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HomeMy WebLinkAbout136-00 RESOLUTIONRESOLUTION NO. 136-00 IkCICROPILMED A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A PURCHASE AGREEMENT WITH BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO PURCHASE THE RAILROAD RIGHT-OF-WAY IN THE AMOUNT OF $70,000. 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 enter into a purchase agreement with Burlington Northern and Santa Fe Railway Company to purchase the railroad right-of-way in the amount of $70,000. A copy of the purchase agreement and legal description is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 3rd day of October , 2000. •� `Cilig ' Gr: ; •. By: �" ,at i. Heather Woodruff, City Clorle APPROVED By: Frkd%Hanna> Mayor or • NAME OF FILE: Resolution No. 136-00 CROSS REFERENCE: Resolution No. 66-01 10/03/00 Resolution No. 136-00 Exhibit "A" (Copy of the Purchase Agreement & Legal Description) 05/15/01 Resolution No. 66-01 (cross reference) 10/18/00 Copy of Check Request in the amount of $7,000.00 10/23/00 Copy of request for Vendor File Maintenance 11/1.6/00 Letter to Roslynn Schaefer, Rail Property, from Heather Woodruff, City Clerk NOTES: Form No. 1402.92 (10/17/92) ALTA Owners Policy First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule Al against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: Title to the estate or interest described in Schedule A being vested other than as stated therein; Any defect in or lien or encumbrance on the title; Unmarketability of the title; Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. Bronson Abstract Company, Inc, 3810 Front Street, Suite #5 Fayetteville, AR 72703 (479) 442-2700 Fax: (479) 442-8475 A Policy -Issuing Agent of First American Title Insurance Company First American Title Insurance Company Date: /O/5/O& • • EXHIBIT A OFFER TO PURCHASE AGREEMENT BNSF The Burlington Northern and Santa Fe Railway Company Property and Facilities Management 2500 Lou Munk Drive, AOB 3 Fort Worth, Texas 76131-2830 1. BUYERS' OFFER. The undersigned, hereinafter called "Buyer", offers to purchase from The Burlington Northern and Santa Fe Railway Company, herein after called "Beller", all of Seller's right, title and interest in and to that parcel of land situated in or near the city (village) of Fayetteville, County of Washington, and State of Arkansan, shown outlined in red on map marked Exhibit "A", dated 7//5!ad attached hereto and made a part hereof (said parcel of land being hereinafter called "the premises") at the price and upon the terms and conditions as follows: 2. PURCHASE PRICE AND PAYMENT. Buyer agrees to pay to Seller the purchase price of $70,000.00 for said premises, of which the amount of $7000.00 hereinafter called the "deposit", is paid to Seller to be applied on the purchase price. The balance of said purchase price shall be paid by certified or cashiers check to Seller within ten (10) days after Beller' notifies Buyer that the deed to said premises is ready for delivery to Buyer. 3. CONVEYANCE. Seller shall convey or caused to be conveyed, all of Seller's right, title and interest in the premises, if any, to Buyer by quitclaim deed subject to exceptions and reservations whether or not of record and in accordance with the other terms, conditions and reservations contained herein. If Buyer desires to have a survey Buyer shall, within ten (10) days of acceptance advise the Seller of Buyer's intent to have the premises surveyed. The cost of survey shall be borne by Buyer. The surveyed description shall be used in the deed provided same is acceptable to Beller. 4. TRACES, BUILDINGS AND OTHER IMPROVEMENTS. This offer relates only to land. Unless otherwise herein provided, this conveyance shall exclude Seller's railroad tracks and appurtenances thereto, Seller's buildings and its other improvements on the premises, all of which may be removed by Seller within N/A days following conveyance of the premises, and if not removed, shall be deemed abandoned by the Seller without obligation on the Seller's part and shall thereafter be and become the property of the Buyer in place. 5. ACCEPTANCE CONSTITUTES CONTRACT. This offer of the Buyer to purchase the premises when duly accepted and signed by the Seller shall constitute the entire Agreement between the parties for the sale and purchase of the premises and shall bind and inure to the benefit of the Seller, the Buyer, and their heirs, executors, administrators, successors and assigns. 