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HomeMy WebLinkAboutOrdinance 4506 • 0 . ORDINANCE NO. 4506 AN ORDINANCE AMENDING ORDINANCE NO. 4442 TO EXTEND THE PERIOD OF TIME WITHIN WHICH THE DEVELOPER MUST RELOCATE THE STORM SEWER. 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 amends Ordinance No. 4442 to change the required completion date of the storm sewer relocation from December 1, 2003 to December 1, 2005. PASSED and APPROVED this 19'x' day of August, 2003. API'ROV , , 7 By: G ♦ a DAN COODY, Mayo By : 70 J 6 SONDRA SMITH, City Clerk 0 0 NAME OF FILE: Ordinance No. 4506 CROSS REFERENCE: Item # Date Document 1 08/01 /03 Staff Review Form w/attachments draft ordinance memo to Mayor/City Council copy of Ord. No. 4442 copy of minutes re: VAC 02-12.00 & 13.00 memo to Planning Commission copy of Petition to Vacate copy of letter EB LandWorks Close up View VAC 02-1T&-1 3 One Mile View VAC 02-12 & 13 2 08/27/03 memo to Dawn Warrick 3 09/13/03 lAffidavit of Publication NOTES : STAFF RAW FORM - NON-FINANCIAL OBLVATION x AGIiNDA REQUEST For the Fayetteville City Council Meeting of . August 19, 2003 FROM : Dawn Warrick Planning CP&E Name Division Department ACTION REQUIRED: Ordinance Approval . SUMMARY EXPLANATION : To amend approved ordinance No. 4442 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 drainage easement was vacated by the City Council on December 3 , 2002 subject to a relocation of• the storm sewer being completed by the applicant and accepted by the City Engineer by December 1 , 2003 . The applicant is requesting to extend that date to December 1 , 2005 . STAFF RECOMMENDATION : Appr vat subject a all i provements being ompleted by December 1 , 2005 . / p Received in Mayor's Office Di sion I lead Wte Date City Att ntey a c Cross Relerence:_ Department Director Date Previous Ord/Res#/ : Finance d Internal Services Dir. Q Datet� Orig. Contract Date: Orig. Contract Number: Ch' min str qve Officer Date ✓/ New Item : Yes No ayor Date \_' TLM ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 4442 TO EXTEND THE PERIOD OF TIME WITHIN WHICH THE DEVELOPER MUST RELOCATE THE STORM SEWER. 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 amends Ordinance No. 4442 to change the required completion date of the storm sewer relocation from December 1 , 2003 to December 1 , 2005. PASSED and APPROVED this 191h day of August, 2003. APPROVED: By: -�-- N COODY! Iyt�r A (TEST: i By: 1 SQDMRA SMITH, 'itysClerk 0 0 FAYETTEVILLE CC Meeting of Aug. 19, 2003 'I1IP. CITY OI' FAYE ITE.VILI .n, ARKANSAS 113 W. Mountain St. Fayetteville. AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Fayctteville City Council FROM : Dawn Warrick, AICP, Senior Planner THRU : I Iugh Earnest, Urban Development Director DATE: July 31 , 2003 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 repeal and replace Ordinance No. 4442 and to vacate a drainage casement subject to Section 3 reading as follows: ""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 Fngineer by December 1 , 2005 this vacation shall be null and void." 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 casement. This request is to vacate that casement 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 casements established. New casements and drainage improvements arc conditions of approval for this requested vacation. Current Status: On December 3 , 2002 the City Council voted to approve the requested vacation subject to a relocation of the storm sewer being completed by the applicant and accepted by the City Engineer by December 1 , 2003 . The applicant is now requesting to extend the completion date of the relocation of the storm sewer to December 1 , 2005 due to project scheduling. Recommendation: Approval of the proposed ordinance amendment. 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 rcquircd 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. PASSED and APPROVED this the 3 d day of December, 2002. APPR VED: By: DAN COODY, Mayo ATTEST: By: ! Y 1 Bather Woodruff, City Clerk 117 • 4442 • EXHIBIT "A" Easement Description #1 : A fifteen (15) foot wide permanent drainage easement described as being seven and one-half (7 %) 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 /1) 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 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. Planning Commission • • October 28, 2002 Page 4 VAC 02-12.00 & 13,00 (1021 & 1022): Vacation (Houses Development, pp 484) was submitted by Mandy Bunch of EB Landworks, Inc. on behalf of Greg House of Houses Development Co. for property located at the southwest comer of Watson Street and St. Charles Avenue. The property is zoned C-3, Central Commercial and contains approximately 0. 12 acres. The request is to vacate two utility easements. Aviles: Thanks Renee. We are going to go ahead and hear the consent items separately. The first item on the consent agenda is VAC 02- 12.00 and 13 .00, which is a Vacation for houses Development. Is there any member of the public that would wish to remove this from our consent agenda or the Planning Commission? Shackelford : Madam Chair, I will recuse from this vote but I have no problem with it. Aviles: Ok, thanks Commissioner. Renee, would you call the roll please on item one? Roll Call: Upon completion of roll call the first consent item was approved by a vote of 7- 0- 1 with Commissioner Shackelford recusing. Aviles: Thanks Renee. That item is approved. • VAC 02-12, 13. 0 Page I PC Meeting of October 28, 2002 FAYETTEVILLE THE CITV 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 I louse for property located at the southwest corner of St. Charles Avenue and Watson Street. 'Ibe request is to vacate a drainage easement. See the attached maps and legal descriptions for the exact locations of the requested casemebt 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 Citv. 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 ofthe 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 he complete until the relocated storm sewer is installed and accepted by the City of Fayetteville. 0 9 PETITION TO VACATE DRAINAGE EASEMENTS LOCATED IN LOTS EIGHT (8), NINE (9), AND TEN ( 1 0) IN BLOCK NUMBERED ONE (1 ) IN WATSOWS SUBDIVISION OF LOT FOURTEEN ( 14), BLOCK EIGHT (8) OF THE COUNTY COURT ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND PART OF LOT THIRTEEN ( 1 3), 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 (1 0) 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 # I : A Fifteen ( 15) 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 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 1 58. 1 8 feet. Easement Description #2 : 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 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. 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. 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