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Home My WebLink About24-07 RESOLUTIONRESOLUTION NO. 24-07 A RESOLUTION TO CONVEY A TEN FOOT NO BUILD EASEMENT AROUND A PROPOSED BUILDING BY ED BRADBERRY ABOVE THE TEN FOOT ALLEY AT THE TOWN CENTER SITE WHEREAS, Mr. and Mrs. Ed Bradberry are proposing to build a structure on his property off the Town Center Plaza and to the Northeast of the Town Center; and WHEREAS, the City has no plan to construct further structures above the ten foot alley beyond the exisring Town Center Plaza which bridges this alley; and WHEREAS, in order to ensure greater then five foot fire separation for windows or openings of Ed Bradberry's proposed building in the direction of this alley, the City would need to grant a ten foot no build easement along the forty foot exterior of the proposed building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants a no build easement for fire safety purposes to Mr. and Mrs. Ed Bradberry described as follows: This No -Build Easement would prevent future construction above 1432.53 feet above mean sea level other than Encroachments into Public Right of Way allowed by International Building Code. Point of Beginning (P.O.B.) is the southeast corner of Block 30, Lot 1 of the Original Town of Fayetteville, Arkansas; thence N87°28'02"W 40.0 feet; thence South 10.1 feet; thence East 40.0 feet and thence North 10.1 feet, more or less, to point of beginning and containing approximately 405 square feet. .. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby conditions the granting of this no build easement on thesuccessful construction of the proposed building by the Bradberrys within three years of this date. If this proposed building is not approved or not constructed within three years of the date of this Resolution's approval, the no build easement shall be void and unenforceable. PASSED and APPROVED this 6th day of February, 2007. m ow < cd.5 .V E5 MbUY� � >-Q � z Z J 03 DLOCr..30 LOT OU Z U 0 0_ 0 Z 0 9l flf1 re elven • [s__, N 10'• n.9Zf m w to Y J cs H W J O J a • 0 O 1- w Iw ww z in Ino 0 Ls, D_ J O Q 0 3 a 0 • I- ce LA Li_ LA .^ ¢ 60£-PanD109 _ OU .dz06 PI.00.80.Z8N. Q. 0 0. 11YM ,1,13JVS '0NO3 01. w Tow1t ci•tTeR r in 0, NQ-bUILD EA5fME T- 3ALE1" l0--0" NQPTH ci in t f N 0.0 • ALDERMAN AGENDA REQUEST FORM FOR: COUNCIL MEETING OF FEBRUARY 6, 2007 05 0-/&/07 ay�a7 auk( .Mt - FROM: ALDERMAN ROBERT RHOADS ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Convey A Ten Foot No Build Easement Around A Proposed Building By Ed Bradberry Above The Ten Foot Alley At The Town Center Site APPROVED FOR AGENDA: Robert Rhoads Alderman it Williams City Attorney (as to form) Date �-le-d'7 Date AmirmoeZFosterHaileyJohnsort MEMORANDUM Architects & flamers 11/9106 To: Bob Estes From: Jim Foster Reference: Five West Mountain, No Build Easements As you prepare for securing no -build easement(s), I took time to verify what is needed so not to request more than is necessary. Byre separation distancesgovern the percentage of unprotected openings allowed for a floor level. A no -build restriction would have to be at least twice the separation distance. South Exposure For the south exposure a separation greater than 5 feet for a sprinklered building allows as much as 25% openings for business occupancy and unlimited openings for R-3. That means that a no -build casement of 10.1 feet would be sufficient to allow the openings in ow current design. There is a 10 -foot alley along this exposure which should minimize objections to such easement West Exposure Per the note from Steve Cattaneo, a no build easement is recommended even though the Bradberrys own these lots just in case they were sold one day. You and Kit may determine this is not required considering the protections afforded by the lease to the City. If it is needed, the Bradberrys could probably record an easement without City action. On this face we would want a 30.1 foot easement or greater. It must not include the area dne west of One West Mountain. Post Office Box 810.100 West Center, suite 302 • Fayetteville, AR 72702.479-442-5565 • FAX 479-442-8849 1 AAA .A,1 WYLS:L 9001 '6 '^°N RESOLUTION NO. A RESOLUTION TO CONVEY A TEN FOOT NO BUILD EASEMENT AROUND A PROPOSED BUILDING BY ED BRADBERRY ABOVE THE TEN FOOT ALLEY AT THE TOWN CENTER SITE WHEREAS, Mr. and Mrs. Ed Bradberry are proposing to build a structure on his property off the Town Center Plaza and to the Northeast of the Town Center; and WHEREAS, the City has no plan to construct further structures above the ten foot alley beyond the existing Town Center Plaza which bridges this alley; and WHEREAS, in order to ensure greater then five foot fire separation for windows or openings of Ed Bradberry's proposed building in the direction of this alley, the City would need to grant a ten foot no build easement along the forty foot exterior of the proposed building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants a no build easement for fire safety purposes to Mr. and Mrs. Ed Bradberry described as follows: This No -Build Easement would prevent future construction above 1432.53 feet above mean sea level other than Encroachments into Public Right of Way allowed by International Building Code. Point of Beginning (F.O.B.) is the southeast corner of Block 30, Lot 1 of the Original Town of Fayetteville, Arkansas; thence N87°28'02"W 40.0 feet; thence South 10.1 feet, thence East 40.0 feet and thence North 10.1 feet, more or less, to point of beginning and containing approximately 405 square feet. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby conditions the granting of this no build easement on the successful construction of the proposed building by the Bradberrys within three years of this date. If this proposed building is not approved or not constructed within three years of the date of this Resolution's approval, the no build easement shall be void and unenforceable. PASSED and APPROVED this 6th day of February, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer AmirmoezFo sterH aileyJohns on • December 11, 2006 Kit Williams, City Attorney City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Architects & Planners Ref: Five West Mountain, No Build Ordinance & Encroachments into Public Right of Way Dear Kit: This provides technical information I believe may be necessary for the City Council action that you, Bob Estes and I have discussed on behalf of Ed and Karlee Bradberry. Legal Description This No -Build Easement would prevent future construction above 1431.53 feet above mean sea level other than Encroachments into Public Right of Way allowed by International Building Code. Point of Beginning (P.O.B.) is the southeast corner of Block 30, Lot 1 of the Original Town of Fayetteville, Arkansas; thence N87°28'02"W 40.0 feet; thence South 10.1 feet; thence East 40.0 feet and thence North 10.1 feet, more or Tess, to point of beginning and containing approximately 405 square feet. Note that this is above a 10 -foot alley. The distance requested would assure greater than 5 - foot fire separation, sufficient for the percentage of openings per floor in our design for Five West Mountain. It was my thought to mention Encroachments into Public Right of Way so this ordinance would not preclude the sunscreens and balconies planned for the south face of Five West " Mountain:Per your -suggestion, -we agree it would be in order: to mention to City Council-- that the International Building Code has requirements by which Encroachments into Public Right of Way may be permitted without each such request requiring action by City Council. Sincerely, AmirmoezFosterHaileyJohnson Laleh Amirmoez, AIA James 11. Foster. FAIA Zed Johnson, AIA William J. Browner. CSI John Krug, AIA Newton Hailey, Jr., AIA Retired wo Post Office Box 810 Fayetteville, AR 72702 100 West Center Suite 302 telephone 479.442.5565 facsimile 479.442.8849 RESOLUTION NO. A RESOLUTION TO CONVEY A TEN FOOT NO BUILD EASEMENT AROUND A PROPOSED BUILDING BY ED BRADBERRY ABOVE THE TEN FOOT ALLEY AT THE TOWN CENTER SITE WHEREAS, Mr. and Mrs. Ed Bradberry are proposing to build a structure on his property off the Town Center Plaza and to the Northeast of the Town Center, and WHEREAS, the City has no plan to construct further structures above the ten foot alley beyond the existing Town Center Plaza which bridges this alley; and WHEREAS, in order to ensure greater then five foot fire separation for windows or openings of Ed Bradberry's proposed building in the direction of this alley, the City would need to grant a ten foot no build easement along the forty foot exterior of the proposed building. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants a no build easement for fire safety purposes to Mr. and Mrs. Ed Bradberry described as follows: This No -Build Easement would prevent future construction above 1432.53 feet above mean sea level other than Encroachments into Public Right of Way allowed by International Building Code. Point of Beginning (F.O.B.) is the southeast corner of Block 30, Lot 1 of the Original Town of Fayetteville, Arkansas; thence N87°28'02"W 40.0 feet; thence South 10.1 feet, thence East 40.0 feet and thence North 10.1 feet, more or less, to point of beginning and containing approximately 405 square feet. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby conditions the granting of this no build easement on the successful construction of the proposed building by the Bradberrys within three years of this date. If this proposed building is not approved or not constructed within three years of the date of this Resolution's approval, the no build easement shall be void and unenforceable. PASSED and APPROVED this 6th day .of February, 2007. APPROVED: ATTEST: By: - By: DAN COODY, Mayor S.ONDRA SMITH, City Clerk/Treasurer three years of the date of this Resolution's approval, the no build easement shall be void and unenforceable. PASSED and APPROVED this 6w day of February, 2007. APPROVED: ATTEST• By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer From: To: Date: Subject: Attachments: CC: Alderman Rhoads: Attached is a copy me know. Have a Thanks. Clarice Clarice Pearman Rhoads, Robert 2.14.07 1:15 PM Res. 24-07 24-07 Bradberry No Build Esmt.pdf Audit of the above resolution passed by City Council, February 6, 2007. If anything else is needed please let good day. Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@cilayetteville.ar.us (2.14.07) Clarice Page 1 Pearman - Res. 24 07 From: To: Date: Subject: Attachments: CC: Alderman Rhoads: Attached is a copy me know. Have a Thanks. Clarice Clarice Pearman Rhoads, Robert 2.14.07 1:15 PM Res. 24-07 24-07 Bradberry No Build Esmt.pdf Audit of the above resolution passed by City Council, February 6, 2007. If anything else is needed please let good day. Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@cilayetteville.ar.us