1 SFX • • 6. LIQUIDATED DAMAGES AND SPECIFIC PERFOBNANCE. Time is of the essence of this contract. If Seller shall fail to perform under this agreement, Buyer as its sole remedy shall be entitled to a return of the deposit made herewith. If the Buyer shall fail to perform under this agreement, Seller as its sole remedy may retain the deposit as liquidated damages, not as a penalty or forfeiture, and declare this contract terminated. 7. CONDITIONS AND RESERVATIONS. The offer is and the conveyance of the premises shall be subject to the following terms, conditions, and reservations: i. Easements -- A reservation of the necessary right of way, for the continued maintenance, operation and use of all existing driveways, roads, utilities, wirelines, pipelines of any kind whatsoever on the premises whether owned, operated, used or maintained by the Seller, or its licensees or other third parties and whether or not of record. ii. Natural Resources -- A reservation to Seller of all coal, oil, gas, casinghead gas and all ores and minerals of every kind and nature including sand and gravel underlying the surface of the premises, together with the full right, privilege and license at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and all such products in any manner which will not damage structures on or the surface of the premises. iii. Judgement Liens -- Any judgement against Seller which may appear of record as a lien against the premises, such judgements shall be settled and satisfied by Seller if and when it is judicially determined to be valid. iv. Liens of Seller's Mortgages -- Seller shall deliver to Buyer, releases of the liens of Seller's mortgagee, within one hundred eighty (180) days after the first meeting of Seller's Board of Directors held after the conveyance contemplated herein. In the event Seller shall be unable to obtain said releases for any reason, the Buyer shall be entitled to a refund of the purchase price upon a reconveyance of title to the premises to Seller free and clear of defects of objections to the same extent as if no conveyance had been made to Buyer hereunder. v. General Real Estate Taxes -- Real estate taxes payable or paid in the year the deed is delivered shall be prorated by Seller and Buyer as the date on which the deed is delivered on the basis of the most recent ascertainable taxes assessed against the premises, or as may be equitably apportioned thereto by the Seller if the premises is not separately assessed or unless the payment of same has been assumed by a lessee under an existing lease to be assigned to Buyer. vi. Conditions -- Covenants, conditions, exceptions, licenses and easements whether or not of record. vii. Miscellaneous -- (a) Matters generally excepted by title insurance companies as standard or general exceptions to title in their preliminary reports, title commitments or policies, issued in the state in which the property is located. (b) Building lines, building and liquor restrictions, covenants, conditions and other restrictions, whether or not of record. (c) Zoning, building and other applicable laws, codes or ordinances. (d) Public or private roads, highways, streets and alleys, if any. 2 • • S. TITLE DEFECTS. Within the twenty (20) days following Seller's acceptance of this offer, Buyer, at its expense, may obtain evidence of title to the premises, in the form of an abstract of title or a title commitment. In the event Buyer notifies Seller within said twenty (20) day period with a written statement specifying matters or defects other than said permitted exceptions and reservations as set forth herein and other than such usual exceptions contained in Owner's policies and the matters to which this sale is subject by the terms hereof, the time of payment of the balance of the purchase price shall be extended for a period of thirty (30) days after the receipt of said evidence of title and statement. If Seller is unable or unwilling to cure such matters or defects within said thirty (30) day period, and Buyer is unwilling to accept the deed subject to such matters or defects then either party may terminate this Agreement by serving written notice of termination upon the other party within three (3) days thereafter and all further rights and liabilities under this Agreement shall cease and terminate except that Seller shall return the deposit to Buyer. 