HomeMy WebLinkAboutOrdinance 4442 ORDINANCE NO. 4442
AN ORDINANCE APPROVING VA 02-12.00 and 13 .00 TO VACATE
AND ABANDON A SECTION OF DRAINAGE EASEMENTS
LOCATED AT THE SOUTHWEST CORNER OF WATSON AND ST.
CHARLES AVENUE, CITY OF FAYETTEVILLE, ARKANSAS, AS
SHOWN ON THE ATTACHED MAP AND LEGAL DESCRIPTION
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 drainage
easements are 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 of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described utility
easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be
filed in the office of the Recorder of the County and recorded in the Deed Records of the County
once the requirements of Section 3 have been satisfied.
Section 3 . That the City Council of the City of Fayetteville, Arkansas hereby
determines that this vacation shall not be effective until and unless the relocated storm sewer is
installed and accepted by the City Engineer. If the relocated storm sewer is not completed by the
applicant and accepted by the City Engineer by December 1 , 2003, this vacation shall be null and
void.
�S d APPROVED this the 3`d day of December, 2002.
ed
l !► -``f^ . APP: VEDA24-
DAN
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COODY, May
ATTEST: Doc ID -IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Reeor ' 04/15/20030at701 :32:32 PM
By. l'�'2 Fee Amt : $11 . 00 P'Oe 1 of 2
CircuBather Woodruff, City Clerk eette�Stamosounty . AR
Clerk
F1Ie2003_00021984
Y 1 4442 •
EXHIBIT "A"
Easement Description #1 :
A fifteen (15) foot wide permanent drainage easement described as being seven and one-half (7 '/2)
foot on both sides of a center line that is within the above described property. Said centerline
described as beginning 36.70 feet south of the northeast corner of lot 8, in Watson' s Subdivision
of lot numbered 14, block 8, County Court Addition to the City of Fayetteville, Arkansas; thence
south 27 degrees 33 '22"west 38.08 feet; thence south 74 degrees 44'20" west 158 . 18 feet.
Easement Description #2 :
A Fifteen ( 15) foot wide permanent drainage easement described as being seven and one-half (7
/2) foot on both sides of a center line that is within the above described property. Said centerline
described as beginning 36.70 feet south of the NORTHWEST Corner of Lot 8, in Watson' s
Subdivision of Lot Numbered 14, Block 8, County Court Addition to the City of Fayetteville,
Arkansas; thence South 27 degrees 33 '22" West 38.08 feet; thence South 74 degrees 44' 20" West
158. 18 feet.
AR
Washington County, nj
1 certify tills "01t32 32 PM s filed on
040512003 al Estate
and recorded in R 0021984
File Number 2 a uit Clerk
Bette StamPs I
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• 0
NAME OF FILE: Ordinance No. 4442
CROSS REFERENCE:
Item # Date Document
1 12/03/02 Ord. No. 4442 w/Ex. A
2 11 /04/02 Staff Review Form w/attachments:
memo to City Council
draft ordinance
10/24/02 memo to Planning Commission
copy of 10/7/02 Petition to Vacate w/Ex. A
copy of assessor's map
copy of legal description
copy of 10/7/02 letter to Tim Conklin
copy of 10/24/02 memo to Planning Commission
copy of Planning Commission Action
copy of close-up view
copy of one mile view
3 12/09/02 =memo Tim Conklin
`f L 0 I J �i ion
NOTES:
i •
STAFF REVIEW FORM
X Agenda Request
_ Contract Review
Grant Review
For the Fayetteville City Council meeting of November 19 , 2002 .
FROM :
Tim Conklin Planning Urban Development
Name Division Department
ACTION REQUESTED : To approve an ordinance for VA 02 - 12 . 00 & 13 . 00 as submitted by
Greg House for property located at the southwest corner of St . Charles Avenue and
Watson Street . The request is to vacate a drainage easement . See the attached
maps and legal descriptions for the exact locations of the requested easement .
