HomeMy WebLinkAbout78-95 RESOLUTION•
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RESOLUTION NO 78-95
A RESOLUTION APPROVING A SETTLEMENT AGREEMENT
AND AUTHORIZING A SETTLEMENT AMOUNT OF
$160.000.00 TO MR. RICHARD M. MAYES FOR THE
ACQUISITION OF A RIGHT-OF-WAY ADJACENT TO THF
MAYES PROPERTY AT THE SOUTHWEST CORNER OF
SYCAMORE AND LEVERETT STREETS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby authorizes the Mayor and City Clerk to execute
the Settlement Agreement and approves a settlement amount of $160,000.00 to Mr. Richard M.
Mayes for the acquisition of a right-of-way adjacent to the Mayes property at the southwest
corner of Sycamore and Leverett Streets. A copy of the agreement is attached hereto marked
Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 6th day of June 1995.
APPROVED:
By:
Traci Paul, City Clerk
��f y/
/�L^ /' ki/ I -
red Hanna, Mayor
SETTLEMENT AGREEMENT
This AGREEMENT made and entered into on this /4b4 day of I1v.✓6
1995, by and between the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter referred to as "City", whose address is 113 W. Mountain, Fayetteville,
Arkansas 72701 and Mr, Richard M. Mayes and Evelyn D. Mayes, husband and wife,
hereinafter referred to as 'the Mayes", whose address is 1641 N. Leverett, Fayetteville,
Arkansas 72703:
WITNESSETH:
WHEREAS, the Mayes are the owners of certain lands described in "Exhibit A"
hereinafter referred to as "Tract A', and 'Exhibit B" hereinafter referred to as "Tract B',
attached hereto and made a part hereof as if set forth word for word, and,
WHEREAS, the "City" desires to acquire, in fee simple title, certain portions of
such lands, as described in Exhibit C" and "Exhibit D" attached hereto and made a part
hereof as if set forth word for word; for the purpose of improving and expanding, at a
future date, Sycamore Street and Leverett Avenue in Fayetteville, Arkansas, for public
use; and,
WHEREAS, "Tract A' contains an active business facility and operation,
hereinafter referred to as the "Shop", known as Mayes Auto Service Center, owned and
operated by Richard M. Mayes; and,
WHEREAS, "Tract B", located south of and adjacent to "Tract A", contains an
older residence and detached garage, hereinafter referred to as the "Residence"; and,
WHEREAS, the City acquisition of required right of way along Sycamore Street
will include land on which the "Shop" is located and such acquisition will cause
irreparable damage to said shop, thus requiring complete removal of same; and,
WHEREAS, it is the intention of "the Mayes" to rebuild said shop on the
remainder of Tract A" and 'Tract B", in accordance with the requirements of C-2
zoning as specified for both "Tract A" and Tract B"; and,
WHEREAS the "City" and "the Mayes" have negotiated in good faith over the
past ten years in order to reach an amicable settlement on the acquisition of said right
of way and the relocation of said business improvement; and,
WHEREAS, "the Mayes" have proposed a Settlement, dated October 5, 1994, a
copy of which is included herewith as 'Exhibit E" attached hereto and made a part
hereof as if set forth word for word, with a payment of $160,000.00 by the 'City".
Page 1 of 8
NOW, THEREFORE, the parties agree as follows:
1. The City" agrees to such proposed settlement as set forth in 'Exhibit E"
contingent upon the following conditions:
a. The approval of:
1. The Mayor of the City of Fayetteville
2. The Street Committee of the City of Fayetteville
3. The City Council of the City of Fayetteville
The approvals will be sought by the City Staff and Director of Public Works
during the forth quarter of 1994 and the first half of 1995.
b. The settlement payment indicated above shall be all inclusive and shall
constitute full and complete compensation in the satisfaction of all obligations of the
'City" with regard to the acquisition of said right of way lands, the application for
permits, variances, and other normal development requirements, and anything relating
to the relocation or rebuilding of said Shop including, but not limited to, demolition of
existing building, removal of trees, buildings, site plans, or drainage projects for the
subject Shop relocation.