9. REAL ESTATE COMMISSIONS. If any real estate broker of agent can establish a valid claim for commission or other compensation as a result of Buyer having contracted for services in connection with the purchase of the premises, all of such commission or other compensation shall be paid by Buyer. 10. TRANSFER TAXES. Buyer agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required recording costs, transfer taxes, excise taxes and any and all fees incidental to the conveyance or recordation of the conveyance instrument. 11. NOTICES AND DEMANDS. All notices, demands, payments and other instruments required or permitted to be given or served by either party shall be in writing and deemed to have been given or served by either party if sent by registered or certified mail, addressed to the other party at the address shown herein. 12. GOVERNMENTAL APPROVAL. If the approval of any governmental agency is required for the sale of the premises, this Agreement is subject thereto and both parties shall use their beat efforts to obtain such approval. The closing date shall be extended for such period as may be required to obtain such approval. In the event said approval cannot be obtained within ninety (90) days from Seller's acceptance, either party may terminate this Agreement without liability to the other, except that Beller shall return the deposit to Buyer. In the event a city, county, or other governing authority wherein said real estate is located requires a survey or plat or has a subdivision ordinance, the Buyer shall obtain such survey or plat, all at Buyer's expense. The survey or plat shall be submitted by Buyer to Beller for review and approval prior to recording and within a period of twenty (20) days after the date of Seller's acceptance of this offer. 13. CONDITION OF PREMISES. Buyer acknowledges that it has inspected the premises and is aware of the condition of same. Buyer agrees to take title to the premises in an "as -is" condition, subject to all applicable laws and ordinances and to assume all liability and obligation to comply with any such laws and ordinances including but not limited to environmental laws and ordinances. Seller makes no representation or warranty as to the condition of the premises or compliance with any applicable laws or ordinances. 14. DEPOSIT. Seller may cash the deposit; however, it will not constitute acceptance of this offer. 3 FAYETTEVILLE 1 THE CITY OF FAYETTEVILLE, ARKANSAS November 16, 2000 Rail Property Roslynn Schaefer 57 Ogden Avenue Clarendon Hills, IL 60514 Re: Offer to Purchase Right-of-way from Burlington Northern and Santa Fe Railway Co. Dear Ms. Schaefer: Enclosed you will find three original Offers to Purchase agreements. I have also enclosed a copy of Resolution 136-00 of the City of Fayetteville which gives the Mayor and City Clerk the authority to enter into an agreement with Burlington Northern and Santa Fe Railway Company to purchase the railroad right-of-way as described in Exhibit "A" attached to the contract in the amount of $70,000. Check Number 270132 in the amount of $7,000 has also been enclosed as required by Section 2 of the agreement. If I can be of further assistance, please contact my office at 501-575-8323 or Chuck Rutherford at 501-575-8327. Sincere' SSA/ er Woodruff City Clerk 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 �E� 15. RAIL SERVICE. Nothing in this agreement shall prevent Beller from discontinuing service over any railroad line or lines by which rail service may be provided to the premises. 16. LEASE RENTALS - BUYER'S LEASE. Buyer agrees to keep rentals, taxes and other charges payable to Seller under the terms of any lease with Seller for the premises. Each lease shall be prorated as of closing date. If a lease includes a site only partially located within the premises being purchased, the proration, if applicable, shall be apportioned for that part of said lease site within the premises. Cancellation of said lease shall be upon the date of conveyance of premises. 