
WHEREAS, the Fayetteville Planning Commission after review of reports
from City Departments, has recommended the dedication and acceptance of
public streets within the Bridgeport Subdivision, Phase VI, Copper Creek
Subdivision, and Crystal Springs Subdivision, Phase II by approving the
aforesaid final plat.
WHEREAS, the City of Fayetteville wishes to formally accept and confirm
all such dedication of said streets pursuant to A.C. A. §14-301-102.
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 specifically accepts all streets located in the Bridgeport Subdivision,
Phase VI, Copper Creek Subdivision, and Crystal Springs Subdivision, Phase II
in Fayetteville, Arkansas as approved by the Fayetteville Planning Commission.
The City Council of the City of Fayetteville, Arkansas confirms its acceptance of
said streets dedicated by developers/ owners to the City which have been
approved by the Fayetteville Planning Commission.
PASSED and APPROVED this the 4th day of June, 2002.
APPROVED:
By:
DAN COO Y, May r
By:
Oeat4herWoodru4ffCityCle
NAME OF FILE: Ordinance No. 4399
CROSS REFERENCE:
06/04/02 Ordinance No. 4399
Warranty Deed
05/17/02 Planning Division Correspondence
06/04/02 Staff Review Form
06/05/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk
06/13/02 Proof of Publication from Northwest Arkansas Edition/Arkansas
Democrat Gazette
NOTES:
ORDINANCE NO.
AN ORDINANCE TO ACCEPT AND CONFIRM
THE DEDICATION OF PUBLIC STREETS
WITHIN THE BRIDGEPORT SUBDIVISION, PHASE VI, COPPER CREEK
SUBDIVISION, AND CRYSTAL SPRINGS SUBDIVISION, PHASE 1I
AS APPROVED BY THE FAYETTEVILLE PLANNING COMMISSION
WHEREAS, the Fayetteville Planning Commission, after review of reports
from City Departments, has recommended the dedication and acceptance of
public streets within the Bridgeport Subdivision, Phase VI, Copper Creek
Subdivision, and Crystal Springs Subdivision, Phase I1 by approving the
aforesaid final plats.
WHEREAS, the City of Fayetteville wishes to formally accept and confirm
all such dedication of said streets pursuant to A.C.A. §14-301-102.
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 specifically accepts all streets located in the Bridgeport Subdivision,
Phase VI, Copper Creek Subdivision, and Crystal Springs Subdivision, Phase If
in Fayetteville, Arkansas as approved by the Fayetteville Planning Commission.
The City Council of the City of Fayetteville, Arkansas confirms its acceptance of
said streets dedicated by developers/ owners to the City which have been
approved by the Fayetteville Planning Commission.
PASSED and APPROVED this the day of . 2002.
APPROVED:
D H`
By:
DAN COODY, Mayor
ATTEST:
By:
Heather Woodruff, City Clerk
0 ,.x IGftt�.-
WARATY DEED
ELITE TITLE COMPANY, INC. FILED FOR RECORD
1526 Plaza Place; P.O. Box 7028
Springdale, Arkansas 72766-7026 2002 APR — 5 AM 9 0 I
Phone (501 ) 756-0151
(CORPORATION) WASHINGTON CO .. AR
B . STAMPS
KNOW ALL MEN BY THESE PRESENTS:
That GARY BRANDON ENTERPRISES, INC. ,
a company organized under and by virtue of the laws of Arkansas , hereinafter
called Grantor, by its SECRETARY , duly authorized by proper resolution of its
Board of Directors, for and in consideration of the suns of One Dollar ($ 1 .00) , and
other good and valuable consideration in hand paid by THE CITY OF
FAYETTEVILLE,
hereinafter called Grantee , does hereby grant, bargain and sell unto the said
Grantee and Grantee's heirs and assigns, the following described land, situated in
WASHINGTON County, State of Arkansas, to wit:
LOT 82 , COPPER CREEK SUBDIVISION , A SUBDIVISION TO THE CITY OF FAYETTEVILLE ,
ARKANSAS, AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO
RECORDER OF WASHINGTON COUNTY, ARKANSAS.
SUBJECT TO EASEMENTS, RIGHT OF WAYS AND RESTRICTIONS OF RECORD, IF ANY.
r'
I certify under the penalty of false swearing that at least the legally correct
amount of documentary stamps have been placed on thiissi�nstrrunient.
/.
