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HomeMy WebLinkAboutOrdinance 4203 FILED FOR RECORD 000 FEB 2y an 10 10 WASHINGTON CO AR ORDINANCE NO. 4203 K• HARNESS AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR THE CITY TO OBTAIN RIGHT OF WAY AND EASEMENTS OVER, UNDER AND ACROSS LAND LOCATED ON SYCAMORE STREET OWNED BY THE CHARLES G. PALMER TRUST, THE LINDA J. PALMER TRUST, THE RALPH FREEMAN TRUST, AND THE ARLIE FREEMAN TRUST FOR SYCAMORE STREET IMPROVEMENTS AT LEVERETT AVENUE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council authorizes and directs the city attorney of the City of Fayetteville, Arkansas, to initiate legal action in order to obtain right of way and easements, as described below, over, under and across land located on Sycamore Street owned by the Charles G. Palmer Trust, Linda J. Palmer Trust, the Ralph Freeman Trust, and the Arlie Freeman Trust for Sycamore Street Improvements at Leverett Avenue. See Exhibit "A" attached hereto and made a part hereof. PASSED AND APPROVED this 16th day of November , 1999. ��. APPROVED: a By:— Fred y: Fre Hanna, Mayor AT ByC ! � • ili v c Heather Woodruff, City Clerk/ 2000013726 ord . 4203 EXHIBIT A LEGAL DESCRIPTION Project: Sycamore Street Right of Way PartParcel No. 765- 13971 -000 Tract No. 5 Property Owners: Charles G. Palmer Inter Vivos Trust Linda J. Palmer Inter Vivos Trust Ralph Freeman Inter Vivos Trust Arlie Freeman Inter Vivos Trust Part of the Northwest Quarter (NW'/a) of the Northwest Quarter (NW'/.) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, in Washington County, Arkansas, more particularly described as follows: Beginning at a point 230 feet West of the Northeast comer of said forty acre tract, and running thence West 140 feet; thence South 30 feet; thence East 140 feet; thence North 30 feet to the point of beginning, containing 0.096 acres (4,200 square feet), more or less. 2000013727 �i@�P@Ii1n0i l�Of Vyaehlll7 n unf � ° 4 op He•RkIGI erti a ty, �r�Cansas, do hereto t: fy that this Instrumont t7a$ filed for record in my gifica @ inkfit„d Itoron and tho same Is now duly raCorda- with the c;$nowladq.xmant and certificate theroq'n 19 Racufd BEok and Paon aindioated thereon. IN WITNFS' WH�nw,, I have hereunto set my herd and @ffiy;,yt tho 50101 Old 901in Oft tha date indi- cetad �•w.,lo,tn '�mp� �"�-ud �wr t?nd E>:•otftajp ftc�rtez STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of November 16. 1999 FROM: ill d En ' rin Public Works ame rnston epartment ACTION REQUIRED: Passage of an ordinance authorizing the City Attorney to seek possession of certain land located along Sycamore Street in the City of Fayetteville, Arkansas, by the Power of Eminent Domain, in association with the required right of way and easements for the Sycamore Street Improvements at Leverett Avenue. Such property is owned by the Charles G. Palmer Trust, the Linda J. Palmer Trust, the Ralph Freeman Trust, and the Arlie Freeman Trust (each with '''A interest). (Parcel No. 765- 13971 -000) COST TO CITY: $ 2.800 $ X92, &51 Sycamore Street-Leverett to Garland o tTiis Request Z ategory�rolect get Z�ategoryJlrgect ame 4470-9470-5809-00 0X32 rmvements Account Number s ISroeImo 97030-30 1-$ tomI g� AK CalZ•� = �+p Project Number emainmg Itance Fun BUD ET REV 3C Budgeted Item B et Ad'ustment Attached B6dget ooramator AdrunistratiVe Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: is —a eq eco ng toatl� ternu itorat1T e City ttDate a 1 ADA Coordinator Date I� Purchasing icer ate STAFF RECOMMENDATION: Have been unable to reach agreement with property owner for reasons as explained in the following memorandum. Staff recommends condemnation approval, along with an emergency clause, on this property such that contractor will not be delayed in initiating this project. �.• Oat 20 r 99 Di on a // Date Cross Reference 14) -z l New Item: Yes X _ No artment i r Date Prev Ord/Res #: Finiattve Services for Date �k Orig Contract Date: Mayor Date Page 2 STAFF REVIEW FORM Description Condemnation--Sycamore Street-Leverett to Garland Meeting Date November 16. 1999 Comments: Reference Comments: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVI LLE THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: October 19, 1999 TO: Fayetteville City Council THRU : Fred Hanna, Mayor Charles Venable, Public Works Director Donald Bunn, Assistant Public Works Director Jim Beavers, City Engineer FROM: Jill Goddard, Land Agent SUBJECT: Sycamore Street - Leverett to Garland Project No. 97030 Charles G. Palmer Inter Vivos Trust, Linda J . Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, Arlie Freeman Inter Vivos Trust The City has been acquiring additional right of way and drainage easements for improvements at the Sycamore Street and Leverett Avenue intersection. There is one property without signed documentation (although verbally the owners are apparently not opposed). As the construction contract has already been awarded on this job, it is necessary that the City initiate condemnation proceedings as soon as possible in order to obtain court possession of this land so as not to interfere with the construction schedule. Initially, the Palmers and the Freemans were offered $2, 100. 