17. LEASE OTHER THAN BUYER. Lease(s), #(s) p/A being in the name of other than Buyer, shall be assigned to Buyer upon date of conveyance of the premises and will be subject to apportionment of prepaid rental, payable - to Buyer, as of date of conveyance. 5 This offer consisting of /pages and made a part hereof, has been Wage Buyer this 3 day of Qlfii BUYER: C ty •f -ayetteville By Title ind5W P Address of Buyer: by said Exhibit "A" attached hereto, and signed and sealed in duplicate by the , 2000. //3 GJ• /7%,X!/V 7A/4 ) .4fisiF77Fi//GGG> /9i2. is%l/ Telephone No.: •9:2/ $75- 5330 The foregoing offer is Accepted by Beller this day of , 2000. THE BURLINGTON NORTHERN AND BANTA PE RAILWAY COMPANY BY TITLE Ljjet.zza...e. MEM ElmEl n MEM EME l J EMME 144 1 L c0' b� 2 ftsn n. �5'ou sE LZ l 40' 4 PT76 0 In 0 7.7;f t Ada' s E. +14 Walle lost p • e U n Y o x n EENN-. oat oh 0 0 est .1y' taria' 0 0 ry 1o,• .d WB Reil Hun 410.1. ti- tle 5.0064 G Qp to Tern] ! Carolyn Peterson 4.28•nf 0.51A4 MIn.Rsv'd. HNtr r.oiWLMt» 1 O;tt is City of Fayetteville: Rails to Trails Projeet CTA 99217.00 lgldsc04.doc TRACT: 765-02033-000 LEGAL DFSCRIPTION' RAT RO n Rig - BLOCX 36. ORIGINAL TOWN All that portion of the 100.0 feet wide railroad right-of-way, now discontinued, being 50.0 feet wide on each side of the Main Track centerline, as originally located and constructed across Block 36 of the Original Town of Fayetteville, Washington County, Arkansas, being more particularly described as follows: commencing at the Northeast corner of said Block 36 and running thence West 136.13 feet along the North line of Block 36 to the East line of the railroad right-of-way for the point of beginning; thence leaving the North line of Block 36 and continuing along the East line of the railroad right-of-way along a curve to the right an arc length of 90.50 feet to a point of compound curvature, said curve having a radius of 1728.65 feet. a central angle of 02.59'59" and a long chord of S 01°42'56" W 90.49 feet; thence along a curve to the right an arc length of 230.97 feet to a point of compound curvature, said curve having a radius of 3736.42 feet, a central angle of 03°32'30" and a long chord of 5 04°59'11" W 230.93 feat; thence along a curve to the left an arc length of 195.64 feet to a point of compound curvature, said curve having a radius of 902.16 feet, a central angle of 11.24'47" and a long chord of S 01.03'02" W 195.32 feet; thence along a curve to the left an arc length of 38.00 feet to a point on the South line of Block 36, said curve having a radius of 530.61 feet, a central angle of 04°06'12" and a long chord of S 06°42'27" E 37.99 feet; thence leaving the East line of the railroad right-of-way and continuing along the south line of Block 36, S 89°57.23" W 100.98 feet to the West line of the railroad right-of-way; thence leaving the South line of Block 36 and continuing along the Wept line of the railroad right-of-way along a curve to the right an arc length of 29.86 feet to a point of compound curvature, said curve having a radius of 630.61 feet, a central angle of 02°42'47• and a long chord of N 06°00'44" W 29.86 feet; thence along • curve to the right an arc length of 215.56 feet to a point of compound curvature, said curve having a radius of 1082.16 feet, a central angle of 11.24.47• and • long chord of N 01°03.02• B 215.20 feet; thence along a curve to the lett an arc length of 224.79 feet to a point of compound curvature, said curve having a radiue of 3636.42 feet, a central angle of 03°32'30" and a long chord of N 04.59'11" E 224.75 feet; thence along a curve to the left an arc length of 84.69 feet to the North line of Block 36. said curve having a radius of 1628.65 feet, a central angle of 02°59'11" and a long chord of N 01°43'20" E 84.88 feet; thence leaving the West line of the railroad right-of-way and continuing along the North line of Block 36, East 100.00 feet to the point of beginning, containing approximately 55,510 square feet or 1.27 acres more or less. Subject to any easements and/or rights-of-way of record. Prepared by: Grafton, lull i Associates, Inc. 2345 Green Acres Road Fayetteville, AR 72703 04/10/00 • 06/02/2000 12:06 nets/oasis • • • City of Fayetteville: Rails to Trails Project CTA 99217.00 lgldac02.doe TRACT: 765.02030-000 -- LEGAL DFSCRIPIION; RAILROAD R/W - BLOCK 30. ORIGINAL 