XV /Le!/lncl.C..e/IR9. /(/[t 4.�e—ate
Grantee or Agent
TO HAVE AND TO HOLD the lands' and appurtenances thereunto belonging unto the said Grantee and Grantee's heirs
and assigns, forever. And said corporation hereby covenants that it is lawfully seized of said land and premises, that the
same is unencumbered , and that it will forever warrant and defend the title to the said lands against all legal claims
whatever.
IN TESTIMONY WHEREOF the flame of the Grantor is hereunto affixed by its SECRETARY this 28th day of
March, 2002 .
GARY BRANDON ENTERPRISES, INC.
THIS INSTRUMENT WAS PREPARED BY:
ELITE TITLE COMPANY, UNDER THE DIRECTION OF �
GRANTOR/GRANTEE By:
Address for Tax Statement SHERRI D. BRANDON , SECRETARY
THE CITY OF FAYETTEVILLE By :
113 W, Mountain Rd,
Fayetteville , AR 72701
Attn : Parks & Recreation , Kim Rogers
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss.
County of Washington )
On this the 28th day of March, 2002 , before me, a notary public, personally appeared the within named SHERRI D.
BRANDON , to me personally known , who stated that she is the SECRETARY of the GARY BRANDON
ENTERPRISES, INC., a corporation, and is duly authorized in her capacity to execute the foregoing instrument for and
in the name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and
delivered said instrument for the consideration, uses and purposes therein mentioned and set forth .
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal.
My commission expires:
Notary Public
OFFICIAL SEAL RECEIVED
Donna J . Stewart OA021 LS LOVZO - bZ- S
Washington County 2002048
Notary Public-Arkansas MAY 2 4 2002
20
Expires 0512112002 CITY OFFAYETfca ,_LE
CITY CLERICS OFFICE
I, Bette Stamps, Circuit Clerk and Ex-officio Recorder
for Washington County, A kansas, do hereby certify
that this instrument was filed for record in my office as
indicated hereon and the same is now duly recorded
with the acknowledgement and cerfioate thereon
in Record Book and Page as indicated thereon.
IN
WHEREOF ehereunto
hand andaffixed the seatt of said Courtonthe data indi-
cated hereon.
i
Betty s
Cir d Ex-officio Recorder
b - I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Mayor Dan Coody
Fayetteville City Council
FROM: Tim Conklin, A.I.C.P., City Planner
THROUGH: Hugh Earnest, Urban Development Director
DATE: May 17, 2002
BACKGROUND
A.C.A. 14-301 - 102 requires that no street or alley shall be dedicated to public use unless
accepted and confirmed by ordinance (please see attached A.C.A 14-301 - 102). The following
subdivisions have been approved as a final plat by the Planning Commission and contain public
streets that need to be accepted and confirmed by ordinance:
Bridgeport Subdivision Phase VI
Copper Creek Subdivision
Crystal Springs Subdivision, Phase II
CURRENTSTATUS
The Planning Commission has approved the final plats for ordinance compliance and
recordation.
RECOMMENDATION
Staff recommends acceptance and confirmation of the street dedications within these
subdivisions by ordinance.
NextPage LivePublish • • Page 1 of 1
14-301-102. Dedication of streets.
No street or alley which shall be dedicated to public use by the proprietor of ground in any city shall be
deemed to be a public street or alley, or to be under the care or control of the city council, unless the
dedication shall be accepted and confirmed by an ordinance specially passed for that purpose.
History. Acts 1875, No. 1 , § 7, p. l ; C. & M. Dig., § 7608; Pope's Dig., § 9703 ; A.S .A. 1947, § 19-
3802.
http://www.arkleg.state.ar.us/newwebcode/lpext.dlUlnfobase/a3c7/eO78/e l4e/e 174/e 178?f=. .. 5/17/2002
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of June 4 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance accepting the street right -
of -way dedicated with Bridgeport Subdivision Phase VI , Copper Creek
Subdivision , and Crystal Springs Subdivision , Phase II as approved
by the City of Fayetteville Planning Commission .
COST TO CITY :
$ 0
Cost of this request Category/ Project Budget Category/ Project Name
Account Number Funds used to date Program Name
Project Number Remaining balance Fund
BUDGET REVIEW : Budgeted Item Budget Adjustment Attached
Budget Coordinator Administrative Services Director
CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY :
Accounting Manager Date ADA Coordinator Date
City Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommends approval .
