HomeMy WebLinkAbout29-99 RESOLUTIONRESOLUTION NO. 29-99
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A WARRANTY DEED CONVEYING
CITY -OWNED PROPERTY TO THE ARKANSAS STATE
HIGHWAY COMMISSION AS RIGHT-OF-WAY ON THE
EXPANSION OF ARKANSAS STATE HIGHWAY 265.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS•
Section 1 That the City Council hereby authorizes the Mayor and City Clerk to execute
a warranty deed conveying city -owned property, part of Fire Station No. 5 and part of the former
Caudle property, located on Crossover Road, to the Arkansas State Highway Commission as right-
of-way on the expansion of Arkansas State Highway 265. A copy of the warranty deed is attached
hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this JCL day of February , 1999.
`ri.FL APPROVE //
By.
red Hanna, Mayor
By. enJ Jd
Heather Woodruff, City Clerk
(4z7) Pr. 74 •OCon -coo
(444) PPr. 76S• /4129r -coo
r iLLU r:'i\ 1‘11C1,3
'99 FEET 17 PR 12 02
WARRANJYSDEED
MUNICIPAL
KNOW ALL MEN BY THESE PRESENTS:
JOB NO. 04999
TRACT NO. 27,44
THAT, the City of Fayetteville, Arkansas, for and in consideration of the
sum of TEN AND NO/100 DOLLARS ($10.00), 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, Tying and being situated in the County of Washington, State of Arkansas,
to -wit:
TRACT 27:
Part of the West Half of the Southeast Quarter of Section 14, Township 16 North,
Range 30 West, Washington County, Arkansas, more particularly described as
follows:
Starting at the Northeast Corner of the Southeast Quarter of the Southeast Quarter
of Section 14; thence South 85° 40' 22" West along the North line thereof a
distance of 1322 95 feet to the Northeast Corner of the Southwest Quarter of the
Southeast Quarter of Section 14 for the point of beginning; thence South 04° 19'
02" East along the East line of the Southwest Quarter of the Southeast Quarter of
Section 14 a distance of 38.69 feet to a point; thence South 85° 17' 40" West a
distance of 102 13 feet to a point on the Westerly proposed right of way line of
Arkansas State Highway 265; thence North 03° 02' 00" West along said proposed
right of way line a distance of 228.50 feet to a point; thence North 01° 09' 30'
West along said proposed right of way line a distance of 67.04 feet to a point,
thence North 85° 17' 40" East a distance of 93.33 feet to a point on the East line
of the Northwest Quarter of the Southeast Quarter of Section 14; thence South 04°
19' 00" East along said East line a distance of 256.64 feet to the point of
beginning and containing 0.67 acre more or Tess.
Land description continued on Page 2
Instrument prepared under the
direction of the Legal Division
Arkansas State Highway & Transportation Dept.
Post Office Box 2261
Little R.ck, Arkansas 72203
BY•
99014845
J
TRACT 44:
Part of Lot 7, Block 3 of Eastwood Subdivision to the City of Fayetteville, also
being part of the Northeast Quarter of the Southeast Quarter of Section 11,
Township 16 North, Range 30 West, Washington County, Arkansas, more
particularly described as follows:
Starting at the Southwest Corner of Lot 7, Block 3 of Eastwood Subdivision also
being the Southwest Confer of the Northeast Quarter of the Southeast Quarter of
Section 11; thence North 85° 29' 12" East along the South line thereof a distance
of 159.89 feet to a point on the Northerly proposed right of way line of Arkansas
State Highway 265 for the point of beginning; thence North 29° 55' 20" East along
the Northerly proposed right of way line of Arkansas State Highway 265 a
distance of 107.36 feet to a point; thence North 21° 59' 38" East along said
proposed right of way line a distance of 81.36 feet to a point on the North line of
Lot 7, Block 3 of Eastwood Subdivision; thence North 85° 11' 39" East along said
North line a distance of 34.15 feet to a point on the Westerly existing right of way
line of Arkansas State Highway 265; thence South 21° 33' 58" West along said
existing right of way line a distance of 179.84 feet to a point on the South line of
Lot 7, Block 3 of Eastwood Subdivision also being the South line of the Northeast
Quarter of the Southeast Quarter of Section 11; thence South 85° 29' 12" West
along said South line a distance of 52.11 feet to the point of beginning and
containing 6,352 square feet more or less.
