HomeMy WebLinkAboutOrdinance 5248 Doc ID: 012960520004 Type: REL
Kind: ORDINANCE
Recorded: 07/09/2009 at 10:23:07 AM
Fee Amt: $30.00 Pace 1 of 4
Washington Countv. AR
Bette Stamps Circuit Clerk
Flle2009-00021948
ORDINANCE NO. 5248
AN ORDINANCE APPROVING VAC 09-3282 SUBMITTED BY ALLEN
YOUNG FOR PROPERTY LOCATED AT THE UNIVERSITY OF
ARKANSAS RESEARCH AND TEC14NOLOGY PARK AND SOUTH
SCHOOL AVENUE TO VACATE APPROXIMATELY 86,684 SQUARE
FOOT OF RIGHT-OF-WAY FOR 20TH STREET, LYING WITHIN THE
SUBJECT PROPERTY
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 86,684 square
foot portion of the platted 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 86,684 square feet of right-of-way 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 Conditions of Approval as
follows, and shall not be in effect until all conditions are met.
1. All existing easements for water and sewer lines shall be retained.
2. An easement for Southwestern Electric Power Company's existing lines shall be platted.
3. The area to be vacated shall be retained as a utility easement. Any damage or relocation of
existing facilities shall be at the owner/developers expense.
y
Page 2
Ord. 5248
PASSED and APPROVED this 16th day of June, 2009.
APPROVED: ATTEST:
By: By:
L NLD J , Mayor S014DRA E. SMITH, CityClerk/Treasurer
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EXHIBIT "B"
VAC 09-3282
THE 20TH STREET (RESEARCH CENTER BLVD) PUBLIC STREET RIGHT OF WAY AT
THE ARKANSAS RESEARCH AND TECHNOLOGY PARK OF THE UNIVERSITY OF
ARKANSAS ANY PORTION OF THE PUBLIC STREET RIGHT OF WAY THAT MAY
EXIST WITHIN THE FOLLOWING DESCRIBED LANDS:
A PART OF THE SEI/4 SWI/4 AND PART OF THE SWI/4 SEI/4 OF SEC. 21, T 16
ANY PORTION OF PU N, R 30 W, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SEC. 21; THENCE
ALONG THE EAST LINE OF SAID SEI/4 SWI/4 OF SEC. 21, N 03°05'53" E, 487.66 FEET
TO POINT OF BEGINNING; THENCE N 86°59'23" W, 348.79 FEET; THENCE N 03°00'37"
E, 100.00 FEET; THENCE S 86°59'23" E, 874.65 FEET TO THE WESTERLY RIGHT OF
WAY OF SOUTH SCHOOL STREET; THENCE ALONG THE SAID WESTERLY RIGHT
OF WAY LINE S 11021'06" W, 101.07 FEET; THENCE N 86°59'23" W, 511.20 FEET TO
THE POINT OF BEGINNING AND CONTAINING 1.99 ACRES, MORE OR LESS.
j
City of Fayetteville Staff Review Form
E
City Council Agenda Items
and
Contracts,Leases or Agreements j
6/16/2009
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action Required:
VAC 09-3282: (U of A120th Street, 601): Submitted by Allen Young for property located at the University of
Arkansas Research &Technology Park and South School Avenue. The property is zoned 1-1, Heavy
Commercial/Light Industrial. The request is to vacate the 20th Street right-of-way, containing approximately 86,684
square feet, lying within the subject property.
j
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 I
Budgeted Item L� Budget Adjustment Attached
OS.1j Previous Ordinance or Resolution#
Dep me Di for ti Date
rnf�
/,t� / SS JD (,dj'? Original Contract Date:
S P"a
( '"2
,.Wnl ��-'�—� —S;-2,q-43'( Original Contract Number:
City Attorney T Date
k
Finance and Internal Services Director Date Received in CitygERicO
Clerk's Office
jay
Sta Date
Received in EN Ell 0
/ Mayor's Office
O 1 a
I
r ate TIT
Comments:
Revised January 15,2009
<A
City Council Meeting of June 16, 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To; Mayor and City Council
Thru; Jeremy C.'Pafe, Director of Development Services
From: Jesse Fulcher,Current Planner
Date: May 28,2009
Subject: Vacation for U of A/200' Street(VAC 09.3282)
t
I
i
RECOMMENDATION
Staff and the PIanning Commission-recommendapproval of vacating the unused right of-way
for 2Wh Street west of S. School Avenue,located entirely within the subject property.
