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.
Dated this Seventh (7th) day of October . 2002 .
62e7& Uw SrE
Printed Name Signature
104� z •
/ da
114
WO'd) 3AV S31MNH3 '1S
�� S 00'S9t A .62,92.20 S
51, o
M N d
` Cl)
U
IN
• 3 w
Lr
x 1 \ t `� xp
}- Y
�' if' _ 1� • � � q
0
ell ►� 04IT C
+ (Do
} �
oNTm (1) .d
ca I IN-: mo <o
I � mZ w �
z a�
I p
' IJu
11 I
co I .290991 3 .99.8S.20 N \
yl I I
I
o 1 I
�I II
IIIA EXHIBIT A
, t2
. o/G� �
- O = • V V __
i
r Q "
mew
� a �
1 . o
o a - -
- U) . _ o
aD ---
iNa
D ,
_ `� �; r • Assessor' s Map
-
x---43 nw3nd ' - kir
-