TO HAVE AND TO HOLD the same unto the said Arkansas State
Highway Commission and unto its successors and assigns forever.
And the City of Fayetteville, Arkansas, hereby covenants with the said
Arkansas State Highway Commission that the City 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
-119-99
by Resolution dated fire , /( , 1999, has caused these presents to be signed
by its Mayor, attested by its City Clerk and its corporate seal affixed, on this
(7 day of ?e'e yrr .€.f , 1999.
ATTEST:
74-1<:4Aal
(Heather Woodruff, City CI
BY:
Fred Janna, Mayor
(;&��1 ;�
r'. ,
•'r
�JJ•\•
\s' ` ' s .
4713A":1
M
99014846
•
ACKNOWLEDGMENT
STATE OF
) ss
COUNTY OF
On this /72-4 day of /=n,ealae/ , 1999, before me, a Notary
Public, duly commissioned, qualified and acting, within and for said County and
State, appeared the within named Fred Hanna and Heather Woodruff, and being
the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a
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.
TN TESTIMONY WHEREOF, I have hereunto set my hand and seal as
such Notary Public on this /7 day of �� w7 , 1999.
MY COMMISSION EXPIRES:
)0.1-70/-'a2,
NOTARY PUBLIC
01100
L'1 4
:
-
•
�,. �4/tel0t/77
3'
99014847
JOB NO. 004999
TRACT NO. 44E
TEMPOARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT The City of Fayetteville. Arkansas for and in consideration of No dollars
and No/100, (0), and other valuable considerations, to cash in hand paid by the
Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do
hereby give and grant to the Arkansas State Highway Commission, its successors and
assigns, an exclusive temporary right of way and temporary easement for the sole
purpose necessary for highway construction, Arkansas State Highway Commission Job
No. 004999, together with free ingress and egress, to, across, through and over the
following lands situated in the County of Washington, State of Arkansas:
LEGAL DESCRIPTION
Part of Lot 7, Block 3 of Eastwood Subdivision to the City of Fayetteville, Washington
County, Arkansas, more particularly described as follows:
Beginning at a point on the Northwesterly proposed right of way line of Arkansas State
Highway 265, said point being 54.87 feet left of and perpendicular to Construction
Centerline Station 81+ 65.00; thence North 68 00' 22" West a distance of 5.13 feet to
a point: thence North 21� 59' 38" East a distance of 50.00 feet to a point; thence South
68° 00' 22" East a distance of 10.00 feet to a point on the Northwesterly proposed right
of way line of Arkansas State Highway 265: thence South 21� 59' 38" West along said
proposed right of way line a distance of 15.00 feet; thence South 29 55' 20" West
along said proposed right of way line a distance of 35.34 feet to the point of beginning
and containing 415 square feet, more or less.
Modified
2/1/99
EDC/C of F
together with the rights, easements and privileges in or to said lands which may be
required for the full enjoyment of the rights herein granted.
This temporary easement as conditioned above shall terminate when Arkansas
State Highway Commission Job No. 004999 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 of this /bi of 7.(4A---1 , 1999
City of Fayetteville, Arkansas
yN!/
Fred Hanna, Mayor
7i. `• ,//7/i
ea(fier Woodruff, City Clerk
•
•
TEMPORARY CONSTRUCTION EASEMENT
Page 2 of 2
STATE OF ARKANSAS
COUNTY OF WASHINGTON
ACKNOWLEDGEMENT
) ss
•
On this /7 ?-°‘ day of / S z'p.' , 1999, before me, a notary Public, duly
commissioned, qualified and acting, withind for said County and State, appeared the
within named Fred Hanna and Heather Woodruff, and being the Mayor and City Clerk,
respectively, for the City of Fayetteville, Arkansas, a 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 hereunto set my hand and seal as such Notary
Public on this /%'`t day of FBea , 1999.
