HomeMy WebLinkAbout66-01 RESOLUTIONRESOLUTION NO. 66-01
1
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 FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby offers to purchase the railroad right-of-way described in Exhibit A for the
sum of $70,000.00 from the Arkansas & Missouri Railroad.
PASSED and APPROVED this the 15th day of May, 2001.
44 VAN'
ATTEST:'-
ham, drb-a..ig
eather Woodruff, City Cl rk
APPROVED:
BY:
• •
RESOLUTION NO.
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 FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby offers to purchase the railroad right-of-way described in Exhibit A for the
sum of $70,000.00 from the Arkansas Sr Missouri Railroad.
PASSED and APPROVED this the day of May, 2001.
APPROVED:
BY:
DAN COODY, Mayor
ATTEST:
Heather Woodruff, City Clerk
Dates /0/,3/00
N
OFFER TO PURCHASE AGREEMENT
BNSF
EXHIBIT A
The Burlington Northern and
Banta Fe Railway Company
Property and Facilities Management
2500 Lou Menk Drive, AOB 3
Port 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 "Seller", 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 Ark neapp, shown
outlined in red on map marked Exhibit "A", dated' 7 / 3/O()
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. pURCHABE PRICE AND PAYMENT. Buyer agrees to pay to Seller the purchase
price of 870,000.00 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 Seller
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'.
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 Seller.
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 Ka 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.
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6. LIQUIDATED DAMAGES AND SPECIFIC PERFORMANCE. 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 Beller, or
its licensees or other third parties and whether or not of record.
11. Natural Resources -- A reservation to Beller 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 time■
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 Beller 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, 1f any.
2
8. 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. TRANBPER 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) day■ 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 Seller 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
lava 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. Beller makes no representation or
warranty as to the condition of the premises or compliance with any
applicable lave or ordinances.
14. DEPOSIT. Seller may cash the deposit; however, it will not constitute
acceptance of this offer.
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15. RAIL SERVICE. Nothing in this agreement shall prevent Seller 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 Beller
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) ELA 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 f pages and
made a part Der of, has been pa e,
Buyer this .5 day of Oa'
by said Exhibit "A" attached hereto, and
signed and sealed in duplicate by the
, 2000.
BBpYER: Cj,��f eyettevi11e
Title /77.4y040
Address of Buyer: /13 4). 1770 Ai 7a9in)
41yP77..z/i/ r^, fig ia%j%/
Telephone No.: S:;1 6- 75" 8340
The foregoing offer is Accepted
by Seller this day of
, 2000.
4
THE BURLINGTON NORTHERN AND SANTA WE
RAILWAY COMPANY
BY
TITLE
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City of Fayetteville: Rails to Trails Project
CTA 99217.00
lgldsc04.doc
TRACT: 765-02033-000
lEGAL DESCRIPTION- sat fo n Bib - BLOCS 36. 9BIGINAL 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. wasbington 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,
aaid curve having a radius of 3736.42 feet, • central angle of 03°32'30"
and a long chord of 5 04°59.110 H 230.93 feet; 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 982.16 feet, a central angle of 11.24'47°
end a long chord of 5 01°03'02" N 195.32 fest; 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 Leet; thence leaving
the East line of the railroad right-of-way and continuing along the
South 11ns of Block 36, S 890570230 W 100.98 feet to the Hest line of
the railroad right-of-way; thence leaving the South line of Block 36 and
continuing along the Nest line of the railroad right-of-way along a
curve to the right an arc length of 29.86 feet to • 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" N 29.86 feet; thence along a
curve to the right an are 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" E 215.20 feet; thence along
a curve to the left an arc length of 224.79 feat to a point of compound
curvature, said curve having a radius 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 84.89 feet to the North line of
Block 36, said curve having a radius of 1626.65 feet, a central angle of
024'59'11° and a long chord of N 01.43'20" E 84.88 feet; thence leaving
the Neat 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:
Crafton. Tull & Associates, Inc.
2345 Organ Acres Road
Fayetteville, AR 72703
04/18/00
00;uc,cwo ♦c.vo
• City of Fayetteville: Rails to Trails Prosect
CTA 99217.00
1g1dac02.doc
TRACT: 765-02030-000
JRCAL DK4rRIPlION; RAILROAD R/M - BLOCK 30. ORIGINAL TONd
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, Waehington County, Arkansas, being more
particularly described as follows; commencing at the Northeast corner of
said Block 35 and running thence Nest 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 en ere length of 260.25 to • point of compound curve, said curve.
having • radium of 2096.53 feet, a central angle of 07006'45• and a long
chord of S 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 1728.65 feet, a central angle of 02°15'04•
and a long chord of 5 02.19.46• g 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 Neat line of the railroad right -Of -
way; thence leaving the South line of Block 35 and continuing along the
Neat line of the railroad right-of-way along a curve to the left an arc
length of 61.09 feet to • point of compound curve, said curve having a
radius of 1628.65 feet a central angle or 02010.36• and a long chord of
N 02.21'59° 11 61.08 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'S4° and a long chord Of N
07°16.45° w 266.31 feet; thence leaving the Nest 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 AseOtiatee, Inc.
