HomeMy WebLinkAbout140-82 RESOLUTIONRESOLUTION NO. /
A RESOLUTION AUTHORIZING AND DIRECTING THEMAYOR AND
CITY CLERK TO EXECUTE A PERMANENT EASEMENT TO THE
ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT
FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING AN
EXTENSION OF ARKANSAS HIGHWAY 16 FROM U.S. HIGHWAY 62
TO 15th STREET.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute a permanent easement to the Arkansas State
Highway and -Transportation Department for the purpose of.:
constructing and maintaining an extension of Arkansas Highway 16
from U.S. Highway 62 to 15th Street. A copy of the easement
authorized for execution hereby is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 07330 day of /U0646Mad5A7
1982.
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APPROVED:
ga4,(11 9/614"/
44 MAYOR
YO
•
ATTEST::
,i4 CITY CLERK.
- ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Henry Gray, Director
Telephone (501) 569-2000
Ed Connell
Right of Way Agent
City of Fayetteville, Arkansas
Dear Mr. Connell:
September 17, 1982
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P.O. Box 2261
Little Rock, Arkansas 72203
Job 4864
Right of Way - State
Construction - M-5087(2)
Highway 16 - Highway 626
Washington County
As per our telephone conversation, enclosed is a copy of the Right of
Way Plans and four legal descriptions covering the area that needs to
be deeded to the Arkansas State Highway Commission. The four areas
have been colored coded on the Right of Way Plans and legal descriptions
for your convenience.
I trust the above information will be useful and we may be of further
assistance, please advise.
FW/11
Enclosures
Yours truly,
Fred Williams, Chief
Engineering Section
Right of Way Division
et
FAYETTEVILLE, ARKANSAS
CITY ENGINEER'S OFFICE
P.O. DRAWER F
November 9, 1982
David McWethy
Assistant City Manager
City of Fayetteville
Dear David:
moi
(501)5x1.7700
As you are aware, we are trying to obtain the necessary
right of -way for Highway 16 along that portion of Razorback
Road from Highway 62 to 15th Street. This right of way is
to be purchased in the name of the City of Fayetteville and
then deeded to the Arkansas State Highway Department, and
is to be delivered tb them before the 1st of December 1982.
There are still two tracts for which we have not completed
transactions. One is the Burlington Northern Railroad who
assure me that there are no difficulties and that we will
receive the "Joint Use Agreements" within the next ten days
or two weeks. The other tract is Gold Kist Inc. and they
are trying to change the right of way to reduce the land
area taken from them. The Highway Engineers say they cannot
change the plans which are drawn.
There is a large possibility we may need to condemn either
one or perhaps two of these properties to meet the December
1 deadline. Mr. Grimes, I believe, has talked with you
about getting authorization for these condemnations from
the Board of Directors at the November 23rd Board meeting.
We would appreciate having the attached resolution signed
by the Mayor as well as the deed to the Arkansas State
Highway Department so we will be prepared to meet the dead-
line. The deed to the Highway Department will not be re-
leased until all of the right of way is in our hands.
Sincerely yours,
`)n
Ed N. Connell
Right of Way Agent
Enclosure
ENC/bt
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EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Arkanas, the Grantor, for
the consideration of One Dollar ($1.00) and other good and valuable
consideration to it in hand paid by the Arkansas State Highway
and Transportation Department, the Grantee, the receipt of which
is hereby acknowledged, does'hereby grant, bargain, sell and
convey to said grantee a perpetual easement on, over, across, and
under the real property described in Exhibits "A", "B", "C", and
"D" attached hereto and made a part hereof for the purpose of
constructing and maintaining a public highway and public sidewalks.
TO HAVE AND TO HOLD said premises to said Grantee, the
Arkansas State Highway and Transportation Department, for the
uses and purposes hereinbefore described.S
WITNESS our hands and seal on thisdgtbday of //D!/ , sc
1982.
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
CITY OF FAYETTEVILLE, ARKANSAS
By:
Mayor
Attest:
•
e--xGQi
City Clerk
gad/
ACKNOWLEDGMENT
On this ,®day of 4/0 B , 1982, before the
undersigned, a Notary Public, du y commissioned, qualified
and acting, within and for the said County and State, appeared
in person the within named Paul Noland and Olivia Kelly, to
me well known, who stated that they were the Mayor and City
Clerk of the City of Fayetteville, Arkansas, and were duly
authorized to execute the foregoing Easement, and further
stated and acknowledged that they had so signed, executed,
and delivered said Easement for the consideration, uses and
purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
official seal this c 3z day of 4//Ua5c%c , 1982.
