HomeMy WebLinkAbout78-95 RESOLUTION• • 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 1 R , kct,, d Ti Vr i_ C1r:1,R� 21-2LN-IL k‘ c4 z y dec �ci (� S RCLL.c� r, •rt r, 'I n U ke: `ti.:.a7 Be ec (K i n ( —1 -xi c-LtG'� /to 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