BACKGROUND
The property is a portion of the original 20°' Street right-of-way that was platted in 1950,
located west of S. School Avenue, within Arkansas Research and Technology Park,
Through a contract with the City of Fayetteville, approved by the City Council in 2001,
the University of Arkansas was deeded the land containing the right-of-way for 2e
Street, W. Research Center Boulevard, which is the main entrance to the Arkansas
Research and Technology lark, is now constructed over the old right-of-way for 20'x'
Street. Although the land was sold to the U of A, the City of Fayetteville City Council
never officially vacated the right-of-way for 20'h Street.
The University of Arkansas'is requesting that the City of Fayetteville vacate:all portions
of the Original 20'h Street,-right of-way, to comply with the intent of the adoption of
Resolution 166-01,dated December 4, 2001,.
DISCUSSION
This item was-heard at the regular Planning_Commission meeting on May 26, 2009. The
Planning Commission voted 8-0-0 to forward this rezoning request to the City Council
BUDGETIMPACT
None.
f
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 09-3282 SUBMITTED
BY ALLEN YOUNG FOR PROPERTY LOCATED AT THE
UNIVERSITY OF ARKANSAS RESEARCH AND
TECHNOLOGY PARK AND SOUTH SCHOOL AVENUE TO
VACATE APPROXIMATELY 86,684 SQUARE FOOT OF
RIGHT-OF-WAY FOR 20TH STREET, LYING WITHIN THE
SUBJECT PROPERTY
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
I
WHEREAS,the City Council has determined that the following described 86,684 square
foot portion of the platted right-of-way is not required for corporate purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE j
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and
abandons the 86,684 square feet of right-of-way 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 j
recorded in the Deed Records of the County.
Section 3: That this vacation approval is subject to the Conditions of Approval as
follows, and shall not be in effect until all conditions are met.
1. All existing easements for water and sewer lines shall be retained.
2. An easement for Southwestern Electric Power Company's existing lines shall be platted.
i
3. The area to be vacated shall be retained as a utility easement. Any damage or relocation of
existing facilities shall be at the owner/developers expense.
i
i
Page 2
Ord.
I
I
PASSED and APPROVED this day of 2009, j
i
APPROVED: ATTEST:
By: By:
LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer
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EXHIBIT "B"
VAC 09-3282
THE 20 STREET(RESEARCH CENTER BLVD) PUBLIC STREET RIGHT OF WAY AT
THE ARKANSAS RESEARCH AND TECHNOLOGY PARK OF THE UNIVERSITY OF
ARKANSASBLIC STREET RIGHT OF WAY THAT MAY EXIST WITHIN THE
FOLLOWING DESCRIBED LANDS:
A PART OF THE SETA SWI/4 AND PART OF THE SW1/4 SE1/4 OF SEC. 21, T 16
ANY PORTION OF PU N,R 30 W, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SEC. 21;THENCE
ALONG THE EAST LINE OF SAID SETA SWI/4 OF SEC. 21,N 03°05'53" E, 487.66 FEET
TO POINT OF BEGINNING; THENCE N 86°59'23"W, 348.79 FEET; THENCE N 03°00'37"
E, 100.00 FEET; THENCE S 86°59'23" E, 874.65 FEET TO THE WESTERLY RIGHT OF
WAY OF SOUTH SCHOOL STREET;THENCE ALONG THE SAID WESTERLY RIGHT
OF WAY LINE S 11 021'06" W, 101.07 FEET; THENCE N 86°59'23" W, 511.20 FEET TO
THE POINT OF BEGINNING AND CONTAINING 1.99 ACRES, MORE OR LESS.