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 :
AntiW Manager Date ADA Coordinator Date
r kyC1 1//l / d2
City ' Attorney Date Internal Auditor Date
Purchasing Officer Date
STAFF RECOMMENDATION : Staff recommended approval and on October 28 , ` 2002 the
Planning Commission voted 8 -0-0 to recommend the vacation be approved by the City
Council .
U/- 01 Cross Reference
Div ' ion e 1 to
/❑ �6 v021D p e ector ❑❑❑aate� � New Item : Yes No
`may
Admi tra ' ve Se vices D e Prev Ord/Res# :
Dir c r
% dam
M r Da e Orig Contract Date :
FAYETTEVILLE CC Meeting of Nov . 19, 2002
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Dawn Warrick, AICP, Senior Planner
THRU: Hugh Earnest, Urban Development Director
DATE: November 4, 2002
VAC 02-12& 13.00: (Houses Development, pp 484) was submitted by Greg House for
property located at the southwest corner of St. Charles Avenue and Watson Street. The
request is to vacate a drainage easement. See the attached maps and legal descriptions for
the exact locations of the requested easement vacations.
Background:
The subject property, located at the southwest corner of St. Charles Ave. and Watson St.,
contains two portions of an existing drainage easement. This request is to vacate that
easement with the intention of developing the site under its current zoning designation of
C-3, Central Commercial. The developer plans to process a project proposal in which the
drainage will be relocated and new easements established. New easements and drainage
improvements are conditions of approval for this requested vacation.
Utility & Adjoining Property Owner Comments:
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are as follows: .
Ozarks Electric - NA
Southwestern Electric Power Company - NA
Arkansas Western Gas - NA
SW Bell — NA
Cox Communications - NA'
City of Fayetteville:
Water/Sewer — NA
Street Department - NA
Solid Waste - NA
Engineering — No objections.
Current Status:
On October 28, 2002 the Planning Commission voted 8-0-0 to forward this request to the
City Council with a positive recommendation. The item was considered as a part of the
Planning Commission' s consent agenda.
Recommendation: Approval of the proposed easement vacations VAC 02- 12&3.00
ORDINANCE NO,
AN ORDINANCE APPROVING VA02- 12.00 and 13 .00 TO VACATE AND
ABANDON A SECTION OF DRAINAGE EASEMENTS LOCATED AT THE
SOUTHWEST CORNER OF WATSON AND ST. CHARLES AVENUE, CITY
OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON THE ATTACHED MAP
AND LEGAL DESCRIPTION.
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 drainage
easements are 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 of Fayetteville, Arkansas hereby vacates and abandons all of
its rights together with the rights of the public generally, in and to the following described utility
easement:
See Exhibit "A" attached hereto and made a part hereof.
Section 2. That a copy of this Ordinance duly certified by the City Clerk shall be
filed in the office of the Recorder of the County and recorded in the Deed Records of the County.
PASSED AND APPROVED this day of 52002.
APPROVED:
®RAFT
By
Dan Coody, Mayor
ATTEST:
By
Heather Woodruff, City Clerk
EXHIBIT "A"
Easement Description # 1 :
A fifteen ( 15) foot wide permanent drainage easement described as being seven and one-half (7 ''/2)
foot on both sides of a center line that is within the above described property. Said centerline
described as beginning 36.70 feet south of the northeast comer of lot 8, in Watson's Subdivision
of lot numbered 14, block 8, County Court Addition to the City of Fayetteville, Arkansas; thence
south 27 degrees 33 '22"west 38.08 feet; thence south 74 degrees 44'20" west 158. 18 feet.
Easement Description #2:
A Fifteen ( 15) foot wide permanent drainage easement described as being seven and one-half (7
%2) foot on both sides of a center line that is within the above described property. Said centerline
described as beginning 36.70 feet south of the NORTHWEST Corner of Lot 8, in Watson's
Subdivision of Lot Numbered 14, Block 8, County Court Addition to the City of Fayetteville,
Arkansas; thence South 27 degrees 33 '22" West 38.08 feet; thence South 74 degrees 44' 20" West
158 . 18 feet.