MY COMMISSION EXPIRES'
NOTARY PUBLIC.: ,
it'll on so
jt:.��1blON .`
•
•
•
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
STAFF REVIEW FORM
For the Fayetteville City Council meeting of February 16. 1999
,Z6-5 a9 97
MTrRr;rjl MFD
FROM:
Ed Connel a/ Engtnewpg Public Works
Name Division Department
ACTION REQUIRED: Approval of Resolution authorizing Mayor and City Clerk to execute Warranty
Deeds conveying City owned property, part of Fire Station No. 5 (0.146 acre) and part of the former
Caudle property (0.67 acre), both on Crossover Road, to the Arkansas State Highway Commission, as
right of way on the expansion of Arkansas State Highway 265.
COST TO CITY: NONE
$ NON $ 0,00 Hwy 265 Widening ROW
Cost o this Request Category/Project Budget Category/Project Name
4470-9470-5810.00
10.00
Account Number
94Q83-30
Project Number
Funds U
To Date Program Name
Remainingo Balance
Saless Tax COP
BUDGET EVIEW: _2(_ Budgeted Item
lin } c (( r for
Budget Adjustment Attache
Administrative Services Director
CONTRACT/GRANT/LEASE
REVIEW:
Accounun ger
(,pitVy _ Attorneey
rchasmg Officer
.2-y-179
bate
Date
a
ate
RANTING AGEN
rna u i or
ADA Coor
inator
ate
bate
STAFF RECOMMENDATION: Approval of resolution authorizing conveyance of city property to Arkansas State Highway
Commission for right of way associated with the expansion of Highway 265, AHTD Job No. 04999, AHTD Tract Nos 27 and
44.
Cross Reference
New Item: Yes No
Prev Ord/Res #:
Orig Contract Date:
•
•
STAFF REVIEW FORM
Page 2
Description Jiwy 265 right of way to Arkansas State hltghway Commission from City property Meeting Date 2-16-99
Comments:
Budget Coordinator
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
Reference Comments:
•
FAYETTEVI LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: January 29, 1999
TO: Fayetteville City Council
THRU: Fred Hanna, Mayor
Charles Venable, Public Woks Director
Jim Beavers, City Engineer
FROM: Ed Connell, City Land Agena.
RE:
Highway 265 Widening
AHTD Job No. 04999
Right of Way from City Properties
As part of the widening of Hwy 265 (Crossover Road), between Hwy 16 East and Hwy 45
(Mission), the Arkansas State Highway and Transportation Department (AHTD) is requesting
additional right of way from two properties owned by the city. These properties are listed by the
AHTD as Tract No 27, otherwise formally known as the "Caudle Property" located at 295 S.
Crossover Rd.; and Tract No. 44, otherwise known as "Fire Station #5 Property" located at 833
N. Crossover Rd. Although the AHTD is acquiring all of the required ROW for this road
expansion, the City of Fayetteville will be paying for the entirety.
Tract # 27: Caudle Property
Early in 1998, the city purchased this tract of land knowing that the residential dwelling on this
property was going to be demolished in order for the highway expansion to occur. The city had
a chance to buy the land (1.87 acres) and dwelling for $50,000, a cost that could have doubled
if we had allowed the property to be sold to a third party. The expanded highway requires about
0.67 acre from the east side of this property, which includes the house, leaving a residual of
about 1.20 acres (295'± frontage x 175'± depth) Once the new roadway is complete, this
remainder will probably be sold. Please find attached a AHDT diagram of Tract # 27 and the
required ROW. Staff concurs with the amount of taking.
Tract # 44: Fire Station #5
Fire Station #5, located on the west side of Hwy 265, across from Highland Park Drive, is located
on the west end of Lot 11, Block 3, Eastwood Subdivision. This lot is about 150 ft. wide,
averages about 265 ft. deep and is 0.93 acre. The highway ROW taking ranges from 34 to about
52 feet west of the existing right of way as shown on the attached diagrams. This taking should
not hinder the functions of the fire equipment. In total, 0.146 acre is to be acquired by the
Arkansas State Highway Commission. Staff concurs with the amount of taking for right of way
purposes There is also a small Temporary Construction Easement (415 ft2) required on this
property for the purposes of making the driveway connection.