00 for the acquisition of a 10 foot wide strip of additional right of way ( 1400 square feet). This offer was originally mailed on July 8, 1999. (See attached case history. ) There have been several phone conversations regarding the drainage project (located within the existing right of way) and the additional right of way. There has been apparently some confusion as to existing right of way line, new right of way line, and location of back of curb. There have been several attempts to clarify this verbally, pictorially, and with staking. Mr. Freeman (primary contact with the property owners) did not show up for a meeting scheduled for October 13, 1999, with Kip Guthrie, Garver Engineers; nor was Mr. Freeman able to be contacted by phone. An independent appraisal was prepared by Mark Risk, of the Real Estate Consultants. This was received October 12, 1999. A revised offer is being presented to include an amount for landscape damages as a tree will have to be removed. New offer amount to be $2, 800.00. CASE HISTORY Palmer/Freeman Property Sycamore Street Improvements 7-6-99 Date of original offer letter. 7-8-99 Mailed packet with offer letter, drawings, and warranty deeds to Charles Palmer, Fort Smith. 7-19-99 Ralph Freeman called. He had questions regarding location of drainage ditch & pipe and back of curb—requested staking of right of way and back of curb. Garver Engineers contacted to do staking. 7-20-99 Side letter sent covering concerns stemming from phone conversation. 8-16-99 Reminder letter sent (no phone number on record). 8-19-99 Ralph Freeman called. Staking apparently not in place. Garver Engineers to stake on 8-20-99. Freeman to be in town in a couple of weeks. 8-24-99 Construction contract bid opening. (Awarded to Sweetser Construction. ) 9-16-99 Requested appraisal from the Real Estate Consultants. 10-1 -99 Notification letter sent (via certified mail). 10-7-99 Talked to Mark Risk, appraiser regarding specifics to the property. He noted that Arkansas Western Gas was working on the property. Inquired as to staking and Risk informed that there was none—apparently taken down by gas company to move their line. Talked to Ralph Freeman. He saw staking previously in place and was still confused as to location of right of way and back of curb. He and Kip Guthrie, of Garver Engineers, will coordinate to meet at property and stake back of curb and new right of way. Kip to answer questions and help clear confusion. They are to meet 10-13-99. 10-12-99 Received appraisal from the Real Estate Consultants. 10-15-99 Talked to Kip Guthrie. Freeman did not show up on 10-13-99. Guthrie never heard from Mr. Freeman nor could he get an answer at Freeman's number. Neither Garver nor the City has heard from Freeman since 10-7-99. 10-19-99 New offer presented based on appraisal. FAYETTE'VILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 19, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Notification of Council Meeting Dear Mr. Palmer: This letter is to inform you that an ordinance authorizing the City Attorney to seek possession of the area required for additional right of way from your property is being presented to City Council for first reading at their meeting on November 16, 1999, at 6: 30 p. m. , Room 219, City Hall, 113 W. Mountain Street, Fayetteville, Arkansas. However, please keep in mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. A City Land Agent will be glad to meet with you to discuss all phases of this project and the associated right of way and easements. Please contact Jill Goddard at (501 ) 444- 3407 or Ed Connell at 444-3415. Sincerely yours, Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501521-7700 LEY SM 5746""%7 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 19, 1999 Charles G . Palmer Inter Vivos Trust, Linda J . Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust Go Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Revised Offer Letter Dear Mr. Palmer: The City of Fayetteville is in receipt of an appraisal conducted by the Real Estate Consultants (copy of the cover page is enclosed). In an effort to negotiate this offer without legal action, the City is prepared to make a revised offer based on this appraisal . Included is a general map of the subject area, as well as a drawing of your specific property depicting the anticipated area required for right of way. The existing right of way is considered public property by prescription. (This 20 foot strip of existing right of way was acquired through Deed Ref. 8871744; however, not from all four parties. ) The City of Fayetteville hereby offers $2, 100.00 for the acquisition of additional right of way ( 1400 square feet), and $700.00 in landscape damages; making the total revised offer $2,800.00. Should you elect to accept this offer, the Warranty Deeds contained herein should be executed by all parties with current ownership interest in the particular property. As the ownership of this property is now divided between four trusts, there are four Warranty Deeds enclosed—each for one-fourth interest. The documents should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Upon receipt of these documents, checks will be requested and each owner will be paid one-fourth of the amount indicated in this offer letter. If you make a final rejection of this offer, you do have certain legal rights which are outlined hereafter. Upon your final rejection of this offer, and if the City of Fayetteville elects to do so, a suit of condemnation may be filed. The amount of just compensation for the use of your property will be determined by an independent appraisal and deposited with the Registry of the Circuit Court of Washington County. You may, at that time, elect to accept the amount deposited as just compensationand the amount will be paid to you thereby disposing of the condemnation suit. 113 WEST MOUNTAIN 72701 501 521-7700 Mr. Charles Palmer, et al Offer Letter, Page 2 of 2 If you do not elect to accept the amount deposited as just compensation, then you may withdraw the amount placed on deposit without prejudice to your rights to claim additional compensation. In this event, you will be entitled to a trial by jury in the Circuit Court to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you. We, however, ask that you accept the offer made herein by executing the attached Warranty Deeds. Reduced copies of the documents are included for your records. We can provide copies of the recorded documents upon your request and at the appropriate time. Please provide us with Tax Identification Numbers (Corporation) or Social Security Number for each trust so that checks can be written. Vendor Forms are provided for this purpose. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project. Please contact Jill Goddard at (501 ) 444-3407 , Ed Connell at 444-3415 or I can be reached at 575-8206. Sincerely yours, l m Beavers City Engineer JB/jsg Attachments FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS October 19, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Offer Letter #2 Dear Mr. Palmer: Upon further examination of the construction plans for the above mentioned project, the following is a list of concerns expressed relating to the construction of the proposed drainage project as it crosses your property (this letter is in addition to the Side Letter dated July 20, 1999): c Construction of the drainage project will necessitate the removal of a certain tree within the right of way. The City tries to avoid damage to and the loss of trees and other vegetation; however, there are times when circumstances leave no other choice. The City cannot adequately compensate you for the loss of any mature trees that are in landscaped areas; however, the following proposed compensation will allow you, at your discretion, to have a local nursery plant similar trees (2" diameter) as a substitute for the tree that will have to be removed (outside of the right of way): 1 - maple tree = 3 @ $150 = $ 450 Nursery installation 250 Total Proposed Compensation for Landscape Damages $ 700 If you have any further concerns or comments, please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or in their absence, Paul Libertini, Project Engineer, at 575-8352. Sincerely yours, Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501621-7700 - rw c 4 e7cooc7. APPRAISAL REPORT FOR CITY OF FAYETTEVILLE Limited Summary Appraisal Report PROJECT Sycamore Street Right of Way COUNTY Washington PARCELN 765-139714000 LOCATION 833 Sycamore Street R. of the NWI/4, NWl/4 Sm. 9-T16N-R31 W Fayetteville Outlets FEE OWNER Ralph Freeman ET UX CO-TR ET AL CtO Charles Palmer ADDRESS 4120 Rogers Avenue, Fort Smitb, AR ESTATE APPRAISED Fee Simple AREA OF WHOLE 4.42 acres AREA OF RESIDUAL 4.39 acres AREA OF PERMANENT ACQUISITION 11400 SF (Descriptions attached) ESTIMATED FAIR MARKET VALUE OF THE PROPERTY: Befom Land $243,000 Improvements $ 0+ Tout $243,000 After Land $240,500 Improvements $ Total $240.500 FAIR MARKET VALUE OF PERMANENT R-O-W & UTILITY ACQUISITION $ 29500 As of 7th day ofOcrober, /999 ALLOCATION OF F.M.V. OF TOTAL ACQUISITION R-O-W 1,400 SF Q S 1.26/SF = S 11764 Say $ 1,800 T.C.E None $ 0 Trees ( 1) Maple Tme $ 700 Improvements: None $D Total R-O-W. T.C.E., Trees, & Improvements $ 2,500 Damages or Benefits: $ 0 Total Compensation $ 2,500 ATTACHMENTS: X Certificate of Appraiser 4Cy 1 X Photographs Appraise E. }}22iisskk GAA NCG0202 X Site, Improvement. H&B Use Narrative X Legal Descriptions X Market Data Approach X Survey X Tae Assessment Card The appraiser has not determined the value of the existing subject improvements due to his opinion that they am not significantly affected by the partial taking. .. ... ��G ' CERTIFIED \No. CG02"v2J 'c'I' THE CITY OF FAYETTEVILLE, ARKANSAS October 1, 1999 VIA CERTIFIED MAIL Charles G. Palmer Inter Vivos Trust Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Notification Dear Mr. Palmer: As of this date, the City of Fayetteville has not received signed documentation from you on the above mentioned project. An independent appraisal has been requested and is being prepared at this time. This is the first requirement to obtain possession through the courts. However, please keep in mind that condemnation proceedings can be stopped at any time if an agreement is reached before the court date. The construction contract has been awarded on this job, with construction completion intended for later this fall. However, all additional right of way and easements must be acquired prior to start of construction. Please feel free to