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HomeMy WebLinkAbout8-98 RESOLUTIONRESOLUTION NO 8-- 9 8 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO SEEK CONDEMNATION FOR CERTAIN LANDS ALONG GREGG AVENUE IN FAYETTEVILLE AND WILKERSON AVENUE IN THE CITY OF JOHNSON, ARKANSAS, FOR THE MUD CREEK BRIDGE IMPROVEMENT AND APPROACHES THERETO; OWNED BY MARJORIE BROOKS AND NANCHAR, INC. (TRACT #1); UNKNOWN OWNERSHIP (TRACT #4); WALTER S. ROBINSON, III AND CAROL VAN SCYOC (TRACT #5); AND THOMAS K. AND CHERYL BRAMLETT (TRACT #9); AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes and directs the city attorney of the City of Fayetteville, Arkansas, to initiate legal action in order to obtain certain lands along Gregg Avenue in Fayetteville and Wilkerson Avenue in the City of Johnson, Arkansas, for the Mud Creek Bridge Improvement and approaches thereto, as described more particularly below: See Exhibit "A" attached hereto and made a part hereof. Section 2. The City Council hereby approves a budget adjustment re-appropiating the project fundmg from 1997 to 1998. A copy of the budget adjustment is attached hereto and made a part hereof z' rLY :f %` :P-AS�SED,,AND APPROVED this 6th day of January , 1998. .:�. APPROVED: • I ♦\ �.- 0 /_... �_- - ,. ATTEST: By: Traci Smith, City Clerk By. Fred Hanna, Mayor • Exhibit "A" Owners and/or Parties in Interest: Sam Mathias and Virginia Mathias; and George Hendrix or the Heirs of George Hendrix Right -of -Way: A part of the North Half (N1/2) of the Northeast Quarter (NE1/4) of Section Twenty-seven (27), Township Seventeen North (T -17-N), Range Thirty West (R -30-W), Washington County, Arkansas and being more particularly described as follows: Commencing at the Northeast corner of said Section 27 and running thence South 2°25'20" West - 835.18 feet; thence North 87°03'29" West - 1508.76 feet to the point of beginning; thence North 87°03'29" West - 69.59 feet to a point on the proposed West right-of-way line of Gregg Avenue; thence running along said right-of-way line, North 40°39'25" East - 43.59 feet; thence North 24°37'26" East - 271.36 feet; thence North 26°44'09" East - 181.33 feet; thence leaving the proposed West right-of-way line of Gregg Avenue and running South 71°51'26" East - 147.32 feet to a point on the proposed East right-of-way line of Gregg Avenue; thence running along the proposed East right-of-way line South 24°20'11" West - 103.43 feet; thence South 10°02'11" West - 104.40 feet; thence South 49°32'43" West - 165.01 feet; thence leaving the proposed East right-of- way line of Gregg Avenue and running South 48°21'31" West - 143.40 feet to the point of beginning, containing 1.47 acres, more or less. Temporary Construction Easement: Part of the North Half (N1/2) of the Northeast Quarter (NE1/4) of Section Twenty-seven (27), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 36.03 feet right of and perpendicular to Centerline Station 11+47.90, said point being on the proposed East right-of-way line of Gregg Avenue; thence along the proposed East right-of- way line of Gregg Avenue to a point 100.00 feet right of and perpendicular to Centerline Station 13+00.00; thence to a point 70.00 feet right of and perpendicular to centerline Station 14+00.00; thence to a point 68.32 feet right of and perpendicular to Centerline Station 14+40.00; thence leaving the proposed East right-of-way line of Gregg Avenue and running to a point 164.36 feet right of and perpendicular to Centerline station 14+11.19; thence to a point 158.63 feet right of and perpendicular to Centerline Station 13+81.85; thence to a point 96.04 feet right of and perpendicular to Centerline Station 12+70.52; thence to a point 106.82 feet right of and perpendicular to Centerline Station 12+62.86; thence to the point of beginning, containing approximately 9,344 square feet or 0.21 acres, more of less. Temporary Construction Easement Part of the Northwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section Twenty-seven (27), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 79.26 feet left of and perpendicular to Centerline Station 12+80.00, said point being on the proposed West