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ORDINANCE NO. 4807 ;�
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AN ORDINANCE APPROVING ADM 05- 1848 FOR PROPERTY0 o< =
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LOCATED AT THE SOUTHWEST CORNER OF ST. CHARLES 1 V NJW
AVENUE AND WATSON STREET, VACATING A DRAINAGE a m
EASEMENT AS INDICATED ON THE ATTACHED MAP AND ar
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 the
following described drainage 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 stone 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 01 , 2006, this vacation shall be null and
void.
PASSED and APPROVED this 20'" day of December, 2005 .
APPROVED:
By:
DAN COODY, M or
ATTEST:
G � Y
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O c By: 0 • G�
GAS
S NDRA SMITH, City Clerk c
; FAYETTEVILLE ;
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EXHIBIT "A"
Easement Description #1 :
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 Number 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 /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.
Washington County, AR
I certify this instrument was filed on
01 /20/2006 03:57:31 PM
and recorded in Real Estate
File Number 2006-00002858
Bette Stamps - ircuit Clerk
by
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City of Fayetteville divM OS Imj
Staff Review Form / L q
City Council Agenda Items ��'I 1/'W{I✓LJ
Contracts L�J�t1 sGn
20-Dec-05
City Council Meeting Date
Jeremy Pate Current Planning Operations
Submitted By Division Department
Action Required:
Approval of an ordinance o e
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$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
� " 2 .�j Original Contract Date: n/a
Department birector ok- Na,j Date
e� � y 12 S -6-C Original Contract Number: n/a
y,C t
V Received in City Clerk's Office
City Attorney Date
LReceived in Mayor's Office DIiIR
Mayor L Date
Comments:
City Council Meeting of December 20 2005
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: November 29, 2005
Subject: Approval of an ordinance vacating a drainage easement (ADM 05- 1848)
RECOMMENDATION
Planning Staff recommends approval of an ordinance granting the vacation of a drainage
easement on the subject property.
BACKGROUND
The City Council on December 03, 2002 granted approval for the vacation of the subject
drainage easement submitted by Greg House for property located at the southwest comer
of St. Charles Avenue and Watson Street, VAC 02-12 & 13.00: (Houses Development),
with Ordinance No. 4442. The subject property contains two portions of an existing
drainage easement. The request was to vacate that easement with the intent 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 the requested vacation.
A specific condition of approval for the ordinance to be effective is that an existing storm
sewer be relocated, inspected and accepted by the City Engineer. The original expiration
date for completing this relocation was placed at December 01 , 2003 . Subsequently, the
applicant returned to the City Council with a request to extend the time frame. in which
the storm sewer was to be relocated, which was moved to December 01 , 2005 by
Ordinance No. 4506, amending a section of the original ordinance. The December 01 ,
2005 date has since passed, thus the vacation approval is null and void. At this time, the
applicant's representative submits correspondence indicating that construction plans are
being prepared and an anticipated start date for construction is the first of March, 2006.
However, this did not meet the ordinance criteria for all work to be completed and
accepted by December 01 , 2005.
The request is to reinstate the approval of the vacation, by requesting a new ordinance to
be approved by the City Council, under the same terms of the original approval. The new
date of expiration for all conditions to be met is recommended to be December 01 , 2006.
City Council Meeting of December 20 2005
Agenda Item Number
DISCUSSION
See attached correspondence and staff reports.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING ADM 05- 1848 FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF ST. CHARLES
AVENUE AND WATSON STREEET, VACATING A UTILITY
EASEMENT AS INDICATED 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
/ X
WHEREAS, the City Council has determined thate following described drainage
easements are not required for corporate purposes.
NOW, THEREFORE, BE IT ORDAINED BY RE\CITY\\CCOOUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS : G \�/"� �./
Section 1 . That the City of Fayetteville, Arkansas\by vacates and abandons the
following described utility easement:
See Exhibit "A" attached hereto and�made,a part hereof
Section 2. That a;copry of this Or\n du/ ly ert� by the City Clerk shall be filed
in the office of the Record'r of th County and r corded in the Deed Records of the County once
4zMY
the requirements of Section 3 hav ben satisfied.
Section 3 . ITh ' he�City ':Council of 'th City of Fayetteville, Arkansas hereby
:. ; .
determines thatkth'is`vacation hall 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' heCity Engineer by December 01 , 2006, this vacation shall be null and
void l/
Y1
PASSEDND �PROVED this day of 2005 .
APPROVED:
By
Dan Coody, Mayor
ATTEST:
By
Sondra Smith, City Clerk
" `i& "" amf atuj REGISTRATIONS:
&udineering & Surveying PE: AR, MO
Melvin L. Milholland, PE, PLS PLS: AR
Thomas M. Jefcoat, RLA, REM , CPESC RLA: AR
November 22, 2005 Project No. E-787
FAYETTEVILLE
125 West Mountain Street
Fayetteville, Arkansas 72701
ATTN: Jeremy Pate, Planning Division
RE: Amend Ordinance No. 4442 for VA 02-12.00 & 13.00
Greg House - relocation of storm sewer
Dear Jeremy:
This correspondence is request for a time extension of the reference project.
MCO has been retained by Mr. House to prepare construction plans for approval and thereafter
construction implementation. It is our goal to have construction plans ready for City Engineering
Staff review by mid January and construction started by the first of March.
Your support and approval of this request is greatly appreciated.
Should you have any questions or need of additional information, please advise. Thank you for
your assistance.
Sincerely
Mil an Co a y
Thomas M. efco t, RLA
Senior Projects Manager
cc: Greg House
205 W. Center St., Fayetteville, AR 72101; phone: (479) 443-4724; fax: 4434707; e-mail: MCOengrpswbell.ner web:
www.mcoengr.com
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 190, day of August, 2003.
APPRO
7:
By: 20
ATTEST: DAN COODY, Mayo
}
By: •r 6�
SONDRA SMITH, City Clerk
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
%) 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.
STAFF REVIEW FORM - NON-FINANCIAL OBLIGATION
x AGENDA 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 comer 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 val subject o all i provements being ompleted by December I , 2005.
p Received in Mayor's Office
Division Head 1Ddtc Date -4
—�
fl
City Attmey a
Cross Reference:
Department Director Date
Previous Ord/Res#:
Finance 9 InternalServices Dir. Q Date Orig. Contract Date:
L::2�V-22U ( Orig. Contract Number:
Ch min str jve Officer Date
i
New Item: Yes No
( n4
'a5
Mayor Date
(:JU a3
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 19th day of August, 2003.
APPROVED: 4eh
By:
coo > r
ATTEST:
By:
S IT : , ' , lerk
FAYETTEVILLE CC. Meeting of Aug. 19, 2003
THE CITY OF FAYETTEVILLE, ARKANSAS
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville City Council
FROM: Dawn Warrick, AICP, Senior Planner
THRU: Hugh 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 easement
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
Engineer 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 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.
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.