HomeMy WebLinkAboutOrdinance 5413 i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 ilii ilii
Dlo
ID: 014087540003 Type: REL
d: ORDINANCE
corded: 08/30/2011 at 11:04:30 AM
Fee Amt: $25.00 Pace i of 3
Washincton Countv. AR
Bette stamp Circuit017967
Fi1e201
ORDINANCE NO. 5413
AN ORDINANCE APPROVING VAC 11-3837 SUBMITTED BY MORGAN
HOOKER FOR PROPERTY LOCATED AT 1849 SOUTH GARLAND
AVENUE TO VACATE A PORTION OF AN UN-CONSTRUCTED RIGHT-
OF-WAY, A TOTAL OF 258 SQUARE FEET.
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 portion of the
un-constructed right-of-way is 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 Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following right-of-way as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That this vacation approval is subject to the following Condition of Approval -
and shall not be in effect until this condition is met:
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this 7ffi day of June, 2011.
APPROVED: ATTEST:
,e`N1�11►iPP)po��
By-
O LD JO , Mayor SON RA E. SMITH, City Clerk/Treas��, :°G�AY �F°°•G�
oU° °
o •
:FAYETTEVILLE o
s4 • °A1 a
9�°9�1ri1'+Sr�V�e`w`
gOi�R�Gea'��
Exhibit 'A'
Q^�
►"J r 1 3
VAC 11-353 1 _ f r �r,�y
tiarMt.mTRdlraod Co puny N +_ ?7x y 61 I fir 3
'rq
�W" Hall `c
wt
saw
51TE- 82:2
+� r'�.
Rutldlnq II IF-
coo
l ��� f-Cade::T
I
f W vacated/4
2�8 sq.ft. JL
I _
!100
Prireeray + °'
Vicinity Ma
Part of the Southeave 1/4 of the y `
wthaost 1/4 o1 Section 26, T16N, FBOW i 'i --� s I Not to Scalp I
Total Area 1 i pullding II r ! d p
190,916 squoro feat& l t F !
50' a+.ikTing !j- Ik-
;.38 ocrast --I ! RJ s,I�ak I a _
1 1- The bowWary canfigvmtlan shown on this survwo dost not purport to be o
tract epee,rvpint or ens'mh.r eubeerlse9n at fond as maybe defined b1'
�I city, cornu.—state la,r.
l = 1= "� ` �•I"` 2. Except as @pec#tcally coned or shown on this plat,*A curry doe@ nal
1 I 1 I purped Fs reflect any of the following-kith nw be applkabk to 1ha
II J wbW teal asfal:
— q ! Las.m.nes.other Men passBpk ew.nrnle rhloh ere visible at thm dim.a}
%Wmak" of tole surmr,building nlbwk Inter,restrcHre covenants;
�I`uhi`J Nall twbWrhlon reekiNbsne:sonlry or oMr@r lard-we regrlatians.ar ar1y otMr
tr V rt �� .!f i fae6 whlah on"tyrant Dred currant ltfle search may dnadose.
!r te 6WI
Jman . Every document of mead r"owvd and oonotdered we a W 9/ Mie ew�"
......
am11 oitd hereon. only line docur orris rood hereon were sum,W the
4. This plat represents a boundary survey of tba parcel described In owed Book
1352 at Page 217 M the Circuit ark's OffWr of wadwnglon County.
Arkansas.
5. Basic of Beosfngs: East dim of the Sau14.ead 1/4 of the Soulheaet 1/4 of
Section 20 taken to be 1401.20'47-E.
& This survey Is valld only H the drawing includes the seal and signature of
the surveyor.
� 7, This survey meals current Arkansas Ylnlmum Standards for Properly
Boundary Surreys and Plais'.
a. A Mlle search was not conducled by a certified MMe company. All
documents were prmided by the client/clients; and/or researched by 142
rl=Enpineerkll9, fns.. and nwy bo srrbivtf M rvoerd/an•eeardsdi easement,
o} way.cnvenonp.buuding-%Wbaek Innes,aubdlrulan eashdcllons. zz
zonae, sand rvIlOu"orn or oehat 1locra which on cccurele and tuna-!Me
secroh may reveal.