contact me at (501) 444-3407 or Paul Libertini, Project Engineer, al (501) 575-8352 if you have any questions or need additional information regarding this project. Thank you for your consideration in this matter. Sincerely yours, ill S. Goddard Land Agent /jsg 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 IV�%S y ¢ R t f E i THE CITY OF FAYETTEVILLE, ARKANSAS August 16, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust do Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Dear Mr. Palmer: In follow up to the Offer Letter (dated July 6, 1999) and the Side Letter (dated July 20, 1999), this letter is to serve as a gentle reminder that I have not received signed documentation on the above mentioned project. The construction contract bid opening is scheduled for August 24, 1999, with construction completion intended for later this fall. However, all additional right of way and easements must be acquired prior to start of construction. Please feel free to contact me at (501) 444-3407 or Paul Libertini, Project Engineer, at (501) 575-8352 if you have any questions or need additional information regarding this project. Thank you for your consideration in this matter. Sincerely yours; Jill S. Goddard Land Agent /jsg 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575.8257 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS July 20, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Offer Letter Dear Mr. Palmer: As per a phone conversation between Ralph Freeman, property owner, and Jill Goddard, City of Fayetteville Land Agent, on Monday, July 19, 1999, the following is a list of concerns expressed relating to the construction of the proposed drainage project as it crosses your property: The existing culvert under the easternmost driveway and the open ditch to the east will be replaced with underground drainage pipe (see enclosed sketch). The ditch to the west of the easternmost driveway will remain open. The contractor will contact the tenants of the house at 833 W. Sycamore prior to construction as the tenants will need to park within the apartment complex parking lot while the drainage system is being installed under their entrance. The engineering/surveying firm has been asked to stake the new south right of way line for visual clarification. If you have any further concerns or comments, please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or in their absence, Paul Libertini, Project Engineer, at 575-8352. Sincerely yours, Jim Beavers City Engineer JB/jsg 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 W W F J yJ F k0 m - W Q-< OJ O JJ LAthJ O K I I I I.'i -x t i.,.� '• i ' .c2 .--.. THE CITY OF FAYETTEVILLE, ARKANSAS July 6, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Improvements Job No. 97030 Tract No. 5 Offer Letter Dear Mr. Palmer: The City of Fayetteville is planning improvements along Sycamore Street at the Leverett Avenue intersection. It is therefore necessary to obtain a small amount of additional right of way across a portion of your property for this project. Included is a general map of the subject area, as well as a drawing of your specific property depicting the anticipated area required for right of way. The existing right of way is considered public property by prescription. (This 20 foot strip of existing right of way was acquired through Deed Ref. 887/744; however, not from all four parties.) The City of Fayetteville hereby offers $2,100.00 for the acquisition of additional right of way (1400 square feet) Should you elect to accept this offer, the Warranty Deeds contained herein should be executed by all parties with current ownership interest in the particular property. As the ownership of this property is now divided between four trusts, there are four Warranty Deeds enclosed each for one-fourth interest. The documents should be notarized and returned to the City of Fayetteville. A City Land Agent will be pleased to witness and notarize the execution of the documents if you will advise our office accordingly. Upon receipt of these documents, checks will be requested and each owner will be paid one-fourth of the amount indicated in this offer letter. If you make a final rejection of this offer, you do have certain legal rights which are outlined hereafter. Upon your final rejection of this offer, and if the City of Fayetteville elects to do so, a suit of condemnation may be filed. The amount of just compensation for the use of your property will be determined by an independent appraisal and deposited with the Registry of the Circuit Court of Washington County. You may, at that time, elect to accept the amount deposited as just compensation and the amount will be paid to you thereby disposing of the condemnation suit. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 Mr. Charles Palmer Offer Letter, Page 2 of 2 If you do not elect to accept the amount deposited as just compensation, then you may withdraw the amount placed on deposit without prejudice to your rights to claim additional compensation. In this event, you will be entitled to a trial by jury in the Circuit Court to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you. ' We, however, ask that you accept the offer made herein by executing the attached Warranty Deeds. Reduced copies of the documents are included for your records. We can provide copies of the recorded documents upon your request and at the appropriate time. Please provide us with Tax Identification Numbers (Corporation) or Social Security Number for each trust so that checks can be written. Vendor Forms are provided for this purpose. A City Land Agent will be glad to meet with you at your convenience and discuss all phases of this project. Please contact Jill Goddard at (501) 444-3407, Ed Connell at 444-3415 or I can be reached at 575-8206. Sincerely yours, fr 5Aidn' Jim Beavers City Engineer JB/jsg Attachments I Oylw V3 J I M. ^ h y Z >- J U WI Ia -CI Yzo_3 VI yIaZn 4� w1 z of ny 01 MOU ONUS/X3 _ m 3'3AV 1132J3h31— -1 MO& St/US/X3 � I ' I I moo- I iI I ?+ d IZ ,2Nq p $6Nm b�O b'Z^m �a I I I k L\ •4� j qa �ia I .00 qo � I I Vci a I I .. II I NU �tl I 65S ❑ � D K h 1� 4 q Em s 4b.' /Se Bd 9YY! Peag W 2 IIIII • • III U W I I U Ok I I I I R I I a I I h Tract Map Tract 5 Charles G. Palmer Inter Vivos Trust Deed Record 93-13995 X/SnNG RIGHT-OF-WAY 1'=40' WEST - 50' O N 0 O N NE CORNER NW1/4 NWI/4 9 -16N -30W PROPOSED CURB & GUTTER SYCAMORE ST. WEST - 140' WEST_ 230' Charles G. Palmer Inter Vivos Trust Deed 93-13995 EAST - 210' 0 O z Z WEST 20' PROPOSED RIGHT-OF-WAY PROPOSED RIGHT OF WAY DESCRIPTION Port of the Northwest Quarter (NW -1/4) of the Northwest Quarter (NW -1/4) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Beginning at a point 230 feet West and 20 feet South of the Northeast corner of said forty acre tract, and running thence West 140 feet; thence South 10 feet; thence East 140 feet; thence North 10 feet to the point of beginning, containing 0.03 acres (1400 square feet), more or less. Parcel No. 765-13971-000 (frontage along Sycamore Street) 1/4 interest: Ralph Freeman & Arlie Freeman as for the Arlie Freeman Inter Vivos T Deed Ref. 1439/204 1/4 interest: Ralph Freeman & Arlie Freem4n as Trustees for the Ralph Freeman Inter Vi os Trust Deed Ref. 1439/207 1/4 interest: Charles G. Palmer Inter Vivos Trust Deed Ref. 93-13995 1/4 interest: Linda J. Palmer Inter Vivos Trust Deed Ref. 95-62718 Data and Deed Call Listing of File: SYCA-05.DES Tract 1: 4.420 Acres: 192550 Sq Feet: 17888.5 Sq Meters: No significant closure error.: Perimeter = 2290 feet Tract 2: 0.096 Acres: 4200 Sq Feet: 390.2 Sq Meters: No significant closure error. : Perimeter = 340 feet Tract 3: 0.064 Acres: 2800 Sq Feet: 260.1 Sq Meters: No significant closure error. : Perimeter = 320 feet Tract 4: 0.032 Acres: 1400 Sq Feet: 130.1 Sq Meters: No significant closure error. : Perimeter = 300 feet 001=/S90.00W 230 002=S90.00W 140 003=SOO.OOW 150 004=S90.00W 50 005=SOO.OOW 550 006=N90.00E 420 007=NOO.OOE 280 008=S90.00W 235 009=NOO.OOE 110 010=N90.00E 25 011=NOO.OOE 160 012=S90.00W 20 013=NOO.OOE 150 014=@I 015=/S90.00W 230 016=S90.00W 140 017=SOO.OOW 30 018=N90.00E 140 019=NOO.OOE 30 020=@1 021=/S90.00W 230 022=S90.00W 140 023=SOO.OOW 20 024=N90.00E 140 025=NOO.OOE 20 026=@1 027=/S90.00W 230 028=/SOO.OOW 20 029=S90.00W 140 030=SOO.OOW 10 031=N90.00E 140 032=NOO.OOE 10 Protect No. 97030 Protect: Sycamore Skeet Right or Way Pan Parcel No. 765-13971-000 Tract No. 5 TRUSTEE'S WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT I, Charles G. Palmer, Trustee of the Charles G. Palmer Inter Vivos Trust ula dated March 12, 1993, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to - wit: An undivided one-fourth (%) interest in and to the following described real estate: Part of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, in Washington County, Arkansas, more particularly described as follows: Beginning at a point 230 feet West of the Northeast comer of said forty acre tract, and running thence West 140 feet; thence South 30 feet; thence East 140 feet: thence North 30 feet to the point of beginning, containing 0.096 acres (4,200 square feet), more or less. It is the intention of this deed to convey both the present Sycamore Street right of way and an additional area of 1,400 square feet (0.064 acre), more or less, TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and "'-'- Grantee's successors and assigns, forever. And said Trustee, in behalf of the said Trust, hereby covenants with the said Grantee that said Trust is lawfullysezed of said lands and premises; that the same is unencumbered, and that the said Trust will forever warrant and defend the title to the said lands against all legal claims whatsoever. WITNESS the execution hereof on this day of 1999 Charles G. Palmer Inter Vivos Trust ula dated March 12, 1993 BY: Charles G. Palmer, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Charles G. Palmer, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he is Trustee of the Charles G. Palmer Inter Vivos Trust ula dated March 12,1993, and that he is duly authorized to execute the foregoing instrument for and in the name and behalf of said Trust, and furtherstated and acknowledged that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: 1999. Notary Public Project No. 97030 • Project: Sycamore Street Right of Way Pan Parcel No. 765-13971-000 Tract No. 5 TRUSTEE'S WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT I, Linda J. Palmer, Trustee of the Linda J. Palmer Inter Vivos Trust ula dated November 17, 1995, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to - wit: An undivided one-fourth (V.) interest in and to the following described real estate: Part of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, in Washington County, Arkansas, more particularly described as follows: Beginning at a point 230 feet West of the Northeast comer of said forty acre tract, and running thence West 140 feet; thence South 30 feet; thence East 140 feet; thence North 30 feet to the point of beginning, containing 0.096 acres (4,200 square feet), more or less. it is the intention of this deed to convey both the present Sycamore Street right of way and an additional area of 1,400 square feet (0.064 acre), more or less, TO ' HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And said Trustee, in behalf of the said Trust, hereby covenants with the said Grantee that said Trust lawfully seized of said lands and premises; that the same is unencumbered, and that the said Trust will forever warrant and defend the title to the said lands against all legal claims whatsoever. WITNESS the execution hereof on this day of , 1999. Linda J. Palmer Inter Vivos Trust u/a dated November 17, 1995 BY: Linda J. Palmer, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Linda J. Palmer, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she is Trustee of the Linda J. Palmer Inter Vivos Trust ula dated November 17,1995, and that she is duty authorized to execute the foregoing instrument for and in the name and behalf of said Trust, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 1999. Public MY COMMISSION EXPIRES: Project No. 97030 Project: Sycamore Street Right of Way Part Parcel No. 765-13971-000 Tract No. TRUSTEE'S WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, Ralph Freeman and Arlie Freeman, Trustees of the Arlie Freeman Inter Vivos Trust u/a dated October 10, 1991, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: An undivided one-fourth ('/4) interest in and to the following described real estate: Part of the Northwest Quarter (NW'/.) of the Northwest Quarter (NW%) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, in Washington County, Arkansas, more particularly described as follows: Beginning at a point 230 feet West of the Northeast comer of said forty acre tract, and running thence West 140 feet; thence South 30 feet; thence East 140 feet; thence North 30 feet to the point of beginning, containing 0.096 acres (4,200 square feet), more or less. It is the intention of this deed to convey both the present Sycamore Street right of way and an additional area of 1,400 square feet (0.064 acre), more or less, TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And said Trustees, in behalf of the said Trust, hereby covenant with the said Grantee that said Trust is lawfully seized of said lands and premises; that the same is unencumbered, and that the said Trust will forever warrant and defend the title to the said lands against all legal claims whatsoever. WITNESS the execution hereof on this day of Arlie Freeman Inter Vivos Trust u/a dated October 10, 1991 BY: Ralph Freeman, Trustee Arlie Freeman, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 1999. BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public within and forsaid County and State, personally appeared Ralph Freeman and Arlie Freeman, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are Trustees of the Arlie Freeman Inter Vivos Trust u/a dated October 10,1991, and that they are duly authorized to execute the foregoing instrument for and in the name and behalf of said Trust, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: 1999. Notary Public Project No. 97030 Project: Sycamore Street Right of Way Pan Parcel No. 765-13971-000 Tract No. 5 TRUSTEE'S WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, Ralph Freeman and Arlie Freeman, Trustees of the Ralph Freeman Inter Vivos Trust ula dated October 10, 1991, hereinafter called GRANTORS, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: An undivided one-fourth ('/.) interest in and to the following described real estate: Part of the Northwest Quarter (NW''/.) of the Northwest Quarter (NW/) of Section Nine (9), Township Sixteen (16) North, Range Thirty (30) West, in Washington County, Arkansas. more particularly described as follows: Beginning at a point 230 feet West of the Northeast comer of said forty acre tract, and running thence West 140 feet; thence South 30 feet; thence East 140 feet; thence North 30 feet to the point of beginning, containing 0.096 acres (4,200 square feet), more or less. It is the intention of this deed to convey both the present Sycamore Street right of way and an additional area of 1,400 square feet (0.064 acre), more or less, TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And said Trustees, in behalf of the said Trust, hereby covenant with the said Grantee that said Trust is lawfully seized of said lands and premises; that the same is unencumbered, and that the said Trust will forever warrant and defend the title to the said lands against all legal claims whatsoever. WITNESS the execution hereof on this day of Ralph Freeman Inter Vivos Trust ula dated October 10, 1991 BY: Ralph Freeman, Trustee Arlie