My commission expires:
otary Pu
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JOB 4864
LEGAL DESCRIPTION
A part of the North Half of the Northeast Quarter of Section 20, Township
16 North, Range 30 West, Washington County, Arkansas, more particularly
described as follows:
Starting at the Northeast Corner of the Northeast Quarter of the Northeast
Quarter of Section 20; thence North 87° 29' West along the North line of
said Section 20 a distance of 1320.25 feet to the Northwest Corner of
said Northeast Quarter of the Northeast Quarter of Section 20; thence South
02° 40' West along the West line of said. Northeast Quarter of the Northeast
Quarter a distance of 72.48 feet to a point on the Southerly railroad right
of way line of the Burlington Northern Inc. for the point of beginning; thence
North 85° 25' East along said railroad right of way line a distance of 93.10
feet to a point on the proposed Easterly right of way line of Proposed State
Highway 16; thence South 66° 36' 01" West along said proposed right of way line
a distance of 83.68.feet to a point; thence South 02° 56' West along said
proposed right of way line a distance of 160.0 feet to a point; thence South
00° 04' 15" West along said proposed right of way line a distance of 100.12
feet to a point; thence South 05° 47' 45" West along said proposed right of
way line a distance of 100.12 feet to a point; thence South 02° 56' West along
said proposed right of way line a distance of 115.0 feet to a point; thence
South 07° 13' 00" West along said proposed right of way line a distance of
111.49 feet to a point; thence South 15° 11' 15" West along said proposed right
of way line a distance of 123.11 feet to a point; thence South 01° 15' 41"
West along said proposed right of way line a distance of 38.85 feet to a point;
thence North 18° 27' 20" West a distance of 49.03 feet to a point; thence
North 22° 19' 20" West a distance of 67.52 feet to a point on the proposed
Westerly right of way line of said Proposed State Highway 16; thence North
09° 54' 41" East along said proposed right of way line a distance of 164.82
feet to a point; thence North 02° 56' East along said proposed right of way
line a distance of 529.59 feet to a point; thence North 85° 25' East a distance
of 42.89 feet to a point on the West line of the Northeast Quarter of the
Northeast Quarter of Section 20; thence South 02° 40' West along said West
line a distance of 35.28 feet to the point of beginning and containing 1.06
acres more or less, which includes 0.67 acre more or less being used as public
road.
DH/11
9/16/82
EXHIBIT "A"
1.•
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J0B' 4864
LEGAL DESCRIPTION
A part of the West Half of the Northeast Quarter of Section 20, Township
16 North, Range 30 West, Washington County, Arkansas, more particularly
described as follows:
Starting at the Northwest Corner of the Southwest Quarter of the Northeast
Quarter of Section 20; thence South 87° 42' East along the North line of
said Southwest Quarter of the Northeast Quarter a.distance of 1228.32 feet
to a point on the proposed Westerly right of way line -of Proposed State
Highway 16 for the point of beginning; thence North 02° 25' East along
said proposed right of way line a distance of 398.47 feet to a point;
thence North 05° 05' 47" East along said proposed right of way line a
distance of 52.45 feet to a point; thence North 10° 12' 08" East along
said proposed right of way line a distance of 47.46 feet to, a point on
the Southwesterly railroad right of way line of the Burlington Northern
Inc.; thence South.18° 27' 20" East along said railroad right of way line
a distance of 59.50 feet to a point; thence' South 15° 44' 20" East along
said railroad right of way line a distance of 97.99 feet to a point; thence
South 15° 44' 40" East along said railroad right of way line a distance of
94.26 feet to a point on the proposed Easterly right of way line of said
Proposed State Highway 16; thence South 02° 25' West along said proposed
right of way line a distance of 1535.11 feet to a point on the existing
Northerly right of way line of said State Highway 16; thence North 87° 41'
45" West along said existing right of way line a distance of 48.86 feet to
a point; thence North 87° 27' 36" West along said existing right of way line
a distance of 66.14 feet to a point on said proposed Westerly right of way
line of Proposed State Highway 16; thence North 08° 10' 51" East along said
proposed right of way line a distance of 248.92 feet to a point; thence North
02° 25' East along said proposed right of way line a distance of 300.0 feet
to a point; thence North 08° 53' 35" West along said proposed right of way
line a distance of 101.98 feet to a point; thence North 13° 43' 35" East
along said proposed right of way line a distance of 101.98 feet to a point;
thence North 02° 25' East along said proposed right of way line a distance
of 527.80 feet to the point of beginning and containing 3.55'acres more or
less, which includes 0.10 acre more or less being used as public road.
