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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 .