9. Decoration Is made to the original purchaser of the survey and is not
lvanslereble to any addMklnal institutions or subsequent owom,
Pari of IM SoulMaef 1/4 of the Soelheasl 1/4 of Svicel n 20.Tavnslrlp 16 10. This property Is zoned 1-1 (Heavy Ccmmarcicl Dred Ughl Industrial).
Narfh. !ung^30 West of the fifth PAncipal Wrldlon.City 0�dr.etsrilla:-- 1 11- BMIN"wbaeks for zone 1-1 are a7 follow.^
EXHIBIT "B"
VAC 11-3837
LEGAL DESCRIPTION (PORTION TO BE VACATED)
Part of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 16 North, Range 30 West
of the Fifth Principal Meridian, City of Fayetteville, Washington County, Arkansas being more
particularly described as follows:
Commencing at the Southeast corner of the above said Section 20 being a found State Section
Corner Monument; thence NO1°20'47"E, along the East line of the above said Southeast 1/4 of
the Southeast 1/4, a distance of 624.73 feet; thence N88°39'13"W, leaving the above said East
line, a distance of 23.03 feet to the True Point of Beginning being the Southeast corner of an
existing building; thence S81046'55"W, along the South edge of the above said existing building,
a distance of 9.20 feet to a point on the West right-of-way line of Garland Avenue; thence
NO 1'52'53"E, along the above said West right-of-way line, a distance of 57.06 feet to a point on
the East edge of the above said existing building; thence S07°23'43"E, along the above said East
edge of the existing building, a distance of 56.18 feet to the Point of Beginning and containing
258 square feet.
Washington County, AR
I certify this instrument was filed on
06/30/2011 11:04:30 AM
and recorded in Real Estate
File Number 2011-00017967
Bette Stamps-Circuit Clerk
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/7/2011
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
Action Required:
VAC 11-3837: Vacation (1849 South Garland Avenue ROW Vacation): Submitted by MORGAN HOOKER for property
located at 1849 South Garland Avenue. The property is zoned 1-1, Heavy Commercial Light Industrial. The request is
to vacate a portion of an un-constructed right-of-way.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
�
�kr, ' _Q�.lI-1-II Previous Ordinance or Resolution#
, r
Department Ictor Bale
Original Contract Date:
Original Contract Number:
City Attomey Date
_�-TriJ Q S �26•2x 1,
Finance and Internal Services Director Date Received in City05-1 9-1 1 P03:36 R C V D
Clerk's Office
i
• Chief ofto Date
Received in E7
NE
Office /"'���
M or AD e
Comments:
Revised January 15, 2009
•
V 1 THE CITY OF FAYETTEVILLE,ARKANSAS
Y 1 DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Jeremy Pate, Development Services Director
From: Andrew Garner, Senior Planner
Date: May 11, 2011
Subject: VAC 11-3837 (1849 South Garland Avenue Right-of-way Vacation)
RECOMMENDATION
Planning Staff recommends approval of an ordinance vacating an un-constructed right-of-way on the subject
property containing approximately 258 square feet.
BACKGROUND
The subject property is located at 1849 South Garland Avenue, contains 4.38 acres and is zoned I-1, Heavy
Commercial and Light Industrial. The applicant proposes to remodel the existing structure and continue to utilize it
for a warehouse and shop, and allow for a portion of it to be converted into an office in the future. The metal
building was constructed in 1920 according to Washington County parcel records. The building has historically been
used and is continuing to be used for a warehouse and other nonresidential uses. A survey of the property for a
pending property sale revealed that approximately 4.1 feet of the southeast corner of the building is located in the
existing 60-foot South Garland Avenue right-of-way. The Board of Adjustment on Monday, April 4, 2011 voted to
approve a proposal to bring the non-conforming building setback into compliance. In addition to the Board of
Adjustment apprnvnle City Cn11n61 approval to vacate the. small sliver of riht-of--wav underneath the southeast
corner of the building is required to be approved in order to construct improvements to the building.