'loft A11 that portion of the 100.0 feet wide railroad right-of-way, now discontinued, being 50.0 feet wide on each side of the Main Track centerline, as originally located and constructed across Block 35 of the Original Town of Fayetteville, Washington County, Arkansas, being more particularly described as follows: commencing at the Northeast corner of said Block 35 and running thence West 171.96 feet along the North line of Block 35 to the East line of the railroad right-of-way for the point of beginning; thence leaving the North line of Block 35 and continuing along the East line of the railroad right-of-way along a curve to the right an arc length of 260.25 to a point of compound curve, said curve. having a radius of 2096.53 feet, a central angle of 07.06.45" and a long chord of 5 07.00'40" E 260.09 feet ; thence along a curve to the right an arc length of 67.92 feet to a point on the South line of Block 35. said curve having a radius of 1726.65 feet, a central angle of 02915'04" and a long chord of S 02°19.46" E 67.91 feet; thence leaving the East line of the railroad right-of-way and continuing along the south line of Block 35, Nest 100.02 feet to the West line of the railroad right-of- way; thence leaving the South•line of Block 35 and continuing along the Nest line of the railroad right-of-way along a curve to the left an arc length of 61.09 feet to a point of compound curve, said curve having a radius of 1628.65 feet a central angle oI 02°10'38" end a long chord of N 02°21'59" N 61.86 feet; thence along a curve to the left an arc length of 266.51 feet to the North line of Block 35, said curve having a radius of 1996.53 feet, a central angle of 07°38'54" and a long chord of N 07.16'45' N 266.31 feet; thence leaving the West line of the railroad right-of-way and continuing along the North line Of Block 35, East 101.81 feet to the point of beginning, containing approximately 32,828 square feet or 0.75 acres more or less. Subject to any easements and/or rights-of-way of record. Prepared by: Crafton, Tull 6 Associate°, Inc. 2345 Green Acres Road Fayetteville, AR 72703 04/18/00 Wb/eL/Leen 14:eb 0013133AV • • City of Fayetteville: Rails to Trails Project CTA 99217.00 lgldoc05.doc TRACT: 765-05525-000A LEGAL DESCRIPTION. RAILROAD RN - SOUTH STREET ORIGINAL TOWN A11 that portion of the 100.0 feet wide railroad right-of-way, now discontinued. being 50.0 feet wide en each side of the Main Trask centerline, as originally located and constructed across an area reserved for South Street right-of-way (never constructed) between Block 36 of the Original Town of Fayetteville, and Block 22 of Ferguson's Addition to the City of Fayetteville. Washington County, Arkansas, being more particularly described as follows: commencing at the Northeast corner of said Block 22 and running thence S 89°57'23- M 163.36 feet along the North line Of Block 22 to the Eaat line of the railroad right- of-way for the point of beginning; thence leaving the Eaet line of the railroad right-of-way and continuing along the North line of Block 22, 8 89°57'23" M 103.32 feet to the Neat line of the railroad right-of-way; thence leaving the North line of Block 22 and continuing along the Mect line of the railroad right-of-way, along a curve to the right an arc length of 66.10 feet to the South line of Block 36, said curve having a radius of 630.61 feet, a central angle of 06°00'21• and a long chord of N 10°22'186 W 66.07 feet; thence leaving the West line of the railroad right-of-way and continuing along the South line of Block 36, N 89°57'23" E 100.98 feet to the East line of the railroad right-of-way; thence leaving the South line of Block 36 and continuing along the East line of the railroad right-of-way, along a curve to the right an arc length of 66.57 feet to the point of beginning, said curve having a radius of 530.61 feet, a central angle of 07°11'19" and a long chord of S 12.21'13" E 66,53 feet, containing approximately 6,631 °Quare feet or O .15 acres more or less. Subject to any easements and/or rights-ot-way of record. Prepared by: Craftoa T411 6 Aa0ociatea, Inc. 2345 ()teen Aerea Road Fayetteville, AR 72703 04/18/00 Ob/e2/ZOCO 11'00 DV10,Joasa • • City of Fayetteville: Rails to Trails Project CTA 99217.00 lgldac06.doc TRACT, 765-05525-000 .. jrnAl. nFcaRIPTION: RAILROAD R/W - BLOCK 22. Fer4seon'e Additigf All that portion of the 100.0 feet wide railroad right-of-way, now discontinued. being 50.0 feet wide on each side of the Main Track centerline, ae originally located and constructed across Block 22 of Ferguson's Addition to the City of Fayetteville, Washington County, Arkansas, less and except the Easterly 50 feet of said 100.0 feet wide railroad right-of-way conveyed to Emil Rosewict by Quitclaim Deed record 94035212, being more particularly described as follows: commencing at the Northeast corner o1 said Block 22 and running thence 5 89057'23" W 163.36 feet along the North line of Block 22 to the East line of the railroad right-of-way for the point of beginning; thence leaving the North line of Block 22 and continuing along the East line of the railroad right-of-way along a curve to the left an arc length of 0.46 feet, said curve having a radius of 530.61 feet. a central angle of 00°02.57" and a long chord of 8 15058'21" E 0.46 feet; thence 8 15°59'49" E 288.68 feet to the N£ corner of the property described on Quitclaim Deed record 94035212; thence leaving the East line of the railroad right-of-way and continuing along the boundary of the property described on Quitclaim Deed record 94035212, S 89°57'23" N 52.00 feet to the centerline of the railroad right-of-way; thence continuing along the centerline of the railroad right-of-way. 5 15059'49° E 186.67 feet to the South line of Block 22, thence leaving the centerline of the railroad right-of-way and continuing along the South line of Block 22. 5 se633143" W 51.66 feet to the West line of the railroad right-of-way; thence leaving the South line of Block 22 and continuing along the West line of the railroad right-of-way, N 15°59'49" W 448.07 feet; thence along • curve to the right an arc length of 28.86 feet to the North line of Block 22, said curve having a radius of 630.61 feet, a central angle of 02037.21" and a long chord of N 14°41'09° W 28.86 feet; thence leaving the West line of the railroad right-of-way and continuing along the North line of Block 22, N 89°57'23" E 103.32 feet to the point of beginning, containing approximately 38,273 square feet or 0.88 acres more or leas. Subject to any easements and/or rights-of-way of record. Prepared by: Crafton, Tull 6 Associates, Inc. 2345 Green Acres Road Fayetteville, AR 72703 o4/1B/00 Ub/02/Znnn iz:oo ooio ooaso • • City of Fayettevilltt Rails to Trails Project CTA 99217.00 lgldscOl.doc TRACT= 765-02030-000A .. )igG• D SCRIPTION, RAILROAD R/W - MOUNTAIN STREET ORIGIN.. TOWN All that portion of the 100.0 feet wide railroad right-of-way, now .discontinued, being 50.0 feet wide on each side of the Main Track .centerline, as originally located and constructed across an area reserved for Mountain Street right-of-way lnever constructed) between Block 22 and Block 35 of the Original Town of Fayetteville, Waehington County, Athena', being more particularly described as follows: commencing at the Northeast corner of said Block 35 and running thence west 171.96 feet along the North line of Block 35 to the East line of the railroad right-of-way for the point of beginning; thence leaving the Eact line of the railroad right-of-way and continuing along the North line of Block 35, went 101.81 feet to the West line of the railroad ,right-of-way; thence leaving the North line of Block 35 and continuing along the West line of the railroad right-of-way, along a curve to the left an arc length of 59.77 feet to the South line of Block 22. said curve having a radius of 1996.53 feet, a central angle of 01.42'55" and a long chord of N 11°S7'39" W 59.77 feet; thence leaving the wear line .of the railroad right-of-way and continuing along the South line of Block 22, 6 89°51'07" E 102.49 feet to the Beat line of the railroad right-of-way; thence leaving the South line of Block 22 and continuing along the East line of the railroad right-of-way, along a curve to the right an arc length of 59.37 feet to the point of beginning, said curve having a radius of 2096.53 feet, a central angle of 01037'21" and a long chord of 5 11°22'43" B 59.37 feet. containing approximately 5,957 agnate feet oI 0.14 acres more or less. Subject to any easements and/or rights-of-way of record. Prepared by: Crofton, Tull 6 Associates, Inc. 2345 