i
Taye A
PC Meeting of May 26, 2009
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
t
TO: Fayetteville Planning Commission
FROM: Jesse.Fulcher, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Development Services Director
DATE: May44,-2989 Updated May 28, 2009
VAC 09-3282: (UA / 20TH STREET, 601): Submitted by ALLEN YOUNG for -
property located at THE UNIVERSITY OF ARKANSAS RESEARCH &
TECHNOLOGY PARK, S. SCHOOL AVENUE. The property is zoned I-1, HEAVY
COMMERCIAL/LIGHT INDUST. The request is to vacate the unused R-O-W for 20th
Street, lying totally within the subject property. Planner: Jesse Fulcher
Findings:
Property Description: The property is a portion of the original 20th Street right-of-way
that was platted in 1950. Through a contract with the City of Fayetteville, approved by
the City Council in 2001, the University of Arkansas was deeded the land containing the
right-of-way for 20th Street. W. Research Center Boulevard, which is the main entrance
from the Arkansas Research and Technology Park, is now constructed over the old right-
of-way for 20th Street. Although the land was sold to the U of A, the City of Fayetteville
City Council never officially vacated the right-of-way for 20th Street.
Request: The University of Arkansas is requesting that the City of Fayetteville vacate all
portions of the original 201h Street right-of-way, as intended with the passage of
Resolution 166-01, dated December 4, 2001.
The applicant has submitted notification forms to affected utility providers, including the
City of Fayetteville, with the results summarized below.
UTILITIES RESPONSE
Ozarks Electric Not contacted
Cox Conununications No Objections
Southwestern Electric Power Company Easements, as necessary to cover
existing facilities, shall be dedicated.
Arkansas Western Gas No Objections
K:\Reports\2009\PC Reports\l3-May 26\VAC 09-3282(20th Street ROW_U of A).doc
AT&T The area to be vacated shall be
retained as a utility easement. Any
damage or relocation of existing
facilities shall be at the
owner/developers expense.
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer All existing water and sewer
easements shall be retained.
Transportation Not contacted
Solid Waste Not contacted
Engineering Not contacted
Public Comment: No public comment has been received.
Recommendation: Staff recommends forwarding VAC 09-3267 to the City Council
with a recommendation of approval with the following conditions:
Conditions of Approval:
I
1. All existing easements for water and sewer lines shall be retained.
2. An easement for Southwestern Electric Power Company's existing lines shall be
platted.
3. The area to be vacated shall be retained as a utility easement. Any damage or
relocation of existing facilities shall be at the owner/developers expense.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: Forwarded O Denied O Tabled
Date: May 26,2009
Motion: Zant
Second: Mures
Vote: 8-0-0 (consent agenda)
KAReports\2009WC ReportAl3-May 261VAC 09-3252(20th Street ROW_U ofA).doc
THE 20TH STREET (RESEARCH CENTER BLVD) PUBLIC STREET RIGHT OF
WAY AT THE ARKANSAS RESEARCH AND TECHNOLOGY PARK OF THE
UNIVERSITY OF ARKANSAS
Any portion of Public Street Right of Way that may exist within the following
described lands:
A part of the SE1/4 SW1/4 and part of the SW1/4 SE1/4 of Sec. 21, T 16
N, R 30 W, and being more particularly described as follows:
Commencing at the South Quarter Corner of said Sec. 21; Thence along
the East line of said SE1/4 SW1/4 of Sec. 21, N 03°05'53" E, 487.66 feet
to Point of Beginning; Thence N 86°59'23" W, 348.79 feet; Thence N
03°0037" E, 100.00 feet; Thence S 86°59'23" E, 874.65 feet to the
westerly Right of Way of South School Street; Thence along the said
westerly Right of Way line S 11021 06 W, 101.07 feet; Thence N
86°59'23" W, 511.20 feet to the Point of Beginning and containing 0.44
acres, more or less.
PETITION TO VACATE THE 201' STREET (RESEARCH CENTER BLVD) PUBLIC STREET
RIGHT OF WAY AT THE ARKANSAS RESEARCH AND TECHNOLOGY PARK OF THE
UNIVERSITY OF ARKANSAS, WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS.