DISCUSSION
The southeast corner of the building encroaches slightly into the un-constructed right-of-way of South Garland
Avenue. Garland Avenue is an unimproved two-lane road in this location. Garland Avenue could be widened and
improved to its Master Street Plan designation as a Collector Street even with the existing building, with minor
realignment of the sidewalk.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 11-3837 SUBMITTED
BY MORGAN HOOKER FOR PROPERTY LOCATED AT 1849
SOUTH GARLAND AVENUE TO VACATE A PORTION OF
AN UN-CONSTRUCTED RIGHT-OF-WAY, A TOTAL OF 258
SQUARE FEET.
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 portion of the
un-constructed right-of-way is 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 Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the following right-of-way as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
Section 3: That this vacation approval is subject to the following Condition of Approval
and shall not be in effect until this condition is met:
"Any relocation of existing utilities shall be at the owner/developer's expense."
PASSED and APPROVED this day of 52011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Fxhibit 'A'
VAC 11-3837
r i
._. Swwg• Tracy o1 iumngron ► x a: !�o r I I.• 'f� u l
- -karlhero Fsllroad Company � r 7�� --• i
Hall
_ I -
+ a �' •
B..Y4ulg rl �� I •_� Coto Springs fsra� 'j-- '� '� I - , r
Zmysactoated �I" r11}rl Grc1•`f
g
----------------- _ ,•;. 2§8 sq.ft. ' "j'1 -
�L -
;j� u
I.
I •Go, 11' I:fl
II
Pali of the Southeast 1/4 of the _;-` -� Nlywa, i _ C s Vicinity Map `—
,utheast 1/4 of Section 20, T16N, R3OW - - Not to Scale
Total Area "ding
190,916 square feett SO' 9vadlnq eF? holes: 1 i1
4.38 attest - Safback a e
- f - 7..3' y t
rt_ �$ 1- The boundwy con%gurallan shown on We euryey does not purport to be a
firet splM.rep7al or any abler subdhdsi6n of land ds "lay be Osflnsd 0,
ciy,cauMe.yr elate law. IM
7 r.-pt a. sperdllaally staled or shown on this pot, 1he survey does roes
` - - purport to reflect any of the}allowing which may be applicable to the
O
CaaenNnb. other than sdble ememants which we vts16le of the time a1
MODS NOF1 making of this survey; building stlback lines; re lricerllve covenants,
b
o 1 suod:rlen restrlellona: zoning M bl
ng or other tor -uer r.gulationa, onY other
loos which an accurate and cu-1 tills search may di-lose.
-�- Boa Naw — I 3- [very doeument of record r.vlewsd and comld.r.d as o part o1 this wrvry
r�` Is noted hereon_ Only the documents noted hereon were supplied the
583'4617��- t eurv.yor.
r-
685,79' 4. This pool "p"oe"ts a boundary survey at the parcel described In Deed Book.
1352 of page 217 In the CbcuB Jerk's Office of Wash inpten County.
5, Basis of Beorings: Cast line of the Southeast 1/4 of the Southeast 1/4 of
Ssclloh 20 taken to be N01.20'47'[.
d. This survey Is valid only If the drawing Includes the seal and signature of
the Urweyo, I\
7. This survey meets current 'Arkansas Minimum Standards for Property
Boundary Surwye and?lots"
e- A title search was not conducted by a certified title company. ILII
documents were provided by the client/cli.nh and/or "searched by H2
Fn"neertnq,, tnc-. and mae IM w1;.H 10 record(un..ceid.d:•memenfi,
rights of
way, rovrnants.puuWnp aetb=k pnn,U".As"r+efdeluv,s,
zoning, land regulations or olhw roz" Whit], on accurate and currant Oils
search mop "veal.
9- Declaration is mode to the original purchaser of the survey and Is not
Surver_Dnc[iplron transferable to any addlflonol insllfutions or subsequent owners, f^�
Pori of the SOUlheall 1/4 of the Soufheasl 11A of Section 20, for "Ip 16 10. This Property Is zoned 1-1 (4—oy Commercial and Light Industrial). 1 t
horth. Range 30 West of the rM Pruiclpst MrAlon. CIly of Fatdtevtlle, 11. Bulldtng setbacks for ron, 1-1 am as follows:
•r.Hr.J.. I'....e. aJ.-.... •.t.�.ti ••w Hee,•!..•+.i� .K.-...