•
•
I
49.27
a
N
N
72
IE
AHTD Tract # 27
CITY PROPERTY
"CAUDLE " PROPERTY
1.87 ACRES
(Remainder: 1.20 acre)
S85°17'40"H'
124.01
P
P
0
102.13
Title: "Caudle Property" : New Hwy 265 ROW
Date: 02-01-1999
Scale: 1 inch = 70 feet
File: 265-TR27.DES
Tract I: 1.872 Acres: 81553 Sq Feet
Tract 2: 0.668 Acres: 29111 Sq Feet
001=/S85.4022W 1322.95
002=SO4.1902E 38.69
003=S85.1740W 102.13
004=S85.1740W 174.01
005=N04.1917W 295.32
006=N85.1740E 182.85
7576.5 Sy Meters: No significant closure error.
2704.5 Sy Meters: No significant closure error.
007=N85 1740E 49.27
008=N85.1740E 44.06
009=s04.1847c 256.63
010=@2
011=SO4 1902F.. 38.69
012=S85.1740W 102.13
Perimeter = 1 143 feet
Perimeter = 786 feet
013=NO3.0200W 228.50
014=N01.0930W 67.04
015=91°1485 1740E 93.33
016="s04.1851c 256.63
PROP RM
I/
8155'
WRSET .4 NOT
ro SCALE
csi/16 or
"I �—z (an.;
t g I CONST CL HWY l6
p.1.= 30.02.83
p= 7'53'/8' RT.
D100'45'00'
T= 526.71'
L= 1051.76'
R2 7639.44'
2553?
RrHRY
SW SE
14
5,53
Loa
RES.•42.56 .0
T -
CONST
Pt.= 40
0=04'51
0=00'45
T= 324
L= 648.
R- 763E
PROP RW
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PROP P.w''
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14
uiCROrIt
PE V ISICHS
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14
RE 5.'2/3.623 sq
F £ RM SUBDIVISION
327J'
5Y/7O?!
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•
•
34.15
AHTD TRACT # 44
Remainder = 34,060 sq.ft. (0.78 acre)
Lot # 7
Block # 3
Eastwood Subdivision
Fayetteville Fire Station #5
TCE
b
52A 1
0
Title: FFD Sta. #5; New Hwy 265 ROW
Date: 01-29-1999
Scale: I inch = 38 feet
File: TR44-ROW.DES
Tract 1: 0.146 Acres:
Tract 2: 0.000 Acres.
Tract 3: 0.7R2 Acres:
Tract 4: 0.010 Acres:
6353 Sq Feet: 590.2 Sy Meters: No significant closure error.: Perimeter = 455 feet
0 Sq Feet 0.0 Sy Meters: Closure = s04.3044e 150.04 feet: Precision =1/ 1: Perimeter = 150 feet
34061 Sy Feet: 3164.3 Sy Meters: No significant closure error.: Perimeter = 766 feet
415 Sy Feet: 38.5 Sq Meters: No significant closure error. : Perimeter= 115 feet
001=/N85.29121i 159.89 P013
002=N29.5520E 107.36
003=N21.5938E 81.36
004=N85.1139E 34.15
005=S21.3358W 179.84
006=S85.2912W 52.11
007=@l
008=N04.3044W 150.04
009=®l
0I0=/N04.3044 W 150.04
011=504.3044E 150.04
0124185.2912E 159.89
013=N29.5520E 107.36
014=N21.593SE 81.36
015=s85.1 139w 257.16
016=s05.5600c 10.00
017=@2
018=/N29.5520E65
019=N68.0022W 5.13
020=N21.5938E 50
02I=S68.0022E 10
022=s21.5938w 15.00
023=S29.5520W 35.34
i-N;R-30-W
Sc 'Rstrcec /No'r.C.' e aia [cc
rre (Ile hrctlen d o=z.'. ec scrory
cs toccata' In //e C•:'i2 (/
Ire CojNy
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BLK 3
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RT 265
16 - HWY 45
SEC 2
ARKANSAS Y :TE HIGHWAY
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78. 73
77.
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Li 37
L 1 39
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(141
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•
•
/Lai CL cjgJ/
45
JOB NO. 04999
TRACT NO. 27,44
WARRANTY DEED
MUNICIPAL.
