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. ��
``N�G�LRK/TR�'s,,��
GSA Y 0 .G?j
APPROVED: ATTEST: , '-AYE TrEViLLE � _
tc
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
by `!
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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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I I EXHIBIT C3
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.
RECOMMENDATION
Planning Staff recommends approval of ADM 06-2382, the requested time extension of Ordinance #
4807, with the following conditions:
I. Said vacation
shall not
be
effective until and unless the relocated storm sewer is installed,
inspected and
accepted
by
the City Engineer.
2. Any relocation of existing utilities shall be at the owner/developer's expense.
3. City Council approval of a revised ordinance shall be required to make this request effective.
Cnffineerinz & Jurveyiny
Melvin L. Milholland, PE, PLS
Thomas M. Jefcoat, RLA, REM, CPESC, ISA-CARLS: AR
November 17, 2006
FAYETTEVILLE
125 West Mountain Street
Fayetteville, Arkansas 72701
ATTN: Jesse Fulcher, Planning Division
RE: Amend Ordinance No. 4442 for VA 02-12.00 & 13.00
Greg House - relocation of storm sewer
Dear Jesse:
RESISTRATIONS:
PE: AR, MO; PLS: AR
RLA:AR
Project No. E-787
This correspondence is a request for a non -expiring time extension of the reference project.
MCO was retained by Mr. House to prepare construction plans for approval and thereafter
construction implementation. Because of the expense of the new drainage system Mr. House has
decided to combine it with the rest of the lot improvement construction as one project. It is
undecided at this time when the project will be done.
Because of the timeline uncertainty, we are requesting an extension for the drainage easement
vacation with a non -expiring date.
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.
Senior Projects Manager
cc: Greg House
205 West Center St., Fayetteville, AR 72701; phone (479) 443-4724; fax: 443-4707:
e-mail: MCOengr(&swbell.net; web: www.mcoengr.com
ORDINANCE NO. 4807
AN ORDINANCE APPROVING ADM 05-1848 FOR PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF ST. CHARLES
AVENUE AND WATSON STREET, VACATING A DRAINAGE
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
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 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 01, 2006, this vacation shall be null and
void.
PASSED and APPROVED this 20th day of December, 2005.
ATTEST:
By: /
S NDRA SMITH, City Clerk
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 19th day of August, 2003.
ATTEST:
By:omd"6) ,flcDt-
SONDRA SMITH, City Clerk
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 lie
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 3day of December, 2002.
By:
ATTEST
By.
Bather Woodruff, City Clerk
6
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Assessor's Map
EB Land Works, Inc.
758 Fowler Avenue
Fayetteville, Arkansas 72701
Voice 501.444.7769
Fax 501.444.7793
October 7, 2002
Mr. Tim Conklin, AICP
• Director of.Planning
• City of Fayetteville
• 113 W. Mountain
Fayetteville, Arkansas 72701
RE: Request for Drainage Easement Vacations
Lots 8, 9, & 10 Located in Block 1 of Watson's Subdivision of Lot 14,
Block 8 of County Court Addition
Fayetteville, Arkansas
Dear Mr. Conklin:
The owners of the above
referenced real
estate wish to vacate existing
drainage
easements located within
their property.
The request:meeting the City
of Fayetteville
requirements is attached
in its entirety.
There are two easements of record that are attached for.your review. It is believed by
the petitioner, and concurred through discussions with you and the Assistant City
Attorney, that the two documents represent only one easement, but that the easement
across Lot 9 contains an error. The erroneous description starts the easement. from
the Northwest corner of Lot 8 of Watson's Subdivision, rather: than the Northeast.
When the easement is plotted properly as beginning from the Northeast corner of Lot
8, it encompasses the existing drainage infrastructure as was the purpose of the
drainage easement.
It.is the intention of the petitioner to relocate the existing drainage to the approval of
the City of Fayetteville Engineering. Department and to dedicate easements to the City
as necessary to accommodate the drainage and develop the. property to its. fullest
extent allowed by the current zoning. The petitioner expects this request to be
approved contingent to the these approvals.
Please do not hesitate to call me if you have any questions regarding this request.
Thank you for your consideration.
Best Regards:
v1 -
Mandy R. Bunch, PE
upsVs°° HOUSES DEVELOP ME NT
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III
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.27.06 2:08 PM
Subject: Ords. 4959, 4960 & 4962
Attachments: 4962 ADM 06-2382.pdf; 4959 R-PZD 06-1884.pdf; 4960 R-PZD 06-2212 Exhibit B.
pdf; 4960 R-PZD 06-2212.pdf; 4959 Exhibit B.pdf
CC: Audit; GIS
Jeremy,
Attached is a copy of the above ordinances passed by City Council December 19, 2006. I just received the Exhibit A for
Ord. 4961 and I will continue the processing of this item. If anything else is needed please let me know.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
NORTHWEST ARKANSAS EDITION
•a i
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
ORDINANCE 4962 RECEIVED
Was inserted in the Regular Editions:
December 27, 2006 .IAN 0 4 2007
Publication Charge: $84.40 CITY OFFAYETTEVILLE
CITY CLERK'S OFFICE
vwrnnnu IKV."iusa
Subscribed and �sworn to before me ORDINANDEA PROVING ABM OS 2392, WR •
This�Yday of ' I '(/ / 10 yL f , 2006. HER PROPERTY LOCATED L AT THE N D WATSON CDR-
YYP��✓✓✓�« �'� �'}L✓�W(V/���/// NER OF ST. CHARLES AVENUE AND STCOR- Q G V 1G
STREET, REPEALING ORDINANCE NO. 4807 AND
VACATING DRAINAGE EASEMENTS AS INDICATED ARKANSAS
ON THE ATTACHED MAP AND LEGAL DESCRIP- i
TION
WHEREAS, the City Council has the authority under ACA. § 1454-104 to vacate public gndsNotary PublicLa
or portions thefeol Which are not required for corporate purposes,and
r
WHEREAS, the City Council has determined that the following described drainage easements ere
not required for corporate purposes, and A
WHEREAS, the City Council on several occasions has extended the expiration date for the relo-
cation o7 the existing drainage structures within the affected easernems, and
WHEREAS, due to the expense of the now drainage system, the appllcant4s proposing to com-
bine the new drainage system with an overall site redevelopment, bul Is unable to crrunence Or
My Commission Expires: Couplee the conditions of the vacation prior to the oxplratldn date currently Imposed by the City I
4 r I
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE. ARKANSAS:"
Sharlene D. Williams Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby repeals Ordinance No.
4807 In its entirety. - I
Notary Public Section 2: Thai the City of Fayetteville, Arkansas hereby vacates end abandons the
following described drainage easement: , • - 4 ;
State of Arkansas See Exhibit'A* and Exhibit "8' attached hereto and made a part hereof.
My Commission Expires Section 3: That the City Council of the City of Fayetteville, Arkansas hereby deter" nes tarn this
October 18, 2014 vacation shall not be effective until and unless the relocated storm sower Is Installed by the appii-
cant and accepted by the City Engineer.
Section 4: Theta copy 01 this Ordinance duty certified by the City Clerk Shall be filed In the office UI
the Recorder of the County and recorded In the Deed Records of the County, s a
PASSED and APPROVED this 19th day of December, 20011 -. y.
APPROVED: ATTEST:
By: BY.. �.t a ,•
PAN COODY, Mayo. sONORA SNITN, CHy ChARswasOir
Exhibit'Aand'8' may be viewed in the o )oil lerk§ once -during normal business hrirs:-