c. The parties agree that the 'City" will not participate in demolition, removal
of trees, footings or slabs, or engineering work on buildings, site plans, or drainage
projects for the subject Shop relocation.
d. The City" shall, on or before June 30, 1995, pay to the account of Richard
M. Mayes and Evelyn D. Mayes, the amount of $160,000 00 as full compensation and
restitution for the right of way lands and damages associated with the improvements
to such lands. No indebtedness incurred by the "City" shall be interest bearing.
e. The Mayes" shall, on or before June 30, 1995 convey title to the "City' for
such lands as required and described in "Exhibit C' and Exhibit D attached herewith.
f. The City" shall notify "the Mayes", their heirs and/or assigns, at least
eighteen (18) months in advance of any anticipated construction by the "City" to (1)
expand Sycamore Street, or (2) the construction of turn lanes at the subject
intersection, wherein any of the right of way secured or to be secured under this
Settlement Agreement would be used in such construction project. Such notification
shall be made by the "City' when such street improvement is placed in the Five Year
Capital Improvements Project Plan, however, such placement does not warrant that the
plan's priorities shall remain the same in subsequent years.
Page 2 of 8
g. Once notified in writing by the "City", "the Mayes' or the then current
owner, shall have a period of eighteen (18) months to remove all obstruction from the
right of way lands conveyed, or to be conveyed, to the "City" under this Settlement
Agreement.
WITNESS OUR HANDS on the date first above stated.
CITY OF FAYETTEVILLE,
a municipal corporation
BY:
Fred Hanna, Mayor
Traci Paul. City Clerk
Richard M. Mayes
J
Evelyn D. Mayes
Page 3 of 8
(Seal)
Exhibit A"
"TRACT A" Property Description, Book 1029 at Page 593 of the records of the Office
of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
Part of the Northwest Quarter (NW%) of the Northwest Quarter (NWS/a) of Section 9,
Township 16 North, Range 30 West, more particularly described as follows Beginning
at the Northeast corner of said 40 acre tract and running thence South 87 feet; thence
West 180 feet; thence North 87 feet; thence East 180 feet to the Point of Beginning,
containing 15,660 square feet, more or less.
Page 4 of 8
"Exhibit B"
"TRACT B" Property Description, Book 1434 at Page 044 of the records of the Office
of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.
Part of the Northwest Quarter (NW%) of the Northwest Quarter (NW%) of Section 9,
Township 16 North, Range 30 West, described as Beginning at a point 87 feet South
of the Northeast corner of said 40 acre tract and running thence South 63 feet; thence
West 230 feet; thence North 63 feet; thence East 230 feet to the Point of Beginning,
containing 14,190 square feet, more or less.
Page 5 of 8
'Exhibit C"
Right of Way Description - "Tract A"
Part of the Northwest Quarter (NW%a) of the Northwest Quarter (NW%) of Section 9,
Township 16 North, Range 30 West, more particularly described as follows: Beginning
at a point which is West 20 feet and South 87 feet from the Northeast corner of said
40 acre tract; thence West 10 feet: thence North 47 feet; thence West 150 feet; thence
North 30 feet; thence East 160 feet; thence South 77 feet to the Point of Beginning,
containing 5,270 square feet; more or less.
Page 6 of 8
"Exhibit D"
Right of Way Description -'Tract B"
Part of the Northwest Quarter (NW%) of the Northwest Quarter (NWS) of Section 9,
Township 16 North, Range 30 West. more particularly described as follows: Beginning
at a point which is West 20 feet and South 87 feet from the Northeast corner of said
40 acre tract; thence West 10 feet; thence South 63 feet; thence East 10 feet; thence
North 63 feet to the Point of Beginning, containing 630 square feet, more or less.
