HomeMy WebLinkAboutOrdinance 4962 Doc ID : 010766520004 Tvoe : REL
Recorded : 01/22/2007 at 02 : 21 : 22 PM +
Fee Amt : $17 . 00 Paae 1 of 4
Hashlnaton Countv . AR
Bette Staws Circuit Clerk
F11e2007-00002650
ORDINANCE NO, 4962
AN ORDINANCE APPROVING ADM 06-2382, FOR
PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
ST. CHARLES AVENUE AND WATSON STREET,
REPEALING ORDINANCE NO. 4807 AND VACATING
DRAINAGE EASEMENTS 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
WHEREAS, the City Council has determined that the following described drainage
easements are not required for corporate purposes, and
WHEREAS, the City Council on several occasions has extended the expiration date for
the relocation of the existing drainage structures within the affected easements, and
WHEREAS, due to the expense of the new drainage system, the applicant is proposing to
combine the new drainage system with an overall site redevelopment, but is unable to commence
or complete the conditions of the vacation prior to the expiration date currently imposed by the
City Council.
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 repeals
Ordinance No. 4807 in its entirety.
Section 2 : That the City of Fayetteville, Arkansas hereby vacates and abandons the
following described drainage easement:
See Exhibit "A" and Exhibit `B" attached hereto and made a part hereof.
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 by the
applicant and accepted by the City Engineer.
Section 4: 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 19`h day of December, 2006. ��
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APPROVED: ATTEST: , '-AYE TrEViLLE � _
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By:
DAN COODY, Mayor SO1riDRA SMITH, City Clerk/Treasurer "" '
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 44120" 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 Comer of Lot 8, in Watson's Subdivision
of Lot Numbered.]4, 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.
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EXHIBIT " 6,•
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Washington Courity, AR
I certify this instrument .was 'filed :on
01(22/2007 02:21 :22 PM
and recorded in Real Estate
:File Number 2007-0000285
BetteStamps - Circuit . I
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City of Fayetteville y96�
Staff Review. Form
City Council Agenda Items e6
or
Contracts
19-Dec-06
City Council Meeting Date
Jeremy Patel Planning Operations
Submitted By Division Department
Action Required:
ADM 06-2382: (House Vacation Extension, 484): Submitted by Milholland Company for.properly located at the southwest
corner of St. Charles Avenue and Watson Street. Approval of an ordinance repealing and replacing Ordinance No. 4807
(ADM 05- 1848), allowing for a non-expiring time extension for the approved easement vacation.
$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 Dale Program / Project Category Name
n/a n/a n/a
$
- F
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
Department Dir ctor Date Original Contract Date: n/a
Original Contract Number: n/a
City A
Received in City Clerk's Offi
Finance and Internal Service Director Date
Received in Mayors Office E
/J a ,
Mayor Date
Comments:
City Council Meeting of December 19, 2006
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 4
Date: November 30, 2006
Subject: (ADM 06-2382) House Vacation Extension of Ordinance No. 4807, granting a non-
expiring time extension for the approved easement vacation
RECOMMENDATION
Planning Staff recommends approval of an ordinate repealing and replacing Ordinance No. 4807
(ADM 05- 1848), allowing for a non-expiring time extension for the approved easement vacation.
BACKGROUND
The subject property is located at the southwest corner of St. Charles Avenue and Watson Street,
containing two portions of an existing drainage easement. The developer plans to process a
project proposal in which the drainage will be relocated and new easements established in
combination with the redevelopment of the property. New easements and drainage improvements
are conditions of approval for this requested vacation.
The City Council on December 03, 2002 granted approval for the vacation of the subject drainage
easement, VAC 02-12 & 13.00: (Houses Development), with Ordinance No. 4442. A specific
condition of approval for the ordinance to be effective is that the 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. December 01 , 2005 passed and the applicant had not relocated
the storm sewer and consequently the vacation approval was null and void. The applicant again
requested that the City Council vacate said easement on December 20, 2005. The City Council
passed Ordinance # 4807 vacating said easement with a condition of approval that the existing
storm sewer be relocated, inspected and accepted by the City Engineer prior. to December 1 ,
2006.
Due to the expense of the new drainage system the applicant has decided to combine the new
drainage system with the overall site redevelopment. However, at this time the applicant is
undecided as to the time frame for the project. Therefore, the applicant requests a non-expiring
time extension for the referenced project, which is typical of many vacation requests.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING ADM 06-2382, FOR
PROPERTY LOCATED AT THE .SOUTHWEST CORNER OF
ST. CHARLES AVENUE AND WATSON STREET,
REPEALING ORDINANCE NO. 4807 AND VACATING
DRAINAGE EASEMENTS 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
WHEREAS, the City Council has determined that the following described drainage
easements are not required for corporate purposes, and
WHEREAS, the City Council on several occasions has extended the expiration date for
the relocation of the existing drainage structures within the affected easements, and
WHEREAS, due to the expense of the new drainage system, the applicant is proposing to
combine the new drainage system with an overall site redevelopment, but is unable to commence
or complete the conditions of the vacation prior. to the expiration date currently imposed by the
City Council ;
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 repeals
Ordinance No. 4807 in its entirety.
Section 2. That the City of Fayetteville, Arkansas hereby vacates and abandons the
following described drainage easement:
See Exhibit "A" and Exhibit `B" attached hereto and made a part hereof.
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 by the applicant and accepted by the City Engineer.
Section 4. 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 12006.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
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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 comer 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 Descriotion #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.
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aye I PC Meeting of November 27, 2006
AA KANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM : Jesse Fulcher, Current Planner
THRU : Jeremy Pate, Director of Current Planning
DATE: November 21, 2006
ADM 06-2382: Administrative Item (House Vacation Extension, 484) : The request is for an
extension of the approval for a vacation of a utility easement as approved and amended by the City
Council with Ordinance No. 4807, regarding the timing for the relocation of a storm sewer on the
subject property.
Planner: JESSE FULCHER
BACKGROUND
Project Description: The subject property is located at the southwest corner of St. Charles Avenue
and Watson Street, containing two portions of an existing drainage easement. The applicant requests
a non-expiring time extension of ADM 05- 1848 passed and approved as Ordinance # 4807. The
developer plans to process a project proposal in which the drainage will be relocated and new
easements established in combination with the redevelopment of the property. New easements and
drainage improvements are conditions of approval for this requested vacation.
Background: The City Council on December 03 , 2002 granted approval for the vacation of the
subject drainage easement, VAC 02-12 & 13.00: (Houses Development), with Ordinance No.
4442. A specific condition of approval for the ordinance to be effective is that the 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. December 01 , 2005 passed and the applicant had not relocated the storm
sewer and consequently the vacation approval was null and void. The applicant again requested that
the City Council vacate said easement on December 20, 2005. The City Council passed Ordinance
# 4807 vacating said easement with a condition of approval that the existing storm sewer be
relocated, inspected and accepted by the City Engineer prior to December 1 , 2006.
Proposal: Due to the expense of the new drainage system the applicant has decided to combine the
new drainage system with the overall site redevelopment. However, at this time the applicant is
undecided as to the time frame for the project. Therefore, the applicant requests a non-expiring time
extension for the referenced project, which is typical of many vacation requests.