DH/11
9/16/82
EXHIBIT "B"
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hi
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JOB 4864
LEGAL DESCRIPTION
Part of the Southwest Quarter of the Southeast Quarter of Section 17, Township
16 North, Range 30 West, Washington County, Arkansas, more particularly described
as follows:
Starting at the Southeast Corner of the Southeast Quarter of the Southeast
Quarter of Section 17; thence North 89° 29' West along the South line thereof
a distance of 1320.25 feet to the Southeast Corner of the Southwest Quarter
of the Southeast Quarter of Section 17; thence North 00° 58' 46" East along
the East line thereof a distance of 50.94 feet to a point on the Northerly
railroad right of way line of the'Burlington Northern, Inc.; thence South 85°
25' West along said railroad right of way line a distance of 23.4 feet to a
point on the Westerly existing right of way line of Razorback Road for the
point of beginning; thence continue South 85° 25' West along said railroad
right of way line a distance of 17.60 feet to a point on the Westerly proposed
right of way line of Proposed State Highway 16; thence North 02° 56' West along
said proposed right of way line a distance of 147.96 feet to a point on the
Westerly existing right of way line of Razorback Road; thence South 25° 34' East
along said existing right of way line a distance of 8.21 feet to a point; thence
South 88° 11' East along said existing right of way line a distance of 12.6
feet to a point; thence South 02° 32' West along said existing right of way
line a distance of 139.49 feet to the point of beginning and containing 0.05
acre more or less.
DH/11
9/16/82
EXHIBIT "C"
4
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JOB 4864
LEGAL DESCRIPTION
Part of the Southeast Quarter of the Southeast Quarter of Section 17, Township
16 North, Range 30 West, Washington County, Arkansas, more particularly described
as follows:
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Starting at the Southeast Corner of the Southeast Quarter of the Southeast Quarter
of Section 17; thence North 87° 29' West along the South line thereof a distance
of 1320.25 feet to the Southwest Corner of the Southeast Quarter of the Southeast
Quarter of Section 17; thence North 00° 58' 46" East along the West line thereof
a distance of 128.74 feet to a point on the Northerly railroad right of way line
of the Burlington Northern, Inc.; thence North 85° 25' East along said railroad
right of way line a distance of 14.01 feet to a point on the Easterly existing
right of way line of Razorback Road for the point of beginning; thence North 02°
32' East along said existing right of way line a distance of 67.81 feet to a point;
thence North 88° 11( East along said existing right of way line a distance of 7.7
feet to a point on the Easterly proposed right of way line of Proposed State Highway
16; thence South 02° 08' 13" West along said proposed right of way line a distance
of 67.38 feet to a point on the Northerly railroad richt of way line of the Burlingtor
Northern, Inc.; thence South 85° 25' West along said railroad right of way line a
distance of 8.21 feet to the point of beginning and containing 0.01 acre more or less.
DH/11
9/16/82
EXHIBIT "D"
ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT I/WE The City of Fayetteville, in consideration of One Dollar ($1.00), the receipt of which is
acknowledged do hereby grant, bargain, sell, assign and transfer to University of Arkansas, our right
under Arkansas Code Annotated 27-67-322 to reacquire that part of the real property sold to the
Arkansas State Highway Commission in Washington County, Arkansas to wit:
Job:
Tract:
4864
WITNESS our hands this
LEGAL DESCRIPTION
(See Attached)
day of 4/
STATE OF
COUNTY OF
ACKNOWLEDGMENT
no±n
SUBSCRIBED AND SWORN before me a Notary Public this I day of
MY COMMISSION EXPIRES:
TARY PPUBLIC