2345 Green Acres Road
Fayetteville, AR 72703
04/10/00
VO/VL/LVVV AA.UV
••
City of Fayetteville, Rails to Trails Froject
CTA 99217.00
lgldac05.doc
TRACT: 765-05525-000A
LEr.A1, DESCRIPTION RAILROAD R/W - SOUTH STREET ORIGINAL TOWN
A11 that portion of the 100.0 feet wide railroad right-of-way, now
discontinued. being 50.0 Leet wide on each side of the wain Track
centerline, as originally located and constructed across an area
reserved for South Street right-of-way Inver 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 deecribed as follower commencing at the Northeast
corner of said Block 22 and running thence E 89.57.23" W 163.36 feet
along the North line of Block 22 to the Ease 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 22, B
99.57'23" M 103.32 feet to the West 11ne of the railroad right-of-way,
thence leaving the North line of Block 22 and continuing along the west
line of the railroad right-ot-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 8 long chord Or
N 10.22.18" 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 she 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
E 12.21'13" E 66.53 feet, containing approximately 6,631 square feet or
O .15 acres more or less.
Subject to any easements and/or rights-of-way of record.
Prepared by,
Grafton, Tull a Associates, Inc.
2345 Green Acres Road
Fayetteville, AR 72703
06/18/00
maw
Ob/01/Z000 1Gbb vuu.+u++..
City of Fayetteville: Rails to Trolls project
CTA 99217.00
lgldoc06.doc
TRACT: 765-05525-000 .-
;MA], DFgr$IPTION• RAILROAD R/W - BLOCK 22 Ferqueon'e Addition
Al2 that portion of the 100.0 feet vide railroad right-of-way, now
discontinued, being 50.0 feet wide on each side of the Main Track
centerline, as originally Merited and constructed across Block 22 of
Ferguson', 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 Rofewice by Quitclaim Deed record
94035212, being more particularly described as follows: commencing at
the Northeast corner of said Block 22 and running thence S 89957'239 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 Bast line of the
railroad right-of-way along a curve to the left an arc length of 0.46
feet, said curve having s radius of 530.61 feet, a central angle of
00°02.57' and a long chord of S 15°58'21• E 0.46 feet; thence S
15959'49° g 288.68 feet to the NE 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 94015212, S 89957'231 W 52.00 feet t0
the centerline of the railroad right-of-wey; thence continuing along the
centerline of the railroad right-of-way. S 15.59'499 2 186.67 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
ee°73'43° W 51.66 feet to the Weft 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 440.07 feet; thence
along a curve to the right an arc length of 28.86 feet to the North line
of Block 22, said curve having • radiue o! 630.61 feet, a central angle
of 02937'21• end a long chord of N 14041.09' N 28.86 feet; thence
leaving the West lint of the railroad right-of-way and continuing along
the North line of Bleck 22 N 89.57'23' Z 103.32 feet to the point of
beginning, containing approximately 38,273 square feet or 0.88 acres
more or less.
Subject to any easements and/or rights-of-way of record.
Prepared by:
Crofton, Tull 6 Aeeociatee, Inc.
2345 preen Acres Road
Fayetteville, AR 72703
04/10/00
44,
City of Fayetteville: Rails to Trails Project
CTA 99217.00
lgldscOl.doc
7RACTt 765-02030-000A ..
),EGA, DESCRIPTION: _RAILROAD R/N - MQON'TAIN STREET _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 an area
reserved for Mountain Street right-of-way ;never constructed) between
Block 22 and 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
Nest 171.96 feet along the North line of Block 35 to the Rapt 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 35, West 101.01 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 recline of 1996.53 feet, a central angle of 01.42'55• and
a long chord of N 11°57'39• W 59.77 feet; thence leaving the West line
of the railroad right-of-way and continuing along the South line of
Block 32, 6 09.51'07" E 102.49 feet to the East 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 01°37'21" and a long
chord of 5 11.22'43" S 59.37 feet, containing approximately 5,957 square
Leet or 0.14 acres more or lees.
Subject to any easements and/or riybta-of-way of record.
Prepared by:
Grafton, Tull 6 Associates, Inc.
2345 Green Acres Road
Fayetteville, AR 72703
04/16/00
City of Fayetteville. Rails to Trails Project
CTA 99217.00
]gldec03.doe
TRACT: 765-02033-000A
)P.CAL T;FSCRIMTIOR. RAILROAD RIW - ROCX STREET ORIGINAL TOWN
All that portion of the 100.0 feet wide railroad right-of-way, now
discontinued. being 50.0 feet wide on each aide of the Main Track
centerline, am originally located and constructed across an arse
reserved for Rock Street right-of-way (never constructed) between Block
35 and Block 36 of the Original Town of Fayetteville, Washington County,
Arkansas, being more particularly descrined 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 rigbt-of-way and continuing along the North line of Block
36. Neat 100.00 feet to the went line of the railroaO 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 or 01.30.24• and a long chord of
N 00.31.28• W 42.83 feet; thence leaving the West line of the railroad
right-of-way end 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
1738.65 Leet. a central angle of 01.25'10• and a long chord Of S
00.29.313• E 42.83 feet. containing approximately 4,283 square feat or
0.10 acres more or leen.