KNOW ALL MEN BY THESE PRESENTS:
THAT, the City of Fayetteville, Arkansas, for and in consideration of the
sum of TEN AND NO/100 DOLLARS (S10.00), 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 waver 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:
TRACT 27:
Pan of the West Half of the Southeast Quarter of Section 14, Township 16 North,
Range 30 West, Washington County, Arkansas, more particularly described as
follows:
Starting at the Northeast Confer of the Southeast Quarter of the Southeast Quarter
of Section 14; thence South 85° 40' 22" West along the North line thereof a
distance of 1322.95 feet to the Northeast Corner of the Southwest Quarter of the
Southeast Quarter of Section 14 for the point of beginning; thence South 04" 19'
02" East along the East line of the Southwest Quarter of the Southeast Quarter of
Section 14 a distance of 38.69 feet to a point; thence South 85° 17' 40" West a
distance of 102.13 feet to a point on the Westerly proposed right of way line of
Arkansas State Highway 265; thence North 03' 02' 00" West along said proposed
right of way line a distance of 228.50 feet to a point; thence North 01° 09' 30"
West along said proposed tight of way line a distance of 67.04 feet to a point;
thence North 85° 17' 40" East a distance of 93.33 feet to a point on the East line
of the Northwest Quarter of the Southeast Quarter of Section 14; thence South 04°
19' 00" East along said East line a distance of 256.64 feet to the point of
beginning and containing 0.67 acre more or less.
Land description continued on Page 2
Instrument prepaied under the
direction of the Legal Di. inion
Arkansas Slate If igh..ay & Transportation Dept.
Post Office Vox 2261
Little R k, Arkansas 72203
BY: uhQacc 94-W ttf0y_
•
•
TRACT 44:
Part of Lot 7, Block 3 of Eastwood Subdivision to the City of Fayetteville, also
being part of the Nonheast Quarter of the Southeast Quarter of Section 11,
Township 16 North, Range 30 West, Washington Courcy, Arkansas, more
particularly described as follows:
Starting at the Southwest Corner of Lot 7, Block 3 of Eastwood Subdivision also
being the Southwest Comer of the Northeast Quarter of the Southeast Quarter of
Section 11; thence North 85° 29' 12" East along the South line thereof a distance
of 159.89 feet to a point on the Northerly proposed right of way line of Arkansas
State Highway 265 for the point of beginning; thence N'onh 29° 55' 20" East along
the Northerly proposed right of way line of Arkansas State Highway 265 a
distance of 107.36 feet to a point; thence North 21° 59' 38" East along said
proposed right of way line a distance of 81.36 feet to a point on the North line of
Lot 7, Block 3 of Eastwood Subdivision; thence North 85° 11' 39" East along said
North line a distance of 34.15 feet to a point on the Westerly existing right of way
line of Arkansas State Highway 265; thence South 21° 33' 58" West along said
existing right of way line a distance of 179 84 feet to a point on the South line of
Lot 7, Block 3 of Eastwood Subdivision also being the South line of the Northeast
Quarter of the Southeast Quarter of' Section II; thence South 85° 29' 12" West
along said South line a distance of' 52 II feet to the point of beginning and
containing 6,352 square feet more or less.
TO HAVE AND TO HOLD the sarne unto the said Arkansas State
Highway Commission and unto its successors and assigns forever.
And the City of Fayetteville, Arkansas, hereby covenants with the said
Arkansas State Highway Commission that the City 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
by Resolution dated , 1999, has caused these presents to be signed
by its Mayor, attested by its City Clerk and its corporate seal affixed, on this
day of , 1999.
Al TGST:
Heather Woodruff, City Clerk
BY:
Fred Manna, Mayor
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this day of
) ss
, 1999, before rne, a Notary
Public, duly commissioned, qualified and acting, within and for said County and
State, appeared the within named Fred Hanna and Heather Woodruff, and being
the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a
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.
(N TESTIMONY WHEREOF, I have hereunto set my hand and seal as
such Notary Public on this _ day of , 1999.
NOTARY PUBLIC
MY COMMISSION EXPIRES: