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Home My WebLink About135-94 RESOLUTION• RESOLUTION NO. 135-94 A RESOLUTION APPROVING THE PURCHASE OF RIGHT- OF-WAY ON THE NORTHEAST CORNER OF HIGHWAY 265 AND HIGHWAY 16 EAST FOR $30,000.00, AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council herehy approves the purchase of right-of-way in the amount of $30,000.00 for the the northeast corner of Highway 265 and Highway 16 East. A copy of the -Fight-til-way-grant-is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council herehy approves a budget adjustment in the amount of $30,000.00 by decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 90005 to increase Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 94083. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 7th day of December 1994. ATTEST: By: APPROVED: By: Fred Hanna, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1994 Department: Sales Tax Construction Fund Division: Program: XHII3IT Date Requested Adjustment November 18, 1994 'roject or Item R quested: 'unding is requested for right of acquisition along HWY 265 and WY 16. 1 Project or Item Deleted: None. Project saving from Mill Street Extension Project are proposed for this project. ustdlcation of this Increase: The right of way acquisition is ecessary at this time due to the proposed development of the ortheast corner of HWY's 265 and 16. Justification of this Decrease: Mill Avenue Project has been bid and the contract award has been made. Project cost is less than the adopted project budget. • Account Name 'trcet Improvements Account Name ire Improvements Increase Amount Account Number Project Number 30,000 4470 9470 Amount Decrease 5809 00 Account Number 94083 Project Number 30.000 4470 9470 5809 00 90005 equcsted By Approval Signatures dinator �IHi -2 par ment Director Ad ervices [9 ector �r Budget Office Use Only Type: A B C D IE F Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy WARRANTY DEI I) ,� L FOR RECORD EXHIBIT 95 N 24 Pn 1 45 BE IT KNUNN Bl' 11IlISE PRCSl:N S: MAI' Crossover Associates, an Arkansas Limited Partnership, hvicin- after called (RANTOR, for and in ct,nsidela(lon of the ,um 1.4 One Dollen ($L')O) ,Intl i,(hcr good and valuable cnsideration. the receipt of which i, hclebt acknowl- alucd. dt e, hereh) gran!, bargain, ,ell .incl con ev unto the City of Fayetteville, Arkansas, a municipal corporation. hereinafter celled GRAN'! El:, and unit, (;rank:Cs successors an(I assigns, the following described Lind. ,ituaac in Washington ( taunt), State nl Arkansas, It,-vtit: N�nIi�GI i� CO AR K. HARNESS Pen 01 the Nt,rthe,nl Ouarler (NI" ) of the 1111111.(1'1OtWe!ILI (NE I) of Section Twenl) -three (23), Township Sixteen (16) North, Range Thirty (30) Nest, Washington County, Arkansas, also referred to as ai pail of Lot Number 37 in the flet and Sub(lit i,ion of the AV. F. Anderson farm, as designated upon the recorded plat of said Subdivision filed in the records of the (Alice of the Circuit Clerk and EA -Officio Recorder of Washington Count), Arkansas, ,ind being mon_ particuharl) described a, follows, to -wit: Commencing at the Norlhwcsl corner of said Lot Number 37; thence South along the West line of said Lot 37, S0.92 fcci; thence .long the existing fast right of way line o[ :Arkansas Slate I lit,hwa) 265 the following bearings and distances: North NNa 44' 5 Last 197:7 feet; South 221 13' 33" Nest 64.26 feel: South 010 15' (18" I:a,t 40.00 fcci to an existing :Arkansas highway and Trnsportation Department (AI ITU) monument thence continuing along said eviling East right of wax line South 10 Ill' "( West 10.75 lees to a point, said point Icing the Point of Beginning: thence leaving said existing East right 01 wa) line South 01� Its' 31" East 228.1'1 feel to 1 point, said point being on said existing East right of way line of I lighw:gy_b5; thence along said existing Fast right of way line North Itl 47' 3" West 41.03 feet Ihencc North 114 11' 24" West 100.(12 feet; thence North 10 (13' Cast 01.17 feet, more or le,,, to the Point of Beginning and containing 0.06 acre, more on less, TO 1IAVL AND '11.) 1101.D the said lands and Itppurtenanccs thereunto belonging unto the said Grantee and Grantee's auccesors and assigns, fore tcr. And the said (;manlor, hereby covenants that it is lawfully seined of said lands and premises: that the same i, unineumbered, and That the Gnanit,r w ill forever warrant inn] defend the lisle to the said land, against all legal claim, whatever. V\1TNCSS my hand and scat on this ,J eXday of BY: CROSSOVER ASSOCIATES, an Arkansas Limited Partnership Gram nllc Harper, miner Northt(est :Arkansas CapiLd.iw� ACKNO W LEOG M ENT STATE_ UI :ARKANSAS s, COUNTY- 01' WASHINGTON BE IT I21'-N11-6113ERIII), that on This Je) came' before the undersignod, a Nolan) Iuhlic, ttilhin and for Ihr Count) and Slate aforesaid, duo) commissioned and acting, personally ,appeared. Granville l larper to me \‘. LI! known, who sl.ned that he is a l'arinct oI ( ro,so'LI Ansociale, an :Arkansas Limited Partnership . and is dol) authorized in his eapaeit) to execute the foregoing instrument foo and in the name and behalf of said limited partnership, and further slated and acknuwlcdgcd that he had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. NITN[SS np hand and ,e.d on this ND COMMISSION EXI'IRI S: /at �l�Cin�j�lL 95003842 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: 1 Iff '(1i ICR RECORD '95 JAN 30 API 11 98 THAT the City of Fayetteville, Arkansas, a municipal corporation, K. HARNESS v: i;H4(. I sr, CO AR 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, docs hereby grant. bargain, sell and convey onto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land, situate in Washington ( aunty. State of Arkansas, to -wit: li is the purpose of teas conveyance to designate this properly as right of way for Arkansas State Highway 265 (Crossover Road ). This conveyance provides rt ?Hill/MUM right of way width of forty-eight feel as measured from the centerline of said Highway 26.5 !n the east right of way litre. Part of the Northeast Quarter (NE'.4) of the Northeast Quarter (NE/4) of Section Twenty-three (23), Township Sixteen (Ih) North, Range Thirty (30) West, Washington County, Arkansas, also referred to as a part of Lot Number 37 in the Plat and Subdivision of the W. E. Anderson Farm, as designated upon the recorded plat of said Subdivision filed in the records of the Office of thc C ircuit Clerk and Ex -Officio Recorder of Washington ( ounty, Arkansas. and hcing more particularly described as follows. to -wit: Commencing at thc Northwest corner of said Lot Number 37: thence South along the West line of said Lot 37, 89.92 feet; thence along the existing East right of way line of Arkansas State Highway 2(,5 the following bearings and distances: North 88' 44' 52" East 19.87 feet; South 22° 13' 33" East 64.2( feet; South 01.. 15' 08" East 40.(1(1 feet to an existing Arkansas Highway and Transportation Department (AUTO) monument; thence continuing along said existing East right of way line South 10r 03' 28" West 111.75 feet to a point. said point hcing the Point of Beginning; thence leaving said existing East right of way line South 01 19' 31' East 228.19 lee( to a point, said point hcing on said existing East right of way line of Highway 2b5; thence along said existing Fast right of way line North 190 47' 33" West 41.(13 feet ; thence North 04., 11' 24" West 100.02 feet; thence North 10" (13' 28" East 91.17 feet, more or Tess, to the Point of Beginning and containing 0.06 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 the said Grantor, hereby covenants that it is lawfully seized of said lands and premises: that the same is unincumhcrcd, and that Lhc Grantor will forever warrant and defend the tilt to the said lands against all legal claims whatever. WITNESS my hand and seal on this , day of ATTEST: a a Traci Paul, City Clerk BY: i1GlZt CITY OF,FAYETI'EVILLE 1995 Fred llanna, Mayor • • • ACKNOWLEDGMENT STATE OF ARKANSAS SS. (OLNTN OF WASHINGTON BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the ( aunty and State aforesaid, duly commissioned and acting. personally appeared, Fred Hanna and Traci Paul to me well known, who stated that they are the Mavor and City Clerk of the City of Fayetteville. Arkansas a municipal corporation. and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, 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 „-5•2 # day of . 199 3 . Ml' COMMISSION EXPIRES: /3/E-it/e--23-/6-.3o C� 95- (t43-23