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
I, Phil Stafford, Petitioner, being the representative for the Board of Trustees of the University of Arkansas,
the owner of the real estate encompassing the 20`" Street (Research Center Blvd) Public Street Right of
Way, hereinafter sought to be abandoned and vacated, lying wholly within the SEl/4 SW 114 and the
SWIM SE1/4 of Section 21, T16N, R30W, City of Fayetteville, Arkansas, a municipal corporation, petition
to vacate any portion of Public Street Right of Way that may exist within the following described lands:
A part of the SEI/4 SW 1/4 and part of the SW 1/4 SEl/4 of Sec. 21, T 16 N, R 30 W, and being
more particularly described as follows:
Commencing at the South Quarter Corner of said Sec. 21; Thence along the East line of said
5E114 SW1/4 of Sec. 21, N 03°0553" E, 487.66 feet to Point of Beginning; Thence N 86°5923"
W, 348.79 feet; Thence N 03°00'37" E, 100.00 feet; Thence S 86°59'23" E, 874.65 feet to the
westerly Right of Way of South School Street; Thence along the said westerly Right of Way line S
11°2106" W, 101.07 feet; Thence N 86°5923" W, 511.20 feet to the Point of Beginning and
containing 0.44 acres, more or less.
The Petitioner states that the abutting real estate affected by said vacation of the 20aStreet (Research
Center Blvd) public street Right of Way is within the SE1/4 SW 1/4 and the SW 1/4 SEl/4 of Section 21,
T16N, R30W and the abutting real estate is all owned by the Board of Trustees of the University of
Arkansas, that the roadway at this location is to be considered a University Drive to be maintained by the
University of Arkansas, and that the public interest and welfare would not be adversely affected by the
vacating of the above described Public Street Right of Way.
The Petitioner prays that the City of Fayetteville, Arkansas, abandon and vacate the above described Street
Right of Way, subject, however, to the existing utility easements and sewer easements as required, and that
the above described real estate be used for it's respective benefit and purpose as now approved by law.
The Petitioner further prays that the above described real estate be fully vested in the abutting property
owner, being the Board of Trustees of the University of Arkansas, as provided by law.
WHEREFORE, the Petitioner respectfully prays that the governing body of the City of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements,
and that title to said real estate sought to be abandoned be vested in the abutting property owner, as
provided by law, and as to that particular land the owner be free from the above described Public Street
Right of Way.
Dated this J day of /lpri / , 2097
r0,: Pb;! -(iu f -d - 0.1 re,,;a� a /1t1(4 1Sgs
Printed name
Signature
Written request and narrative to accompany petition packet to vacate the
20th Street (Research Center Blvd) Public Street Right of Way at the Arkansas Research and
Technology Park of the University of Arkansas, within the City of Fayetteville, Arkansas.
To: The Fayetteville City Planning Commission and
The Fayetteville City Council
On behalf of the University of Arkansas, I am petitioning the Fayetteville City Planning Commission and the
Fayetteville City Council to vacate the 20`" Street (Research Center Blvd) Public Street Right of Way located wholly
within the University of Arkansas property lying north of Cato Springs Road and West of South School, within the
City of Fayetteville, Arkansas.
The only landowner abutting and affected by the vacation of the Public Street Right of Way is the University of
Arkansas.
The 20th Street (Research Center Blvd) Public Street Right of Way was originally granted as a 40' wide Right of Way
for street purposes at Book 419, Page 390 in 1950. The City of Fayetteville was deeded the remainder of the lands that
made up 20'h Street and surrounding parcels by Warranty Deed at Inst #97-30936, Warranty Deed at Inst #95-
62110/11, and Quit Claim Deed at Inst #97-68335. The City of Fayetteville has since deeded the lands that made up
20th Street and the surrounding parcels to the University of Arkansas, with the exception of a small triangular shaped
parcel north of 20th Street (QCD at Inst #97-68335) and the South Y2 of the parcel acquired at Inst #97-30936. Both of
those remnant parcels of land are to be deeded to the University concurrently with this Vacation of any remaining
Public Street Right of Way. It is unclear if the legal Right of Way was ever expanded from its original 40' width to
either 50' or ultimately to 100', so Kit Williams advised that we describe an area encompassing the full 100' wide
potential Right of Way in this vacation to be safe.