0) Cross Reference
Di vapion a �a
i l
D par ent erector Date New Item : Yes No
A P strative Ser ices Date Prev Ord/Res# :
D o,,//r 5/
bayor Date Orig Contract Date :
FAYETTEVILE
THE CITY OF FAYETTEVIEEE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Tim Conklin, City Planner
From: Heather Woodruff, City Clerk
Date: June 5, 2002
Please find attached a copy of Ordinance No. 4399-02 to accept and confirm the dedication of
public streets within the Bridgeport Subdivision, Phase VI, Copper Creek Subdivision, and
Crystal Springs Subdivision, Phase II as approved by the Fayetteville Planning Commission. The
original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
Clyde Randall, GIS Office
John Goddard, GIS Office
NORTHVVVST ARKANSAS S)ITION
A awns Demomt 70a0laziette
RECEIVE[.
JUN 14 2002
AFFIDAVIT OF PUBLICATION ACCTG. DEPT.
I , -0a do solemnly swear that I am
LegAl Clerk of the Arkansas Democrat-Gazette newspaper, printed and
published in Lowell , Arkansas, and that from my own personal knowledge
and reference to the// files of said publication , the advertisement of:
� � 1,4//39 was inserted in the regular editions on
** Publication Charge : $ _ �5 co
ORDINANCE NO.M
Subscribed and swom to before me this
ANORDINANCETHE DEDICATION
TIONACCOF 1
AND CONFIRM OR THE DEDICATION OF
PUBLIC STREETS WITHIN THE
BRIDGEPORT SUBDIVISION,
PHASE VI, COPPER CREEK
day of 12002. AND CRYSTAL
SPRINGS SUBDIVISION,
PHASE 11
AS APPROVED BYTHE FAY-
. ETTEVILLE PLANNING OOMMIS-
SION
WHEREAS, the Fayetteville
` Planning Commission after review of
reports hoer Cary Departments, has
recommended the dedication and ac-
Notary Public naitaneser pub'd,Y to wiUin the
Bndgepod Subdivision, Phase VI,
Copper Creek Sub division, end Cry a- I
tal S�ngs Subdivision, Phase II by
eppavug Ue aforesaid Mal plat.
M Commission Expires: WHEREAS, thaCityorFey-
Y P efleville wishes to fomWly accept and
confirm all such dedication or said
streets pursuant to. A.C.A.
§14301402. .
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL O
** Please do not pay from Affidavit. THE CITY OFYETTEVILLE, ARF
An invoice will be sent. u"sSechanl. Thatthe Cay Cc
d of the City of FayeNewle,
Arkansas hereby specifically ac-
cepts all streets located in the
Bridgeport Subdivision, Phase VI,
Copper Creek SubdNisian, and Cryr
EN SpriPhase III ingFayedevitle,Arkansas es approved by
imp
N-r( fine Feyenen'IIe Planning Commission.
V �� mcly of Fay-
(15 etteville, Arkansas confirms its ac.
es 11 devaloperefpwners tothe City which
My haus been,eppraved by the all
thePASSED and APPROVED this ,
Ow 4U day of June, 2002.
RECEIVED APPROO:CO
By. DAN ED: Map
BAyT�TEST:
JUN 18 2002Clark-
crry OF FAYETTEVILLE
CITY CLERICS OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501 ) 442-1700
010 03 City Fayetteville 6/ 10/2002
Update ndex Maintenance . 14 : 08 : 49
Document Item Action
Reference Date Ref . Taken Brief Description
ORD 6042002 4399 DEDICATION OF PUBLIC STREETS
Enter Keywords . . . . . . . . : - - - - - - - - - - - - - - - - - - - - - -
ORD . 4399
ACCEPT
CONFIRM
DEDICATION
PUBLIC STREETS
BRIDGEPORT SUBDIVISION
PHASE VI
COPPER CREEK SUBDIVISION
CRYSTAL SPRINGS SUBDIVISION
PHASE II
File Reference # . . . . . . : MICROFILM
security Class . . . . . . . . : Retention Type : _
Expiration Date . . . . . . . : * * * * Active * * * *
Date for cont/Referred :
Name Referred to . . . . . . :
Cmdl- Return Cmd8 - Retention Cmd4 - Delete Cmd3 - End Press ' ENTER ' to Continue
CmdS -Abstract Yes No ( c) 1986- 1992 Munimetrix Systems Corp .