• VAC 02-12,13. 00
Page I
PC Meeting of October 28, 2002
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS Easement Vacation
113 W. Mountain St.
Fayetteville, AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner, A.I.C.P.
FROM: Sara Edwards, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: October 24, 2002
Project: VAC 02-12,13.00: (Houses Development, pp 484) was submitted by Greg House
for property located at the southwest corner of St. Charles Avenue and Watson Street. The request is
to vacate a drainage easement. See the attached maps and legal descriptions for the exact locations of
the requested easemebt vacation.
No objections from the adjacent property owners have been submitted to the City.
The applicant has submitted the required notification forms to the utility companies and to the
City. The results are as follows:
Ozarks Electric - NA
Southwestern Electric Power Company - NA
Arkansas Western Gas - NA
SW Bell — NA
Cox Communications - NA
City of Fayetteville:
Water/Sewer — NA
Street Department - NA
Solid Waste - NA
Engineering — No objections.
Recommendation: Approval of the proposed easement vacation 02- 12, 13 .00.
Conditions of Approval:
1 . Installation of new storm sewer to route the storm water around this site and the
dedication of required associated easements. Vacation of the drainage easement will not
be complete until the relocated storm sewer is installed and accepted by the City of
Fayetteville.
PETITION TO VACATE DRAINAGE EASEMENTS LOCATED IN LOTS EIGHT (8), NINE (9), AND
TEN (10) IN BLOCK NUMBERED ONE (1 ) IN WATSON'S SUBDIVISION OF LOT FOURTEEN (14)9
BLOCK EIGHT (8) OF THE COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AND PART OF LOT THIRTEEN (13), OF BLOCK EIGHT (8) OF THE COUNTY COURT
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS.
TO: The Fayetteville City Planning Commission and The Fayetteville City Council
We, the undersigned, being all owners of the real estate abutting the Drainage Easements
hereinafter sought to be abandoned and vacated, lying in Lots Eight (8), Nine (9), and Ten (10)
in Block Numbered One (1 ) in Watson's Subdivision of Lot Fourteen (14), Block Eight (8) of the
County Court Addition to the City of Fayetteville, Arkansas, and Part of Lot Thirteen (13), of
Block Eight (8) of the County Court Addition to the City of Fayetteville, Arkansas, a municipal
corporation, petition to vacate drainage easements which are described as follows:
Easement Description #1 :
A Fifteen (1 S) foot wide permanent drainage easement described as being seven and one-half (7- 1 /2)
foot on both sides of a center line that is within the above described property. Said centerline described
as beginning 36.70 feet south of the NORTHEAST Corner of Lot 8, in Watson's Subdivision of Lot
Numbered 14, Block B. County Court Addition to the City of Fayetteville, Arkansas; thence South 27
degrees 33' 22" West 38.08 feet; thence South 74 degrees 44'20' West 158. 18 feet.
Easement Description #2 :
A Fifteen (I S) foot wide permanent drainage easement described as being seven and one-half (7- 1 /2)
foot on both sides of a center line that is within the above described property. Said centerline described
as beginning 36.70 feet south of the NORTHWEST Corner of Lot S. in Watson's Subdivision of Lot
Numbered 14, Block 8, County Court Addition to the City of Fayetteville, Arkansas; thence South 27
degrees 33' 22" West 38.08 feet; thence South 74 degrees 44'20" West 158. 18 feet.
That the abutting real estate affected by said abandonment of the Drainage Easements are Lots
13 & 14 of Block 9 of the County Court Addition to the City of Fayetteville, Arkansas 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 above described easements.
The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above
described real estate, subject to the dedication of appropriate easements and infrastructure to
convey drainage through their property as required, and that the above described real estate be
used for their respective benefit and purpose as now approved 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 the
dedication of appropriate easements and infrastructure to convey drainage through their
property as required, and that the above described real estate be used for their respective
benefit and purpose as now approved by law, and as to that particular land the owner be free
from the easements of the public for the use of said drainage easements.
Dated this Seventh (7th) day of October . 2002 .
Gi2EG S-IG ALP
Printed Name Signature
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