The roadway at this location is to be considered a University Drive and will be maintained by the University of
Arkansas.
A Utilities Easement will be dedicated along the old 20'" Street Right of Way to retain the easement rights that may
exist therein.
By vacating the 20`" Street (Research Center Blvd) Public Street Right of Way, the owner would benefit, and no other
landowner would be adversely affected. The public interest and welfare would not be adversely affected by vacating
the Public Street Right of Way.
Included in the Petition Packet is:
1 Application and Payment of applicable fees for processing the application $200.00.
2 Legal description and exhibit map of area to be vacated.
3 This written description.
4 Names and addresses of adjacent property owners not required as the petitioner is the only affected
landowner. Mailing labels not required.
5 A copy of the plat on record in the county assessor's office with the owner's name and parcel
number of each adjacent property shown on a scaled up version of the plat.
6 Petition to vacate the 20th Street (Research Center Blvd) Public Street Right of Way.
7 Written notification of all owners of property adjacent to the easement to be vacated not required.
8 Utility Company Approval Forms, additional forms will be submitted when they have been received
from the respective utility companies, as advised by Jeremy Pate at a pre -planning meeting on April
15, 2009.
Allen Jay Young, D elop t Consultants, Inc.
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 4115/2009
Utility Company: Cox Communications
°'4'' Applicant Phone: 575-8411
Applicant Name: Phi! Stafford W'tl
REQUESTED VACATION (applicant must check alt that apply):
utility Easement:
_____ Right -of way for alley or streets and all utility easements located within the vacated right-
of -way.
Alley
Street right-of-way
Generallocation / Address(referring to attached doctunent- must be completed*")
(ATEACH legaI description and graphic representation of what is beingtuwated-SURVIW
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above,provided foitowing described easements
are retained. (State the location, dimensions, and purpose below.)
No objections provided the following conditions are met:
Page
UTILITY APPitOV'A. PERM
FOR RIGHT- Ol - WAY, ALLEY, AN
UTILITY E?ASflM13NT VACATIONS
D'Itet 4115120-09
.,rne� F?h0.zut€fkt��tl7vefsiSy itfCEti#S :. A}p3rxx?I'3itine; 575.3411
Rt:Q3. ESTEED VACATION ispplivastn nasl clawckvil fhat sppii fs
Utility Lasetuent
ltttht-of.-way for alkx y or street. and ;elf ttlity eascnrwnts toe<y=ed within the vacated Agin-
of- way.
Alley
Strent ightnf-way
I have been notified of the Petition ₹o vacala ttra following {al ey ct s meat rbf lxt•of a ay),
Genernitocaitc}n/Addressrlseferringtoattarhe4 documenf-mustbecompleted*) t
t* T'IACff !cg4 dcscrrption andgrafxltfrnpreseiafniiaxt of what is beirtg vacated-StiRVVEi'i
UTILITY COMPANY COMM}NTS:
No objections to the vacations) ation(s) deseclbed above.
L. lathe vacations) ckscdbid$evcprovidedfo71awingdescribed ensnments
No objections provided the following conditions are met:
Page S
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UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 4/I 5/20D9
Utility Company. AT&T
Applicant Name: Phil Stafford: University of Arkansas Applicant Phone: 575-8411
REQUESTED VACATION (applicant oust check di that apply):
Utility Easement
flRight-of-way for alley or streets and all utility easements located within the vacated right-
of- way.
Alley
Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
O%! ,2o& Strrey Rylit aft4
General location /Address (referring to attached document- must be completed**) (Sec 4tia<4 rd>
(ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY CO,ITtvfENTS:
No objections to the vacation(s) described above.
No objections to the vacation(s) described above, provided following described easements
are retained (State the location, dunensions and purpose below.)