Green Acres Road Fayetteville, AR 72703 04/18/00 w,Vutvw 34.00 JVu4 Jv.,.a Wall 141V • • City of Fayetteville: Rails to Trails Project CTA 99217.00 lgldsc03.doc TRACT: 765-02033-000A LEGAL DESCRIPTION- RAILROAD R/W - RACE STREET ORIGINAL TOWN A11 that portion of the 100.0 feet wide railroad right-of-way, now discontinued. being 50.D feet wide on each aide of the Main Track centerline, as originally located and constructed across an area reserved for Rock Street right-of-way Inever constructed) between Block 35 and Block 36 of the Original Town of Fayetteville, Waohington County, Arkansas, being more particularly described as follows: commencing at the Northeast corner of said Block 36 and running thence West 136.13 feet along the North line of Block 36 to the East line of the railroad right -of -Way for the point of beginning: thence leaving the East line of the railroad right-of-way and continuing along the North line of Block 36. West 100.00 feet to the West line of the rallros* right-of-way; thence leaving the North line of Block 36 and continuing along the West line of the railroad right-of-way, along a curve to the left an arc length of 42.83 feet to the South line of Block 35, said curve having a radius of 1628.65 feet. a central angle of 01.30124• and a long chord of N 00.31.28• W 42.83 feet: thence leaving the West line of the railroad right-of-way and continuing along the South line of Block 35, East 100.02 feet to the East line of the railroad right-of-way; thence leaving the South line of Block 35 and continuing along the East line of the railroad right-of-way. along a curve to the right an arc length of 42.83 feet to the point of beginning,said curve having a radius of 1728.65 feet, a central angle of 01.25'10" and a long chord of S 00.29'38" E 42.83 feet, containing approximately 4,283 square feet or 0.10 acres more or lees. Subject to any easements and/or rights-wf-way of record. Prepared by: Craftoa, Tull a Associates, Inc. 2345 Green Acres Road Fayetteville, AR 72703 04/16/O0 • RESOLUTION NO. 66-01 A RESOLUTION AGREEING TO PURCHASE AN ABANDONED RAILROAD RIGHT-OF-WAY FROM THE ARKANSAS & MISSOURI RAILROAD FOR $70,000.00 FOR USE AS A TRAIL WHEREAS, the City desires to build a trail upon the abandoned right-of- way of the Arkansas & Missouri Railroad, and WHEREAS, the Arkansas & Missouri Railroad has offered to sell the City of Fayetteville this abandoned right-of-way for $70,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYEI TEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby offers to purchase the railroad right-of-way described ui Exhibit A for the sum of $70,000.00 from the Arkansas & Missouri Railroad. PASSED and APPROVED this the 15th day of May, 2001. eather City rk • APPROVED: 0 0 C M 4) C Z 0 141 VI 0 CHECK REQUEST Payable to: 0 0 I Bank Number GI E ro z C14 a E' E • Account Number Sub Project ro� 0 zo C 0 roe • }.,I 14 O 0 .0 U 0 0 4 0 •r401 OZ U•'1 0 W 0 3.1 .-1 •A N 8 4 ❑ aa° ❑ ❑ ,i 0 0 w m J� a E' E • Account Number Sub Project Project) .-1 •A N 8 0 0 0 w m J� Sub Dept „ w o �O Ili% Amount 0 Account Name IIII N iiA a E' E • • . \/^,1 C� REQUEST FOR VENDOR FILE MAINTENANCE,/��w\y �I U (CHECK ALL AVAILABLE RESOURCES, VENDOR UST, ACCESS SYSTEM PRIOR TO SUBMISSION OF THIS REQUEST) REQUESTED BY6V)Zeletedhei EFFECTIVE DATE C: ��, %j° 00 DATE OF REQUEST: DEPT/DIVISION. TELEPHONE EXTENSION: NEW VENDOR: • g'44,;(15`. o 27/ VENDOR NAME: B Ns r VENDOR CHANGE: VENDOR #: STREET OR P.O. BOX: ,e$VQ 2 -Ott /'1 CITY: ffdif Gc..) ATTN: REMITTANCE ADDRESS IF DIFFERENCE FROM ABOVE: NAME: ADDRESS: CITY, ST, ZIP: 1. VENDOR RE-ENTRY: VENDOR #: OA t:te M AMP AO& 3 STATE•JQ_ ZIP CODE: N't l/ i7 SS o �` PHONE: FEDERAL ID NUMBER: -11 -4o3- goo CI OR SOCIAL SECURITY NUMBER TYPE OF ORGANIZATION CORPORATION (100): PARTNERSHIP (200): INDIVIDUAL (300): :_EMPLOYEE (400): PENSION (500): RECIPIENT (600): NON-PROFIT (700): ffwff. f f:ff *** fffffeff.ff f&Ter» ,**_SAiktristarror*****IrIento Irfnininigilnitintrentnirtirintrsininfrefw*Mfa+►/i►N*/ ivi+A»wane+►rifS►e& PURCHASING OFFICE USE ONLY NEW VENDOR: VENDOR CHANGES: VENDOR RE-ENTRY: W-9 FORM MAILED: ENTERED BY: DATE: G. L FILE: INVENTORY FILE: � �V EMMINE 3 -tea uar - aese Grag<_ s. _ _/Caxe __ems Z io ,# a—sre (so,0o) �. c. os 1 Nstu ` :Rathr , 5CilacjAjvu-- 1 ---(?1-2 Is 7 73- 39 5- �� _