Page 7 of 8
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PAGE 8OF8
Li. ;- Cil '
amore St : 1 everelt Ave. ROW
Parcel .Nn. 7h5.73949-1190
WARRANTY DEED
( Husband ere. Wit. with Rc nyaishment ut ( urtesv and Dower]
BE 11 KNOWN BY THESE PRESENTS:
THAT Richard M. Mayes and Evelyn D. Mayes, husband and wife,
hereinafter called GRANTOR. for and in consideration of the sum of ten (10.00)
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, situate in
Washington County. State of Arkansas, to -wit:
A part of the Northwest Quarter (NWL) of the Northwest Quarter (NW') of Section 9 in Township 1
Range 30 West of the 5th Principal Mcredian, more particularly described as follows: Beginning
Northeast comer of said 40 acre tract and running South 87 feet; thence West 30 feel; thence North
thence West 150 feet: thence North 40 feet; thence East 180 feet to the Point of Beginning, containing
(X610 square feet). more or less.
rn
(n
6 Norlh,
at a the
47 fed;
).20 acre
The above described land is herein conveyed for the purpose of .Sycamore Street and Levereli Avenue right of
way in the City o)' Fayetteville. Arkansas.
CO
Cr
080038 80J U3113
TO HAVE. AND TO HOLD the said lands and appurtenances thcreimto belonging unto the said Grantee and
Grantee's successors and assigns. forever. And the said Grantor, hereby covenants that 11 is lawfully seized of said lands and
premises: that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against
all legal claims whatever.
And we. the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curiesy and homestead in and to said lands.
WITNESS our hands and seals on this
`r'I•11'laL
Richard M. Mayes Evelyn DI'JS4ayes
day of t`� . 199 '
STATE OF ARKANSAS
COL NTY OF WASHINGTON
ACKNOWLEDGMENT
)
55.
BE TT REMEMBERED, that on this date, hcforc me. a Notary Public within and for said County and State, duly
commissioned and acting. personally appeared Richard M. Mayes and Evelyn D. Mayes husband and wife, to me well known
as the person(s) who executed the foregoing document, and slated That they had executed the same for the consideration and
purposes therein mentioned and set forth.
WITNESS my hand and seal on this ..302'
MY COMMI,SSION EXPIRES.
GS -10/ -Zoe°
day of
.1•
P.
•
aadg
.R('.
WARRANTY DEED
;11.rs',,md and Wd e. myth Rel ngnishment of Cirte sv aid D •u ex)
BE. 1I' KNOWN BY 'THESE PRESENTS:
THAT Richard M. Mayes and Evelyn D. Mayes, husband and wife,
hereinafter called (GRANTOR. for and in consideration of the sum of ten (10.00)
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, situate in
Washington County. State of Arkansas, to -wit:
everel: Ave. ROW
pant: \a. -16S-1194-2-001.
A part of the Northwest Quarter (NW.e) of the Northwest Quarter (NW /s) of Section Q, Township lb North.
Range 30 West, more particularly described as follows: Beginning at a Point which is South 87 feet from the
Northeast corner of said 40 acre tract; thence West 30 feet: thence South 63 feet; thence East 30 feet; (hence
North 63 feet to the Point of Beginning, containing 004 acre (1891) square feet), more or less.
The above described land iv herein ronceyeti for the purpose of Ixverrtt Avenue right of way in the (7tv of
Fayetteville. 4rkan sas.
0110O3a HOd 03114
TO HAVE ANI) TO HOLD tht said ]ands 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 scved of said lands and
premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the tills to the said lands against
all legal claims whatever
And we. the respective Grantors, hereby release and relinquish unto the said Grantee our respective rights of
dower/curiesy and homestead in and tel said lands.
WITNESS our hands and seals on this `� day of
1
i f
CG'% ?l�! %%i24'1e s
Richard M. Mayes
fit
Evelyn D.✓Mayes
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
( OUNTY OF WASHINGTON
BE. IT REMEMBERED, that on this date. before mc. a Notary Public within and for said County and Stale, duly
commissioned and acting. personally appeared Richard 'N. Mayes and Evelyn D, Mayes husband and wife. lo me well known
as the person(s) who executed the foregoing document, and stated that they had executed the same for the consideration and
purposes therein mentioned and scl forth.
WITNESS my hand and sea] on this •gO g day of .,,..p. 1(9 S
MY COMMISSION EXPIRES:
acs o/- e
95023977