{\tC. V;{: iit a.Z !\c<v'AC_. rw•t_. j'?.`IIC.,I:..(....3
No objections -provided the following conditions are met:
Signature of Utility Company Representative
Title
pqe-
UTILITY APPROVAL FORM
FOR RIGHT- OF -WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
Date: 4/15/2099
Utility company: City of FayetteFayetteville Water and Sewer
ApplicantNamt Phil Stafford: University of Arkansas Applicant Phone. 575$411
REQUESTED VACATION (applicant must check all that apply):
71 Utility Easement
QRight-of-way for alley or streets and all utility easements located within the vacatedright-
of -way.
Alley
Street right-of-way
I been notified of the petition to vacate the following (alley, easement, right-of-way),.described as follows
General location / Address (referring to attached document- must be cornpleted"'") old j 0 t 41e it i ii
/"see z3a tL..A\
(ATTACH legal description and graphic representation of what is being vacated-
SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above.
( No objections to the vacation(s) described above, provided following described easements
are ietamed. (State the location, dimensions, and purpose below,)
No objections provided the following conditions are met:
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RESOLUTION NO. 166-01
A RESOLUTION. APPROVING AN OFFER AND ACCEPTANCE
CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND THE
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
FOR THE SALE OF LAND LOCATED ON SOUTH SCHOOL
STREET IN THE AMOUNT OF FOUR HUNDRED FIFTY-NINE
THOUSAND DOLLARS ($459,000.00) LESS ASSOCIATED
CLOSING COSTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1" That the City Council hereby approves an Offer and Acceptance
contract between the City of Fayetteville and the Board of Trustees of the
University of Arkansas for the sale of land located on South School Street in the
amount of Four Hundred Fifty -Nine Thousand Dollars ($459,000.00) less
associated closing costs. A copy of the contract is attached hereto marked Exhibit
"A" and made a part hereof.
Section 2. That the City Council authorizes the Mayor to sign said
agreement with the Board of Trustees of the University of Arkansas.
PASSED AND APPROVED this 41 day of December, 2001.
APPROVED:
By:
S �<� DAN COODY, Mayo
...,arm.. 1
fd ATHER WOODRUFF, C Clerk
EXHIBIT "A"
TO
WARRANTY DEED
PROPERTY DESCRIPTION
PROPERTY DESCRIPTION:
A part of the SE''/. of the SW% and a part of the SW'/' of the SEX. all in Sadlon 21, Township 16 North. Range 30 West of
the Fifth Principal Meridian , being more particularly described as follows: Beginning at the Southwest comer of the
Southwest Quarter (SW'/.) of the Southeast Quarter (SEX) of said Section 21, said point being an existing slate monument
in Cato Springs Road; thence West 18.16 feet to an existing railroad spike; thence North 05' 00' 10" East 540.00 feel to an
iron pin; thence South 89.35' 42" East 493.68 feet to an iron pin on the West right of way tine of School Street(U.S. Hwy 471);
theme South 08' 37 58' West along said West right of way Tine 197.24 feet to a point, sold point being North 08' 3156' East
17.94 feet from en iron pin; thence North 81' 08' 49" West 108.11 feet to a point thence South D0' 10' 46' West 28.00 feet
to a point, said point being South 86. 36 14" East 102.42 feet from the same iron pin mentioned heretofore; thence North
86' 36' 14' West 277.50 feet to an Iron pin; thence South 00' 10' 46' West 345.00 feet to a cotton spindle on the South line
of the Southeast Quarter (SEX) of the Southwest Quarter (SW'!.) of said Section 21; thence North 89' 3542' West 110.00
feat to the Point of Beginning, containing 3.09 acres, more orless, and subject to easements and rights of way of record. This
description excludes that potion of land contained In an 9ncroatllment referenced in the Decree of Chancery Court Case
No. 18148, Bled February 25,1969 as recorded In Chancery Record 78 @ Page 109, Washington County Arkansas.
