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Home My WebLink About106-99 RESOLUTION• • • RESOLUTION NO 106-99 A RESOLUTION AUTHORIZING THE CONVEYANCE OF 186 SQUARE FEET OUTLINED BY THE FOOTPRINT OF THE WASHINGTON COUNTY DETENTION CENTER LOCATED WEST OF MILL AVE., TO WASHINGTON COUNTY, ARKANSAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. That the City Council hereby authorizes the conveyance of 186 square feet outlined by the footprint of the Washington County Detention Center located west of Mill Ave., to Washington County, Arkansas. A copy of the quit claim deed is attached hereto marked Exhibit "A" and is made a part hereof. PASSED AND APPROVED thislt day of August , 1999. APPROVED/ide� By Fred Hanna, Mayor • • • X AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW • TAF,gI WOW FORM JUL 27 1999 CITY OF FAYETTEVILLE For the Fayetteville City Council meetM& %€gV49. 1999 FROM: id Connell _g./ PublicWorks ACTION REQUIRED: Approval of g y ty convey 186 square feet of City property to Washington County Arkansas as outlined by the footprint of Washington County Detention bwiSlomeg11 e ,7 bepa[tnt aArdi authonnn Ma or and Ci Clerk to Center on City owned property West of Mill Ave. 4 pez. these e COST TO CITY: Cost this Request Account Number Anlect Number ategory/Prolect Budget Category/Project Name unds Used To Date Program Name emanung Balance Fund BUDGET REVIEW- budget EVIEW Budgeted Item Budget Adjustment Attached Budget Coordinator Adnnmstranve Services Director CONTRACT/GRANT/LEASE REVIEW: 15 ��JJ ate,23-97 City Attorney bate vCLQ -a3.99 Purchasing Officer Date GRANTING AGENCY: Internal Auditor Date ADA Coordinator bate STAFF RECOMMENDATION: A part of Washington County Detention Center was built over a small portion (186 ft2) of City property on Mill Ave. Staff recommends City to convey the building footprint by Quit Claim Deed to clear any cloud on the land tide to the Detention Center. A second option would be to sell (at $1.00/ft2) the 4,708 ft2 of excess land , West of Mill Ave. ROW, to the county. • II Page 2 STAFF REVIEW FORM Description Convey 186 ft2 of Mill Ave. land to Washington County Meeting Date Aug. 17. 1999 Comments: Reference Comments• Budget Coordinator Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE DATE: July 22, 1999 TO: Fred Hanna, Mayor Jerry Rose, City Attorney THRU: Charles Venable, Public Works Director Jim Beavers, City Engineer FROM: Ed Connell, Land Agent a RE: Washington County Detention Center Overlap onto City Property Quit Claim Deed Resolution A letter from George Butler, dated June 30, 1999, indicated that the Detention Center footprint had infringed upon property owned by the City. The subject property was purchased by the City as right of way for the extension of Mill Avenue from Center Street to Spring Street. It is the desire of the County to rectify the infringement by asking the city to Quit Claim the area of infringement to the county. We have looked into the situation with the help of Sam Hampton of Milholland Engineering Co. Milholland has indicated by survey that the Detention Center overlap is an area of approximately 186 square feet ("7.10'X 26.23') located in the northwest corner of a tract of land (67.5' X 150') acquired by the City in 1983 from the Estate of Harry Smith. The city paid $10,000 for an area of 10,125 square feet (0.232 acre) in 1983. When the City built Mill Avenue from Center to Spring, only the East 34.5-37.5 feet of this property was used for roadway right of way. The remainder, as shown on the attached diagram, is open roadside area, not used for any particular purpose. As noted, approximately 4,708 sq. ft. of this property is outside the road right of way , all on the West side. The City's option is two fold, namely: (1) convey the 186 ft.2 to the county either by Warranty Deed or Quit Claim or (2) convey the unused road portion (4,708 ft') to the County either by Warranty Deed or Quit Claim. If the latter approach is to be utilized, the City should retain a utility easement across the area for water or sewer. The next question is does the city require payment for the lands in either case? The value of $1.00/ft' is still a reasonable price, even though the land cannot be used for anything else. It is the author's opinion that the City convey (via Quit Claim Deed) the building footprint that is infringing (186 sq. ft.) without payment requirement. If there are any questions regarding this situation, please give me a call at 444-3415 or just 415. GEORGE E. BUTLER. JR. County Attorney June 30, 1999 Mr. Jerry Rose City Attorney 113 W. Mountain Fayetteville, AR 72701 WASHINGTON COUNTY STATE OF ARKANSAS 4252 Frontage Road Fayetteville. AR 72703 Telephone 444-1789 JUL A 2 1999 RE' Juvenile Detention Center Encroachment; Mill Street Dear Jerry: In regards to the above matter, we have been doing some surveying behind the Sheriff's office. As you may recall, the City put in Mill Street, which runs behind the Sheriffs Office and the Juvenile Detention Center. Our surveyor has discovered that there is still a strip of land, I believe outside the City's right-of- way, that is encroached upon by the Juvenile Detention Center. It has been suggested that we get a quit claim deed from the City for this property to clear this up for future reference. Enclosed you will find a copy of the su Please feel free to call me or Mel Milholland)or Sam Hampton. Sinc II C George E. Butler, Jr. Encl: as stated cc: Jerry Hunton, County Judge Milholland Company GEE:ja RECEI 'Eo JUL 0 2 1999 CRY OF FAYETTEVILLE MAYOR'S OFFICE A/OsxrR less) PN sol Ila 47u. V 14' 3111iIQu.