Subject to any easements and/or righta-uf-way of record.
Prepared by;
Crofton, Tull a Associates. Inc.
2345 Green Aeres Road
Fayetteville, AB 72703
04/10/00
RESOLUTION NO. oi_nn
AMA x C R. 6. Y F tl. F.., .LMfI E D
A RESOLUTION APPROVING THE PURCHASE OF AN
ABANDONED RAILROAD RIGHT-OF-WAY IN THE AMOUNT
$50,000 WITH THE INTENT TO BUILD A MULTI -USE TRAIL
BETWEEN PRAIRIE STREET AND THE WALTON ART
CENTER PARKING LOT.
nE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the City Council hereby approves the purchase of an abandoned railway
right-of-way in the amount of $50,000 with the intent to build amulti-use trail between Prairie Street
and the Walton Art Center parking lot. A copy of the apraisal report is attached hereto marked
Exhibit "A" and made a part hereof.
(MASSg?AND APPROVED this 5th day of July , 2000.
ATTEST: /
By: % !" O
Heather Woodruff, City Clem
Co
Re
RESOLUTION NO, 136-00
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 TRE CITY OF FAYETTE VILLE,
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.
4,•
° 4 // '•
4
B
eather Woodruff, City Cl
c
R
•
. AYETTEVIPLFS
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
Date: May 8, 2001
To: Kit Williams, City Attorney
From: Chuck Rutherford, Sidewalk & Trails Coordinator
Subject: Purchase of Railroad Right -of -Way
In October of 2000 the City Council approved resolution no. 136-00 to purchase from Burlington
Northern and Santa Fe Railway Company a section of abandoned Railroad right-of-way in the
amount of $70,000. The City was recently informed that the current owner of this property is the
Arkansas & Missouri Railroad Company. However, the A & M Railroad is offering to sell this
sane right-of-way to the City at the original offer of 70,000. I am recommending this purchase as
it is a section of the right-of-way needed for the Center - Prairie Trail.
De
Me
et
•
MAY -08-2001 11:07
JAMES E. CROUCH
WILLIAM M. CLARK. JR.
CHARLES L HARWELL
R. JEFFREY REYNERSON
MARCUS W. VAN PELT
CMRIS R. REEDY
CYPERTCROUCHCLARKHARUELL
•
CYPERT, CROUCH, CLARK &
ATTORNEYS AT LAW
111 HOLCOMB STREET
P.O. Box 1400
SPRINGDALE, ARKANSAS 72765-1400
TELEPHONE (501) 751-5222
TELECOPIER (501) 751-5777
ccch@dcox-internet.com
▪ ALSO LICENSED IN VIRGINIA
• LL.M. IN AGRICULTURAL LAW
Y LLM. IN TAXATION
501 751
•
HARWELL
Kit Williams
Fayetteville City Attorney
Administration Bldg.
113 W. Mountain St.
Fayetteville, AR 72701
Dear Kit:
May 8, 2001
Re:
5777 P.02/02
SENIOR COUNSEL
JAMES D. CYPERT
OF COUNSEL.
STANLEY W. LUDWIG
Arkansas & Missouri Railroad sale
of right-of-way
SENT VIA FAX ON 5-8-01 TO 575-8315
After consultation with my client, the Arkansas & Missouri
Railroad Company (A&M), please let this letter confirm that
pursuant to earlier conversations and discussions, the A&M has
agreed to offer for sale certain real property to the City of
Fayetteville, Arkansas at a purchase price of Seventy Thousand
Dollars ($70,000.00). The property conveyed will represent
certain railroad right-of-ways currently owned by the A&M. If I
can be of further assistance or provide additional information,
please let me know immediately. Thank you.
RJR/tv
Sincerely,
CYPERT, CROUCH, CLARK & HARWELL
R. Jeffrey .eynerson
TnTOI P G17
L
K
•
NAME OF FILE. Resolution No. 66-01
•
CROSS REFERENCE: Resolution No. 94-00; Resolution No. 136-00
05/15/01
Resolution No. 66-01
10/03/00
Exhibit "A" (Offer to Purchase Agreement with The Burlington Northern
and Santa Fe Railway Company and Legal Description)
07/05/00
Copy of Resolution No. 94-00 (cross reference)
10/03/00
Copy of Resolution No. 136-00 (cross reference)
05/08/01
Departmental Correspondence to Kit Williams, City Attorney, from
Chuck Rutherford, Sidewalks & Trails Coordinator, regarding purchase
of railroad right-of-way
05/08/01
Letter to Kit Williams, City Attorney, from R. Jeffrey Reynerson, Cypert,
Crouch, Clark & Harwell
NOTES: