HomeMy WebLinkAbout57-95 RESOLUTIONRESOLUTION NO. 57-95 A RESOLUTION AUTHORIZING THE MAYOR ANI) CITY CLERK 'FO EXECUTE A CON TRACT TO SELL. A WARRAN'T'Y DEED, AND TEMPORARY CONSTRUCTION EASEMENT FOR THE ARKANSAS STATE HIGHWAY COMMISSION TO CONVEY AND/OR LSE OF CERTAIN CITY PROPER'T'IES FOR THE EXTENSION OF RAZORBACK ROAD FROM HIGHWAY 71 TO 15TH STREET UNDER AHTD JOB NO. 40039. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby approves and authorizes the Mayor and City Clerk to execute a Contract to Sell, Warranty Decd. and Temporary Construction Easement for the Arkansas State Highway Commission to convey and/or use of certain city properties for the extension of Razorback Road from Highway 71 to 15th Street under AHTD Job No. 40039. A copy of the above mentioned items are attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 18th day et April 1995. APPROVED: By. f•LL �'k ,L t6Zo' red Hanna, Mayor Traci Paul, City Clerk JOB NO. 40039 TRACT NO. 12E TEMPORARY CONSTRUCTION EASEMENT KNOW AL1. MEN BY THESE PRESENTS: THAT the City of Fayetteville, for and in consideration of Two Hundred and No/100 Dollars ($200.00), credit against Grantor's cost on the subject Job No. 40039, and other valuable considerations, credit in hand issued by the Arkansas State Highway Commission, it successors and assigns an exclusive temporary right of way and temporary easement for the sole purpose necessary for Highway construction. together with free ingress and egress. to, across, through and over the lands shown on the Right of Way Plans for Job No. 40039, and designated as Tract No. I2E situated in the County of Washington, State of Arkansas, together with the rights, easements and privileges in or to said lands which may he required for the full enjoyment of the rights herein granted. This temporary easement as conditioned above shall terminate when the above subject job has been completed by the contractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. WITNESS our signatures on this /21/, day of App,/ , 1995. CITY OF FAYETTEVILLE, ARKANSAS. a municipal corporation BY: ATTEST: sani. 9.2a1) Traci Paul, City Clerk ifri44"-V Fred Hanna, Mayor (Seal) ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, personally appeared, Fred Hanna and Iraci Paul to me well known. who stated that they are the Mayor and City Clerk of the City of Fayetteville Arkansas a municipal corporation, and arc duly authorized in their respective capacities to execute the foregoing instrument for and m 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 i8 ffi day of /4 tot • 1995. 043‘k ```st3 k,Ltroyf��'i MY COMMISSION EXPIRESiT f ° F+2 1::„. Notary Public �� /c2ood3 0OTARbfol /e( \"J • ,1 > _� y\ip°'ayu�i.� 1 W O y✓�y �(1y!=r ,\ of n y a 51� 1 • \ r G3 vv n\ • e • 4.0 0 AN. �uAp° 29'09. 9nS Id *3AL"S I� 0:1441 a 1.44 •A. 01 . I 141 •j0 {' mr 41 11rx.. ."s' f24cl .44 wiiro .ttb R+ Shy *,A.A' • l s'o —ffi FEF S�id4 Ata$ a is/web° VS JJ 0177"br,�: ;f—1 AM ta'^t1 a1 r y\ N1 1 co - It 26=bS 7d \?AUKS UE NEl 0 I • • t6'ZZ as .d 44 2 rv� ?_o;. Pian- Tractl a •1 �r Total Area: 20.00 ±Ac To Acrt:re: ?1Z p,3} 3Ac X1;-1% - Residual: /9, b7 *Ac f I tilk--1 T.C.E 1 Scale: Job 1: 14 4 J JOB NAME llighway 71 - 15th Street v " UJOB 40039 (Fayetteville) TRACT 12 FAP SPI:; : -9''' CONTRACT TO SELL REAL ESTATE FOR IIIGI-IWAY PURPOSES 113 1,1est 'llaun:..11n Street. Grantor City cf Faye vilie Address ::avettev=.::e, Arkansas 1/12711,1 Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned does hereby give and grant to the Arkansas State highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following described real estate. save and except the oil and gas only therein and thereunder, situated in the County of Washington, State of Arkansas, to wit: LEGAL DESCRIPTION Part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Northwest Corner of the Northwest Quarter of the Northeast Quarter of Section 29; thence South 02° 31' 05" East along the \Vest line thereof a distance of 1288.99 feet to the Southwest Corner of the Northwest Quarter of the Northeast Quarter of Section 29; thence South 86° 37' 38" East along the South line thereof a distance of 38.16 feet to a point on the Southeasterly existing right of way hne of State highway 265; thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 447.62 feet a distance of 119.57 feet to a point; thence North 34' 26 32" East along said existing right of way line a distance of 277.55 feet to a point; thence in a Northeasterly direction along said existing right of way line on a curve to the left having a radius of 1081.74 feet a distance of 233.59 feet for the point of beginning; thence continue in a Northerly direction along the Easterly existing right of way line of State Highway 265 on a curve to the left having a radius of 1081.74 feet a distance of 89.52 feet to a point. thence North 17° 19' 40" East along said existing right of way line a distance of 385.45 feet to a point, thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 298.75 feet a distance of 137.29 feet to a point on the Easterly proposed right of way line of Relocated State Highway 265; thence South 21° 56' 30" West along said proposed right of way line a distance of 45.16 feet to a point, thence South 20' 28' 50" West along said proposed right of way line a distance of 97.90 to a point: thence South 18° 58' 50" West along said proposed right of way line a distance of 48.95 feet to a point; thence South 17' 54' 15" West along said proposed right of way line a distance of 56.42 feet to a point thence South 170 19' 40" West along said proposed nght of way line a distance of 92 37 feet to a point; thence South 08' 47' 50" West along said proposed right of way line a distance of 101.12 feet to a point; thence South 17° 19' 40' West along said proposed right of way line a distance of 77.48 feet to a point, thence South 26° 19' 33" West along said proposed right of way line a distance of 83 72 feet to a point, thence North 87` 23' 09" West along said proposed right of way lint a distance of 26.48 feet to the point of beginning and containing 0.33 acre more or less. LS -11 9/21/94 PREAUDITED AND ACCEPTED: Property Manager to Negotiator By Date • • APIJRAISED RETUNED AMo..NT WILL GIVE AC.JAL D:PROtiE EN S SALVAGE BY GRANTOR Cr BOND POSSESSION OF VALLT REQUIRED INPRO`'E.\IENTS NCI y -L Grantor(s) agrees that the items checked far removal for salvage will be remcved on or before 30 days "after closing and expressly waives all claims for damage, injury .,r loss en account of such ramoval by him, or removal after this date by the Arkansas State Highway Commission, dae to failure of Grantor(s) to complete removal by the desig- nated date. *Fencin tc be rflc.at,ci .rt -d cw:Art-3C contract. TOTAL t?Y, Cid4Y a removed under highway 4PRATSED VALUE of Real Estate Including Damages tc Remainder $ 9,003.80 LESS SALVAGE VALLE - IMPROVEMENTS RETAINrD $ \F.r RUM:ENT DUE credi`" s ).CCU. The Grantor(s) agrees to put up bond at the time of closing of this transaction for the removal of improvements retained, in the accent cf $ -0- Grantcr(s) further agrees neither to sell nor encumber the said real estate during the term of the Contract to Sell. In the event that any buildings, fixtures, appurte- nances, or other improvements are to pass to and become the property of the Commission :n connection wit` the real property herein covered, Grantor(s) agrees to keep the same .n good condition without waste, damage or destruction. Grantor(s) also agrees to allow the Commission permission tc enter upon that part of the remaining property necessary for the sole purpose cf removing any improvements accuired by the Commission, which lies ';utside the right of way, and not retair.id by the Granter, or for the removal of founda- tions of improvements which are retained. The Commission shall have the irrevocable right to exercise the "Contract to Se:'." at any time within (90) days from date; and it is agreed that :f, within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell", including the right to purchase the said land, the Grantor(s) will sign and execute a :warranty Deed when presented by the Commission and receive*payment of the stated "Net Payment Due" from the saic Commission, less any amount that may be found due ane payable to any mortgagee. Unless stated to the contrary herein the conveyance snail include buildings, improvements, and appurtenances to the land described. I+- _s expressly understood that the said Commission shall not be obligated further unless stated herein to wit: t is .:nderstood and agreed that closing costs will not accure to the Grantors) as the Grantee's Attorney w:11 prepare the necessary documents for closing and toe Grantee will pay the cost of recording all instruments conveying title to the Ax kr.sas State Highway Commission. * "Credit" against Grantor cost on subject Job No. 40039. Fencing - Cost tc Cure Grantor(s) agrees that the items checked far removal for salvage will be remcved on or before 30 days "after closing and expressly waives all claims for damage, injury .,r loss en account of such ramoval by him, or removal after this date by the Arkansas State Highway Commission, dae to failure of Grantor(s) to complete removal by the desig- nated date. *Fencin tc be rflc.at,ci .rt -d cw:Art-3C contract. TOTAL t?Y, Cid4Y a removed under highway 4PRATSED VALUE of Real Estate Including Damages tc Remainder $ 9,003.80 LESS SALVAGE VALLE - IMPROVEMENTS RETAINrD $ \F.r RUM:ENT DUE credi`" s ).CCU. The Grantor(s) agrees to put up bond at the time of closing of this transaction for the removal of improvements retained, in the accent cf $ -0- Grantcr(s) further agrees neither to sell nor encumber the said real estate during the term of the Contract to Sell. In the event that any buildings, fixtures, appurte- nances, or other improvements are to pass to and become the property of the Commission :n connection wit` the real property herein covered, Grantor(s) agrees to keep the same .n good condition without waste, damage or destruction. Grantor(s) also agrees to allow the Commission permission tc enter upon that part of the remaining property necessary for the sole purpose cf removing any improvements accuired by the Commission, which lies ';utside the right of way, and not retair.id by the Granter, or for the removal of founda- tions of improvements which are retained. The Commission shall have the irrevocable right to exercise the "Contract to Se:'." at any time within (90) days from date; and it is agreed that :f, within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell", including the right to purchase the said land, the Grantor(s) will sign and execute a :warranty Deed when presented by the Commission and receive*payment of the stated "Net Payment Due" from the saic Commission, less any amount that may be found due ane payable to any mortgagee. Unless stated to the contrary herein the conveyance snail include buildings, improvements, and appurtenances to the land described. I+- _s expressly understood that the said Commission shall not be obligated further unless stated herein to wit: t is .:nderstood and agreed that closing costs will not accure to the Grantors) as the Grantee's Attorney w:11 prepare the necessary documents for closing and toe Grantee will pay the cost of recording all instruments conveying title to the Ax kr.sas State Highway Commission. * "Credit" against Grantor cost on subject Job No. 40039. • R/W 3/0/92 No person lawfully occupying real property shall be required to move from a dwelling, business or farm operation without 30 days written notice from the date of payment of the consideration set forth herein. The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the copy_ y veyance ,W in the form of credit to the Grantor against Grantor's cost 721/ of this Job No. 40039 Gated this /S t. day of l3pr, l ity f F'e etteville, Arkansas ature Sig Fred Hanna, Mayor Attest: 7/726(1/ Signature Traci Paul, City Clerk STATE OF COUNTY 19 SCS . Signature SS# Signature SS# ACKNOWLEDGMENT ) SS BE IT REMEMBERED, that on this day came before the under- signed, a Notary Public, within and for the County aforesaid, duly commissioned and acting, personally appeared Fred Hanna and Traci • Paul, who stated they are the Mayor and City- Clerk of the City of Fayetteville , Arkansas, a municipal corporation, to me well known as the Grantor(s) in the foregoing Contract to have Sell and State that they I executed the same for the considera- tion and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public /874A day of f , 1993- . MY COMMISSION EXPIRES: Piatcch l/ Oro— AVe.:614.(. NO Y PUBLIC •.' 0MM mmE+.l+��ii NOTA,?y e --C STA F: Co- JOB NO. 40039 TRACT NO. 12 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT, City of Fayetteville, Arkansas for and in consideration of the sum of NINE THOUSAND AND NO/100 dollars ($9,000.00), and other good and valuable consideration, cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Arkansas State Highway Commission and unto its successors and assigns forever the following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, lying and being situated in the County of Washington, State of Arkansas, to -wit. Part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Northwest Corner of the Northwest Quarter of the Northeast Quarter of Section 29; thence South 02° 31' 05" East along the West lme thereof a distance of 1288.99 feet to the Southwest Corner of the Northwest Quarter of the Northeast Quarter of Section 29; thence South 86° 37' 38" East along the South line thereof a distance of 38.16 feet to a point on the Southeasterly existing right of way line of State Highway 265; thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 447.62 feet a distance of 119.57 feet to a point; thence North 34° 26' 32" East along said existing right of way line a distance of 277.55 feet to a point; thence in a Northeasterly direction along said existing right of way line on a curve to the left having a radius of 1081.74 feet a distance of 233.59 feet for the point of beginning; thence continue in a Northerly direction along the Easterly existing right of way line of State Highway 265 on a curve to the left having a radius of 1081.74 feet a distance of 89.52 feet to a point; thence North 17° 19' 40" East along said existing right of way line a distance of 385.45 feet to a point; thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 298.75 feet a distance of 137.29 feet to a point on the Easterly proposed right of way line of Relocated State Highway 265; thence South 21° 56' 30" West along said proposed right of way line a distance of 45.16 feet to a point; thence South 20° 28' 50" West along said proposed nght of way line a distance of 97.90 to a point; thence South 18° 58' 50" West along said proposed right of way line a distance of 48.95 feet to a point; thence South 17° 54' 15" West along said proposed right of way line a distance of 56.42 feet to a point; thence Instrunent prepared under the direction of the Legal Division Arkansas State Hiway & Transportation Dept. Past Office Box 2261 Little Rock, Arkansas 72203 BY* 44uJctey 9 , Vy-entits- • • South 17° 19' 40" West along said proposed nght of way line a distance of 92.37 feet to a point; thence South 08° 47' 50" West along said proposed right of way line a distance of 101.12 feet to a point; thence South 17° 19' 40" West along said proposed right of way line a distance of 77.48 feet to a point; thence South 26' 19' 33" West along said proposed right of way line a distance of 83.72 feet to a pomt, thence North 87° 23' 09" West along said proposed right of way line a distance of 26.48 feet to the point of beginning and containing 0.33 acre more or less TO HAVE AND TO HOLD the same unto said Arkansas State Highway Commission and unto its successors and assigns forever. And the City of Fayetteville hereby covenants with the said Arkansas State Highway Commission that the City of Fayetteville will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. IN WITNESS WHEREOF, the City of Fayetteville, Arkansas as authorized Resolution or by Ordinance No. 57- q5 adopted on Ahle ll l 4E5 , 19q5, has caused these presents to be signed by its Mayor, attested by its City Clerk and its corporate seal affixed, on this l sr day of , U� 19 q5 . ATTEST: City Clerk • ACKNOWLEDGMENT STATE OF )SS COUNTY OF On this , ST day of C 'Jf'J , 1995, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared the within named Fred Hanna and Traci Paul, and being the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well personally known, who state that they were the Mayor and City Clerk of said City of Fayetteville, Arkansas, a Municipal Corporation, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said Municipal Corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of N` , 1995. My Commission Expires: • 'r\_ _AL" \z`-14 NOTARY PUBLIC