Freeman, Trustee ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 1999. BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Ralph Freeman and Arlie Freeman, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are Trustees of the Ralph Freeman Inter Vivos Trust Wa dated October 10,1991, and that they are duly authorized to execute the foregoing instrument for and in the name and behalf of said Trust, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of MY COMMISSION EXPIRES: 1999. Notary Public Washington County Real Estate Assessment Record Parcel Number 65-13971-000 Location Address 833II II Owner Mailing Address FREEMAN, RALPH ET UX CO-TR ET AL C/O CHARLES PALMER 120 ROGERS AVE FORT SMITH lIAR fr2903 Legal Description Property Type ICR TD Current year 1995 Appraised Assessed Land value 47,500 9,500 Imp. value 537,100 107,420 Total value 584,600 116,920 Lot 0 Block I Section -Township -Range 09-16-30 Addition 9-16-30 FAYETTEVILLE OUTLOTS Legal PT NW NW .94APTNWNW140X130PTNWNW60X210 Deed 103117193 93-13995 I bc I I 0.00 0 School District IFAYETTEVILLE SCHOOLS I City description CITY OF FAYETTEVILLE IJ QUITCLAIM DEED RELINQUISHMENT OF CURTESY, HOMESTEAD AND DOWER KNOW ALL MEN DY THESE PRESENTS: - a, THAT we, Ci RALPH FREEMAN AND ARLIE FREEMAN, husband and wife, c, hereinafter called GRANTORS, for and in Consideration of th sumcc of TEN AND NO/100 ($10.00) DOLLARS and other good and val4b-le consideration in hand paid by RALPH FREE v N MAN AND ARLIE FREEMAN AS - v TRUSTEES FOR THE ARLIE FREEMAN INTER VIVOB TRUST, UNDER AGREEMENT DATED OCTOBER lo, 1991, hereinafter called GRANTEE, receipt of which is hereby acknowledged, do hereby grant, bargain, sell and quitclaim unto GRANTEE and unto its heirs, successors and assigns forever an undivided one-fourth (1/4) interest in the following lands lying in Washington County, Arkansas to wit: A part of the NWl/4 of the NW1/4 of Section 9, Township 16 North, Range 30 West, Fayetteville, Washington County, Arkansas more particularly described as follows: Beginning of a point which is 230.0 feet West of and the running:heast corner of said 40 acre tract Thence West 140.0 feet Thence South 150.0 feet Thence West 50.0 feet Thence South 550.0 feet Thence East 3-ap.pp feet 420.00 Thence North 280.0 feet Thence West 235.0 feet Thence North 110.0 feet Thence East 25.0 feet Thence North 160.00 feet Thence West 20.0 feet Thence North 150.0 feet to the point of beginning res, more or less. Subject to Street o Rights ofing 4.42 crEasements of record. Y and To have and to hold the same unto the said GRANTEE, and unto its successors and assigns forever, with all appurtenances 1439 204 Qnrw QUITCLAIM DEED RELINQUISHMENT OF CURTESY, HOMESTEAD AND DOWER KNOW ALL MEN BY THESE PRESENTS: S can T THAT we, RALPH FREEMAN AND ARLIE FREEMAN, husband and wTfe� m hereinafter called GRANTORS, for and in consideration of tpeuro � of TEN AND NO/100 ($10.00) DOLLARS and other good and va ble3 0 Consideration in hand paid by RALPH FREEMAN AND ARLIE FREEI ASS• TRUSTEES FOR THE FREEMAN RALPH INTER VIVOB TRUST, UNDER AGREEMENIs o DATED OCTOBER 10, 1991, hereinafter called GRANTEE, receipt of which is hereby acknowledged, do hereby grant, bargain, sell and quitclaim unto GRANTEE and unto its heirs, successors and assigns forever an undivided one-fourth (1/4) interest in the following lands lying in Washington County, Arkansas to wit: A part of the NW1/4 of the NW1/4 of Section 9, Township 16 North, Range 00 West, Fayetteville, Washington County, Arkansas more particularly described as follows: Beginning of a point which is 220.0 feet West of the Northeast corner of said 40 acre tract and running: Thence West 140.0 feet Thence South 150.0 feet Thence West 50.0 feet Thence South 550.0 feet Thence East -E4 -e-o feet 12O.00 Thence North 280.0 feet Thence West 235.0 feet Thence North 110.0 feet Thence East 25.0 feet Thence North 160.00 feet Thence West 20.0 feet Thence North 150.0 feet to the point of beginning, containing 4.42 acres, more or less. Subject to street Rights -of -Way and Easements of record. To have and to hold the same unto the said GRANTEE, and unto :3 its successors and assigns forever, with all appurtenances ppurtenances :4 iie(P.1439Pi,6E207 FILE) FOR RECORD 93MR19 Ff 1 1? QUITCLAIM DEED WA$NINCTON CO AR SINGLE PERSON A.KOLLMEYER NOW ALL MEN BY THESE PRESENTS: THAT I, Charles G. Palmer, a single person, hereinafter called Grantor, for and in consideration of the sum of Ten and no/100 ($10.00) Dollars and other good and valuable consideration in hand paid by the Charles G. Palmer Inter Vivos Trust u/a dated March 12, 1993 hereinafter Grantee, receipt of which is hereby acknowledged, do hereby grant, sell and quitclaim unto the Grantee and unto its heirs, sQccessors and assigns forever the following lands lying in Washington County, Arkansas to wit: A part of the NW1/4 ofNthe NW1/4 of Section 9, Township 16 North, Range 30 West, Fayetteville, Washington County, Arkansas more particularly described as follows: Beginning of a point which is 230.0 feet West of the Northeast corner of said 40 acre tract and running: Thence West 140.0 feet Thence South 150.0 feet Thence West 50.0 feet Thence South 550.0 feet Thence East 53-&.00 feet uzo.00 � Thence North 280.0 feet 'Thence West 235.0 feet Thence North 110.0 feet Thence East 25.0 feet Thence North 160.00 feet Thence West 20.0 feet Thence North 150.0 feet to the point of beginning, • containing 4.42 acres, more or less. Subject to street Rights -of -Way and Easements of record. Subject to all easements, rights of way and oil and gas leases of record. Grantor owns an undivided interest in the above described property and it is intended by this deed that all of Grantor's undivided interest be conveyed to Grantee. To have and to hold the same unto the said GRANTEES, and unto its. heirs, successors and assigns forever, with all appurtenances thereunto belonging. '93 1399s r FILED FOR RECORD IT'' '95 NOU 20 Pf0 1r37 !' QUITCLAIM DEED VASHINGT0N CO AR KNOWALLMENBYTHESEPRESENTS: K. HARNESS td. THAT.I, Linda J. Palmer, a single person, hereinafter Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid by the Linda J. Palmer Inter Vivos Trust U/A dated November 17, 1995, hereinafter Grantee, the• receipt and sufficiency of which is hereby acknowledged, do hereby grant, sell and quitclaim unto the Grantee and unto its heirs, successors and assigns forever the following described lands lying rJ in Washington County, Arkansas, to -wit: •fN A part of the NW 1/4 of the NW 1/4 of Section 9, Township 16 North, Range 30 West, Fayetteville, Washington County, Arkansas more particularly described as follows: Beginning of a point which is 230.0 feet West of the Northeast comer of said 40 acre tract and running: Thence West 140.0 feet Thence South 150.0 feet Thence West 50.0 feet.,„ Thence South 550.0 feet Thence East 5200 feet ' 4zo.o Thence North 280.0 feet Thence West 235.0 feet Thence North 110.0 feet Thence East 25.0 feet :' :•' Thence North 160.0 feet Thence West 20.0 feet Thence North 150.0 feet to the point of beginning, Containing 4.42 acres, more of :-'.: less. Subject to street Rights -of Way and Easements of record. Subject to all easements, rights of way and oil and gas leases of record. Grantor owns an undivided interest in the above described property and it is intended by this deed that all of Grantor's undivided interest be conveyed to " Grantee. To have and to hold the same unto the said Grantee, and unto its heirs, successors and I assigns forever, with all appurtenances thereunto belonging. • 5.. 1. . 95062718 •. ♦• F') Washington County Real Estate Assessment Record - Parcel Number Location Address Owner Mailing Address 65-13972-000 I 0 II I CITY OF FAYETTEVILLE, ARKANSAS PO DRAWER F FAYETTEVILLE lIAR It72702 Legal Description Property Type IEX II Current year 1995 Appraised Assessed Land value Imp. value Total 0 0 value 0 0 Lot O Block D Section -Township -Range 09-16-30 Addition 9-16-30 FAYETTEVILLE OUTLOTS Legal Deed 1/01/85 I 1887444 DD 0.00 0O School District FAYETTEVILLE SCHOOLS I City description CITY OF FAYETTEVILLE • FOR RECORD h ' l �'.:... WARRANTY DEED 7S,;UN ZO Pf{ ::so KNOW. ALL MEN BY THESE PRESENTS; WASIIhtGfON C0u141'Y ' I.RR AIISAS . That we Ralph Freeman and Charles Palmer, for ancf t YE11 i 6lc'filt aideration of the sum of One Dollar ($1.00) and other good and valuable consideration to1us in hand paid. by City of Fayetteville, • Arkansas, A Municipal Corporation, do hereby grant, bargain and sell unto the said City of Fayetteville, Arkansas, A Municipal' corporation, and unto its; heirs and assignu,.the following described :lands, situate in Washington County, Arkansas, to -wit: • Twenty (20) feet of equal and uniform width.off the North ✓) .side of Part of the Northwest Quarter (NW -1/4) of the North- west Quarter (NW -1/4) of Section Nine (9), Township Sixteen '(16) North, Range Thirty (30) West, more particularly de- scribed as follows: Beginning at a point 230 feet West of the Northeast corner of said forty acre tract, and running thence West 140 feet; thence South 150 feet; thence West •:50 feet; thence South 60 feet; thence East 210 feet; thence North 60 feet; thence West 20 feet; thence North 150 feet to the point of beginning. .., TO HAVE AND TO HOLD,The said lands and appurtenances thereunto • belonging unto the said City of Fayetteville, Arkansas, a Municipal .Corporation, and unto its heirs and assigns forever. And we, 'the said Ralph Freeman and Charles Palmer, do hereby covenant that we are lawfully seized of said land and premises; that same is unincumbered,*-and we will forever warrant and defend title to. said lands against allclaims whatever. WITNESS our hands and seals this S` day of 1975. rles'Palmer Ra pphh Freeman ACKNOWLEDGMENT STATE OF ARKANSAS '• w�..n� )SS COUNTY OF 'i�F7tV - ) BE IT REMEMBERED, That on this day came before the undersigned, allotary Public, within and for the County aforesaid, duly commissioned aqd acting, Charles Palmer to me well known as the; Grantor in the foregoing. Deed, and seated that he had executed same for the consideration and purposes -therein mentioned and set forth. 'VOL 887. 744 FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: November 22, 1999 Attached is a copy of the ordinance approving the condemnation of property owned by the Palmer Trust for property located on Sycamore Street. Your purchase requisitions have been forwarded to the Internal Auditor. The original will be microfilmed and filed with the City Clerk.