EXHIBIT "B"
VAC 11-3837
LEGAL DESCRIPTION (PORTION TO BE VACATED):
Part of the Southeast 1/4 of the Southeast 1/4 of Section 20, Township 16 North, Range 30 West
of the Fifth Principal Meridian, City of Fayetteville, Washington County, Arkansas being more
particularly described as follows:
Commencing at the Southeast corner of the above said Section 20 being a found State Section
Corner Monument; thence NO1°20'47"E, along the East line of the above said Southeast 1/4 of
the Southeast 1/4, a distance of 624.73 feet; thence N88°39'13"W, leaving the above said East
line, a distance of 23.03 feet to the True Point of Beginning being the Southeast corner of an
existing building;'thence S81°46'55"W, along the South edge of the above said existing building,
a distance of 9.20 feet to a point on the West right-of-way line of Garland Avenue; thence
NO1°52'53"E, along the above said West right-of-way line, a distance of 57.06 feet to a point on
the East edge of the aboVe said existing building; thence S07°23'43"E, along the above said East
edge of the existing building, a distance of 56.18 feet to the Point of Beginning and containing
258 square feet.
(4/282011)Andrew Garner- Garland office/warehouse Page 1
From: Morgan Hooker<morgan@townbuildersinc.com>
To: Andrew Garner<agarner@ci.fayetteville.ar.us>
CC: Morgan Hooker<morgan@townbuildersinc.com>
Date: 4/26/2011 11:14 AM
Subject: Garland office/warehouse
Andrew here is a simple lists of the improvements we would like to make to the warehouse on Garland Ave.
The existing warehouse is approximately 5,000 square feet.At some point we would like the ability to convert 2,200 sf into office
space.This would happen over the next 3 years.Currently we need to make improvements to the current structure because it has
not been maintained and needs some repairs.The roof needs to be removed and replaced.As the roof is replaced there will need
to be structure repaired.Also the siding will need to be replaced and repaired and structure will need to be repaired as this takes
place.There are several places that the foundation will need to be repaired/replaced as well.We will be removing the existing
privacy fence at the front property line and moving it back toward the back of the warehouse.There is an existing duplex on the
property that we will refurbish over time as well.The duplex is not encroaching in any of the setbacks.We will be upgrading the
electric service and plumbing at the time we begin convert the warehouse to partial office.We would like to keep the parking area
gravel because of the nature of the traffic that the remaining warehouse will get and the nature of traffic that we get at the
construction office.The office finish is intended to be very raw and simple.We will keep the"warehouse"look on the inside but
bring all the services up to code.At this time we need to locate the entrance to the office on the South end of the property for
access to the parking.
Andrew please let me know if you need additional information to get this on the next City Council agenda.
Thanks for your help.
Morgan
Sent from my Pad
4a COLLECTOR (THROUGH): 4a COLLECTOR (THROUGH)
Design Service Volume: < 4,000 vpd, RESIDENTIAL NEIGHBORHOOD
< 6000 vpd with left CITY NEIGHBORHOOD
turn bays
Desired Operating Speed: 25-30 mph
Travel Lanes: Two 14' shared motorist
and cyclist lanes
Turn Lane: 12' turn bays where s,
v_S
warranted
Bicycle Lanes: Shared with drive lane
Parking: None 9 . sNu+so Momus: ,r SLAM uoymsTy _ 9' �„ �.
Paved Width: 30 from face of curb w "��'" � ,5.� 4* T LANE GREENSoA� kK
Right of Way: 59' 5w Raw.
Sidewalks: Both sides of street,
min. 5' wide, located
in R.O.W. at R.O.W. line
Greenspace: Both sides of street,
min. 9' wide
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60A11-3796 C U RTIS S KE LTON
Close up View
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SUNCNASE CT
SUBJECT PROPERTY
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Legend ' d
BOA't 7-3T9G
' EDEN c1R
Muti-Use Trail(Existing)
.• Future Trails
.AFootprints 2014
Hillside-Hilltop Overlay District
Design Overlay Di 3trict
Design Overlay Di Mrict
---w-- Planning Area
0 150 ao0 fi00 900 1.200
Fayetteville Fee=