right-of-way line of Gregg Avenue; thence leaving the proposed West right- of-way line of Gregg Avenue and running to a point 108.00 feet left of and perpendicular to centerline Station 13+21.00; thence to a point 120.00 feet left of and perpendicular to centerline Station 13+58.00; thence to a point 120.00 feet left of and perpendicular to Centerline Station 14+10.00; thence to a point 80.00 feet left of and perpendicular to Centerline Station 14+55.00, said point being on the proposed West right- of-way line of Gregg Avenue; thence along the proposed West right-of-way line of Gregg Avenue to a point 80.00 feet left of and perpendicular to Centerline Station 13+00.00; thence to the point of beginning, containing approximately 4,804 square feet or 0.11 acres, more or less. Owners and/or Parties in Interest: Tom K. Bramlett and Cheryl L. Bramlett, husband and wife. Right -of -Way: A part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-two (22), Township Seventeen North (T -17-N), Range Thirty West (R -30-W), Washington County, Arkansas and being more particularly described as follows: Commencing at the Southeast corner of said Section 22 and running thence North 2°25'20" East - 404.31 feet; thence North 87°34'30" West - 1217.08 feet to the point of beginning, thence South 13°09'30" East - 79.55 feet; thence South 2°06'17" East - 83.81 feet; thence South 83°40'26" West - 71.81 feet to a point on the proposed West right-of-way line of Gregg Avenue; thence running along the proposed West right-of-way line, North 3°05'45' West - 97.09 feet; thence North 19°22'25" West - 66.61 feet; thence leaving the proposed West right-of-way line of Gregg Avenue and running North 83°07'27" East - 78.08 feet to the point o f beginning, containing approximately 11,891 square feet or 0.27 acres, more or less. Temporary Construction Easement Part of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty -Two (22), Township Seventeen (17) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point 53.79 feet left and perpendicular to Centerline Station 21+90.00, said point being on the proposed West right-of-way line of Gregg Avenue; thence leaving the West right-of-way line o f Gregg Avenue and running to a point 70.00 feet left o f and perpendicular to Centerline Station 21+90.00; thence to a point 72.00 feet left of and perpendicular to Centerline Station 22+32.00; thence to a point 49.95 feet left of and perpendicular to Centerline Station 22+32.00, said point being on the proposed West right- o f-way line of Gregg Avenue; thence along the proposed West right-of-way line of Gregg Avenue to the point of beginning, containing approximately 725 square feet or 0.02 acres, more or less. Owners and/or Parties in Interest: Walter S. Robinson III and Carol E. Van Scyoc Right -of -Way: A part of the North Half (N1/2) of the Northeast Quarter (NE1/4) of Section Twenty-seven (27), and a part of the South Half (S1/2) of the Southeast Quarter (SE1/4) of Section Twenty-two (22), all in Township Seventeen north (T -17-N), Range Thirty West (R -30-W), Washington County, Arkansas and being more particularly described as follows: Commencing at the Northeast corner of said Section 27 and running thence South 2°25'20" West - 421.24 feet; thence North 87°03'29" West - 1232.35 feet to the point of beginning, said point being on the proposed East right-of-way line of Gregg Avenue; thence leaving the proposed East right-of-way line and running North 71°51'26" West - 147.32 feet to a point on the proposed West right-of-way line of Gregg Avenue; thence running along the proposed West right-of-way line, North 26°44'09" East - 157.34 feet; thence North 17°41'10" East - 254.41 feet; thence North 2°16'53" West - 210.01 feet; thence North 3°05'45" West - 5.24 feet; thence leaving the proposed West right-of-way line of Gregg Avenue and running North 83°40'26" East - 71.81 feet to the centerline of Johnson Road as referenced in Warranty Deed record 1396-549; thence running along said centerline of Johnson Road, South 2°06'17" East - 246.58 feet; thence South 1°28'22" East - 281.25 feet to a point on the proposed East right-of-way line of Gregg