And,
A pan of the Southwest Quarter (SW%) of the Southeast Quarter (SEX) of Section Twenty-one (21), Township Sixteen (16)
North, Range Thirty (30) West . being more particularly described as follows: Commencing at the Northwest comer of sold
40 acre tract: thence South 89. 39' 23' East along the North foe of said 40 acre tract 833.00 feet (previous Deed said 585
feet, more or less) to the west right of way line of School Avenue(U.5. Hwy. 471); thence South 08' 38' 43' West along said
West right of we, line of U.S. Hwy. 471e distance of 632.93 feet (previous Deed " 618.50 feet) to en iron pines the true Point
of Beginning; Thence South 08' 38' 43' Wes] along said west right of way line 106.11 feet to a point from which a reference
cotton spindle set on the North right of way line of Twentieth Street bears North 08" 38' 43" East 2.54 feet; thence North 89'
39' 23' West 379.69 feet to a point from which a reference Iron pin on the North right of way line of 20" Street, bears North
00' 20 48" East 2.92 feet; thence North 00. 20' 48' East 105.00 feet to an Iron; thence South 89' 39' 23' East 395.00 feet
to the Point of Beginning, containing 0.93 acre, more or less. and being subject to easements of record and that portion lying
within the right of way of 20" Street along the South boundary which contain 0.02 acre, more or less. Washington County,
Arkansas..
---� Twentieth Street Right of Way Conveyance
A part of the SEX of the SW''/. and a pan of the SW''/. of the SEX, all in Section 21, Township 18 North. Range 30 West of
the Fifth Principal Meridian, being more particularly described as follows: Beginning at a point on the Center line of said
Section 21, said point being South 00. 16' 48' West 728.80 feet, more or less, from the Northwest comer of seid 40 acre said
to the Norm right of way line of 20" Street; thence along said North right of way line of 20" Street Noah 89. 39' 23" West
365.32 rest to the West end of 20" Street; thence South 00' td 48" West 50.0 feet to the South right of way line of 20" Street
as it existed in 1997; thence South. 89. 35' 42' East 391.32 feet to the West fine of the SW'!, -SEX. 21-16-30; thence
continuing South 89' 35' 42' East 493.68 feet to the West right of way line of School Avenue (U.S. Highway 471): thence
North 00. 35' 42' East along said West right of way a distance of 51.49 feet; thence leaving said West right of way line of
School Street North 89' 39' 23" West 527.28 feet to the Center line of the Section 21 and the point of Beginning, containing
1.03 aces, more or less, subject to easements and rights of way of record, Washington County, Arkansas..
SIGNED FOR IDENTIFICATION PURPOSES:
BY;
Can Goody, Mayor
k r=s. 11.6-o/
Coy O/aro«
OFFER AND ACCEPTANCE CONTRACT ORIGINAL
That the Board of Trustees of the University of Arkansas , acting on behalf of the
University of Arkansas, Fayetteville, hereinafter referred to as the Buyer, offers
to buy, subject to the terms and conditions set forth herein, the following
described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
from the City of Fayetteville, Arkansas, a municipal corporation, hereinafter
referred to the Seller.
2- Purchase Price: Subject to the following conditions, the Buyer shall pay for the
property at closing, the total and cash only payment of $_459,000 .
3. If title requirements are not fulfilled to the satisfaction of the Buyer, or the Seller
fails to fulfill any obligations under this contract, the Buyer may. at its option,
declare this contract to be null and void. If the Buyer fails to close this
transaction or fails to fulfill his obligations under this contract after all conditions
have been met, the Seller, at his option, may declare such contract to be null
and void. Alternatively, either party may assert legal or equitable rights which
each may have because of breach of this contract.
4. Conveyance will be made to the Buyer by general Warranty Deed, except for
that portion of the original 20" Street, prior to 1997, which will be conveyed by
the City in the form of Quit Claim Deed. All deeds shall be subject to recorded
instruments and easements, if any. Such conveyance shall include any mineral
rights owned by the Seller.
5. The Seller shall furnish, at Sellers expense, a policy of title insurance in the
amount of the purchase price from a title insurance company as selected by the
Buyer.
6. Seller to provide Buyer with boundary survey, if available. Seller agrees to allow
Buyer, if Buyer so desires, at Buyer's expense, to survey the property. Seller
agrees to cure any title problems which may result from any differences between
the recorded legal descriptions of the property and the survey description. Said
title problems must be solved prior to closing to the satisfaction of the Buyer.