$ U CO. 8 0 < r N 50' ON '0 rP c u 2 A D 3nN3/w 111H 50.?0 S 89'5611' '56'11' E 1.00' VASNINGTON CO. CIV. BK. 82, PG. 907-808 OWNER UNKNOWN PER COURTHOUSE S 89'5611' V c n n N O n z r n n 11 S c O W O n 'I • 46.31' 130.37 1 Detention Center Building footprint overlap onto City property (186 sq.ft.) This area is outside Mill St. 50 ft.R/W va 1 s V.. /it roperty :yr 7/jj,L?eed°'091, Page 480 R/W, Mill St 2 °OW 67.5 Title: Date: 07-12-1999 Scale. 1 inch = 30 feet File: DET-OVLP DES Tract 1: 0.232 Acres Tract 2: 0.108 Acres Tract 3: 0.004 Acres 001=N0.OW 150 002=590.0E 67.5 003=S0.0E 150 004=N90.0W 67.5 005=@2 006=/n90.0000E 32.80 10125 Sq Feet 940.6 Sq Meters: No significant closure error.: Perimeter = 435 feet 4707 Sq Feet: 437.3 Sq Meters: No significant closure error.: Perimeter = 363 feet 186 Sq Feet 17 2 Sq Meters: No significant closure error.: Perimeter = 67 feet 007=s90.0000W 32.80 008=S0.0E 150 009-r90.00e 29.96 010n01.0505e150.03 011=@2 Detention Center Bldg. 012=/n90.0e 7.10 013=s90.0W 7.10 014=500.0E 26.23 015=n90.0e 7.05 016=n00.0633e 26.23 • • • Detention Center Budding Footprint Overlap onto City Property: Overlap Description: Beginning at a point which is 340 0 feet East and 374.07 feet North of the Southwest corner of the Northwest Quarter of Section Fifteen (15), Township Sixteen (16) North, Range Thirty (30) West of the Fifth Principal Meridian; thence South 26.23 feet; thence East 7.05 feet; thence North 00° 06' 33" East 26.23 feet; thence West 7.10 feet to the Point of Beginning and containing 186 square feet, more or less. Property Description of City Property West of Mill St. ROW: Beginning at a point which is three hundred forty (340.0) feet East and two hundred twenty-four and 7/100 (224.07) feet North of the Southwest corner of the Northwest Quarter (NW114) of Section Fifteen (15), Township Sixteen (16), Range Thirty (30) West: thence North 150 0 feet thence East 32.80 feet; thence South 1° 05' 05" West 150.03 feet; thence West 29.96 feet to the Point of Beginning and containing 4,707 square feet (0.108 acre), more or less. • Mill Street Property QUITCLAIM DEED MUNICIPAL CORPORATION BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, 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, does hereby grant, sell and quitclaim unto Washington County, Arkansas, hereinafter called GRANTEE, and unto Grantee's successors and assigns, all of Grantor's right, title and interest in and to the following described lands situated in the County of Washington, State of Arkansas, to -wit: EXHIBIT A A part of the Southwest Quarter (SW1/4) of the Northwest Quarter (NW1/4) of Section Fifteen (15), Township Sixteen (16) North, Range Thirty (30) West of the Fifth Principal Meridian, being more particularly described as follows, to -wit: Beginning at a point which is 340 feet East and 374.07 feet North of the Southwest corner of the Northwest Quarter (NW1/4) of said Section 15; thence running South 26.23 feet; thence East 7.05 feet; thence North 00° 06' 33" East 26.23 feet; thence West 7.10 feet to the Point of Beginning, containing 186 square feet, more or less, the intention being to convey the footprint of the Washington County Detention Center as located on Parcel No 765-12709-000. TO HAVE AND TO HOLD the same unto the saki Grantee and unto Grantee's successors and assigns forever. WITNESS the execution hereof on this 17=61 day of Sk CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation BY: ATTEST: /i4 - / 4 / eather Woodruff, City Clerk 1999. 11411" --- Fred Hanna, Mayor (Seal) ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Fred Hanna and Heather Woodruff, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor 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 hang Shd Seo! an thi§ I11n day of I" h4oje,1999. nimuw MY COMMISSION EXPIR • SSA L. J Aie,p`*?� 'NOTARY N i7- l- 2.42001 �r r PUBLIC n MY COMMISSION EXPIRES IL Y 01, 2009 Notary Public • A FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Ed Connell, Engineering From: Heather Woodruff, City Clerk Date: August 23, 1999 Attached is a copy of the resolution authorizing the conveyance of 186 square feet of property to the Washington County Detention Center. The original will be microfilmed and filed with the City Clerk. cc. Clyde Randall, Engineering John Gaddard, Data Processing Tony Webb, Planning Quay,:.,. c.ae, Stall Aged - OU5I LOJ- O -V.