Avenue; thence leaving the centerline of Johnson Road and running along the proposed East right-of-way line of Gregg Avenue, South 88°31'38" West - 31.28 feet; thence South 24°20'11" West - 135.45 feet to the point of beginning, containing 1.60 acres, more or less. Also commencing at the Southeast corner of said Section 22 and running thence North 2°25'20" East - 404.31 feet' thence North 87°34'40" West - 1217.08 feet to the point of beginning, said point being on the centerline of Johnson Road as referenced in Warranty Deed record 1396-549; thence leaving the centerline of Johnson Road and running South 83°07'27" West - 78.08 feet to a point on the proposed West right-of-way line o f Gregg Avenue; thence running along the proposed West right-of-way line, North 19°22'25" West - 54.56 feet; thence North 28°55'54" West - 119.01 feet; thence North 18°24'04" West - 201.00 feet; thence leaving the proposed West right-of-way line of Gregg Avenue and running North 65°53'18" East - 47.96 feet to the centerline of Johnson Road; thence running along the centerline of Johnson Road, South 18°44'50" East - 36.59 feet; thence South 23°10'50" East - 123.35 feet; thence South 31°10'50" East - 149.22 feet; thence South 26°58'50" East - 66.79 feet; thence South 13°09'30" East - 21.94 feet to the point of beginning, containing 0.55 acres, more or less. Resulting in a total combined area of the property described above containing 2.15 acres, more or less. Owners and/or Parties in Interest: Marjorie Lee Steele Brooks and Nanchar, Inc., an Arkansas Corporation Right -of -Way' A part of the West Half (W1/2) of the Northeast Quarter (NE1/4) of Section Twenty-seven (27), Township Seventeen North (T -17-N), Range Thirty West (R -30-W), Washington County, Arkansas being more particularly described as follows: Commencing at the Northeast corner of said Section 27 and running thence South 2°25'20" West - 835.18 feet; thence North 87°03'29" West - 1424.59 feet to the point o f beginning, said point being on the proposed East ✓ ight-of-way line of Gregg Avenue; thence running along the proposed East right-of-way line, South 13°03'47" West - 20.30 feet; thence South 16°32'02" West - 225.44 feet; thence South 2°24'45" West - 275.23 feet; thence South 3°16'50" West - 300.17 feet; thence South 9°41'15" West - 202.13 feet; thence leaving the proposed East right-of-way line of Gregg Avenue and running North 88°37'43" West - 50.00 feet to a point on the existing West right-of-way line of Gregg Avenue also being the East right-of-way line of the Arkansas and Missouri Railroad; thence running along the existing West right-of-way line of Gregg Avenue also being the East right-of-way line of the Arkansas and Missouri Railroad, North 1°34'30" East - 1016.88 feet; thence leaving the existing West right-of-way line of Gregg Avenue also being the East right-of-way line of the Arkansas and Missouri Railroad, South 87°03'29" East - 153.76 feet to the point of beginning, containing 2.11 acres, more or less. City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Division: Program: Sales Tax Capital Date Requested 12/31/97 Adjustment k Project or Item Requested: Reappropriation of unencumbered project funding for the Mud Creek/Gregg Avenue Bridge Project from 1997 to 1998. Project or Item Deleted: None. This project was funded as part of the 1997 Amended Budget. Justification of this increase: The project is scheduled for bid by the Arkansas Highway and Transportation Department in January and is a cost share project. Justification of this Decrease: Sufficient cash & investments exist to fund this request. Account Name Bridge & Drainage Imp. Increase Expen e (Decrease Revenue) Amount 138,269 Account Number 4470 9470 5817 00 Project Number 93078 _ , y Decrease Expense (Increase Revenue) Account Name -'x Use of Fund Balance Amount " Account Number Project Number • 138,269 `4470" 0947 "'� 4999 99' i` p Approval Signatures Budget Office Use Only 7 -Requested By udget oordmator�..'. �* ` w� :.Date Jr.,. :.. Departm s Admin. S Mayor t Director H:\BUDGETSTEVED\MUDC RKBA. W K4 Dat Posted to General Ledger Posted to Project Accounting Entered in Category Log