7. Taxes and special assessments due on or before closing shall be paid by the
Seller. Insurance, general taxes, ad valorem taxes, special assessments and
rental payments shall be prorated as of closing.
8. The closing date shall be within thirty (30) days after approval of this contract by
the Fayetteville City Council and the Board of Trustees of the University of
Arkansas, whichever occurs later. All conditions precedent to closing shall have
been met to the Buyer's satisfaction or waived by Buyer prior to closing and
closing shall be extended until such conditions are satisfied or waived. If such
date of closing falls on a weekend or holiday, it will be held the following working
day.
9. Closing costs, except for those heretofore mentioned, shall be shared equally
between Buyer and Seller.
10. Possession of the property shall be delivered to the Buyer on the date of closing.
11. Seller hereby grants permission for the Buyer or its employees or designates to
enter the above described property and improvements for the purpose of inspec-
tion and/or surveying.
12. All fixtures, improvements and attached equipment are included in the purchase
price.
S S RES, !6M-Ot
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 5
13. Risk of loss or damage to the property by fire or other casualty occurring up to
the time of closing is assumed by the Seller.
14. Seller shall disclose to Buyer any and all environmental hazards of which Seller
has actual knowledge. Buyer may obtain a preliminary Phase I, or modified
Phase I, environmental assessment within the specified time frame for closing.
If such assessment indicates the existence of asbestos or heavy metals in
quantities which could be considered as hazardous materials or environmental
hazards, a more extensive assessment would be conducted by the Seller, at
Seller's cost, to determine the extent of required remediation. Buyer may extend
said closing until such hazards have been corrected by Seller, or Buyer may
terminated this contract. Alternately, Seller may elect to deduct the cost of such
remediation from the purchase price.
15. This agreement shalt be governed by the laws of the State of Arkansas.
16. This agreement, when executed by both the Buyer and the Seller shall contain
the entire understanding and agreement of the parties with respect to the
matters referred to herein and shall supersede all price or contemporaneous
agreements, representations and understanding with respect to such matters,
and no oral representations or statements shall be considered a part hereof.
17. This contract expires, if not accepted by the Administration of the Seller,on or
before the 31,i day of B« -u- 2001.
18. The property, as described herein, shall be sold on a as -is basis, with no
actual or implied guarantees or conditions, other than those set forth in
this document.
19. It is understood and agreed by Buyer and Seller that each entity will submit for
approval by their respective governing bodies within a period of 60 days after
this document is fully executed.
20. The property described herein does not have improvements located on the
premises, except for a small area in the Southwest portion of Parcel 765-15015-
000 which contains a fiber optic junction box under an Easement with
Southwestern Bell Telephone.
21. NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES
THAT THIS CONTRACT IS EXPRESSLY CONTINGENT UPON
THE APPROVAL OF THE CITY COUNCIL OF FAYETTEVILLE
AND THE BOARD OF TRUSTEES OF THE UNIVERSITY OF
ARKANSAS, AND THAT THE FAILURE OF THE COUNCIL OR
BOARD OF TRUSTEES TO SO APPROVE WILL MAKE ALL
PORTIONS OF THIS OFFER NULL AND VOID.
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 5
SELLER:
City of Fayetteville, Arkansas
A municipal Corporation
BY:
Dan Coody, Mayor
ATTEST::
Bather Woodruff, City Cleric
BUYER:
Board of Trustees of the University of Arkansas
BY:
RES. IU-at
ORIGINAL
Date: (?/I2/O,
Date:
Date: n-- 1t/a
(Name and Title) /( �(�
ATTEST:
c?T Date: /2/14 /O /
(Name and Title
C
SE -SW -21-16-30
U of A Property
wlo .
U of A Property
NW comer
SWU4-SE1/4,
21-16-30
SW SE 21-16-30
Property
892.51
SW' `8`fiter Cato Springs Road
SW -SE, 21-16-30
O
O
U
Encroachment Decree Area
2383 sq. ft.
Title: Proposed Sale of 20th St. City Properties to U of A
Dace.: 10 23.20O)i
Scale: 1 inch = 160 feet
File: 20CP&ROW.des
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