HomeMy WebLinkAbout118-02 RESOLUTION•
RESOLUTION NO. 118-02
A RESOLUTION APPROVING THE SALE OF APPROXIMATELY
7.68 ACRES OF ABANDONED RAILROAD RIGHT-OF-WAY TO
THE UNIVERSITY OF ARKANSAS BOARD OF TRUSTEES FOR
THE PRICE OF EIGHTY-TWO THOUSAND THREE HUNDRED
DOLLARS ($82,300.00).
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 approves the sale of approximately 7.68 acres of abandoned railroad
right-of-way to the University of Arkansas Board of Trustees for the price of
Eighty -Two Thousand Three Hundred Dollars ($82,300.00).
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and the City Clerk to convey said property to the
University of Arkansas Board of Trustees.
PASSED and APPROVED this 6th day of August, 2002.
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ER WOODRUFF; ity Clerk
APPROVED:
By:
DAN COODY, May
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NAME OF FILE:
CROSS REFERENCE:
Resolution No. 118-02
08/06/02
Resolution No. 118-02
08/06/02
Copy of the Quitclaim Deed (gave both originals to Ed Connell, per his
request, on August 8, 2002)
07/16/02
Offer and Acceptance Contract with the University of Arkansas,
Fayetteville
07/15/02
Memo to Fayetteville City Council thru Dan Coody, Mayor, from Ed
Connell, Land Agent, regarding Sale of Railroad Right of Way to the
University of Arkansas
Memo to Fayetteville City Council thru Dan Coody, Mayor, from Ed
Connell, regarding Garland and Cleveland Streets Improvements Right
of Way Acquisition Compromise
05/02/02
Appraisal Report for City of Fayetteville (location: abandoned railroad
right-of-way between S. School Ave. and S. Garland Ave.)
08/06/02
Staff Review Form
08/08/02
Memo to Ed Connell, Engineering Division, from Heather Woodruff,
City Clerk
05/21/02
Memo to Fayetteville City Council Members, thru Mayor Coody, Ray
Bordreaux, John Maguire, Greg Boettcher, Jim Beavers, from Ed
Connell, Land Agent, regarding Research & Technology Park (South
Fayetteville)
06/14/02
City of Fayetteville Press Release regarding Wilson Spring Business
Park Assessment Task Force
Wilson Springs Business Park Information & Frequently Asked
Questions
NOTES:
Parcel Na 765-15045.000
QUITCLAIM DEED
MUNICIPAL CORPORATION
BE IT KNOWN BY THESE PRESENTS:
A
Res. 118-02
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 CCP)/
consideration, the receipt of which is hereby acknowledged, does
hereby grant, sell and quitclaim unto Board of Trustees of the
University of Arkansas, Fayetteville, 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:
PROPERTY DESCRIPTION: (99069718)
All that portion of the former Burlington northern and Santa Fe Railway Company's(formerty St. Louis
and San Francisco Railway Company) 100 foot wide Fayetteville to Pettigrew, Arkansas branch line property,
now discontinued, being 50 feet wide on each side of said Railway Company's Main Tract centerline as
originally located and constructed upon, over and across the Southwest Quarter (SWY4) of the Southwest
Quarter (SW%), the Southeast Quarter (SE%) of the Southwest Quarter (SW%) and the Southwest Quarter
(SW%) of the Southeast Quarter (SE%) of Section 21, Township Sixteen (16) North, Range 30 West of the 51h
Principal Meridian, Washington County, Arkansas, bounded on the easterly side by the centerline of State
Highway 716 (south School Street) and bounded on the west by the West line of said Section 21, said
centerline being more particularly described as follows, to -wit: Beginning at a point on the West boundary line
of said Section 21, said point being North 02° 45' 29° East 801.29 feet from the Southwest comer of said
Section 21; thence North 83° 30' 32" East 1328.07 feet thence North 82° 59' 33" East 1841.44 feet thence
North 87° 48' 12" East 254.54 feet to the centerline of State Highway 718, containing 7.86 acres, more or less,
all being subject to easements and rights of way of record.
TO HAVE AND TO HOLD the same unto the said Grantee and unto Grantee's successors and
assigns forever. /���1111"""��
WITNESS the execution hereof on this r0 day of tee./
2002.
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ATTEST: � �..
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a? - a1� i.Clerk
STATE OF ARKANSAS
CITY OF FAYETTEVILLE, ARKANSAS,
a municipal corporation
BY:
COUNTY OF WASHINGTON
Dan Goody, Mayor
ACKNOWLEDGMENT
85.
(Seal)
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 Dan Coady 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 Fayetbvllle, Arkansas, a municipal corporation, and are
duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behatf
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 hand and seal on thisaday of
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OFFER AND ACCEPTANCE CONTRACT ORIGINAL
1. That the Board of Trustees of the University of Arkansas , acting on behalf of the
University of Arkansas, Fayetteville, hereinafter referred to as the Buyer, offers
to buy, subject to the terms and conditions set forth herein, the following
described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
from the City of Fayetteville. Arkansas a municipal corporation, hereafter
referred to as Seller.
2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the
property at closing, the total and cash only payment of $ 82.300 .
3. Title Requirements:. If title requirements are not fulfilled to the satisfaction of the
Buyer, or the Seller fails to fulfill any obligations under this contract, the Buyer
may, at its option, declare this contract null and void. If the Buyer fails to close
this transaction or fails to fulfill his obligations under this contract or after all
conditions have been met, the Seller, at its option, may declare this contract to
be null and void. Alternatively, the either party may assert legal or equitable
rights which each may have because of breach of this contract.
4. Conveyance will be made to the Buyer by Quit Claim Deed and such deed shall
be subject to recorded instruments and easements, if any. Such conveyance
shall include any and all rights owned by the Seller.
5. The Seller shall furnish, at Sellers expense, a policy of title insurance in the
amount of the purchase price from a title insurance company as selected by the
Seller.
6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey
the property. Seller does not possess a current survey of the property Seller
agrees to cure any title problems which may result from any differences between
the recorded legal descnptions of the property and the survey descnption. Said
title problems, if any, must be solved prior to dosing to the satisfaction of the
Buyer.
7. Taxes and special assessments due on or before closing shall' be paid by the
Seller. Insurance, general taxes, ad valorem taxes, special assessments and
rental payments shall be prorated as of closing.
8. The closing date shall be within thirty (30) days after approval of this contract by
the Fayetteville City Council and the Board of Trustees of the University of
Arkansas, whichever occurs later. If such date of closing falls on a weekend or
holiday, it will be held the following working day.
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OFFER AND ACCEPTANCE CONTRACT
Page 2 of 5
9. Closing costs, except for those heretofore mentioned, shall be shared equally
between Buyer and Seller.
10. Possession of the property shall be delivered to the Buyer on the date of closing.
11. Seller hereby grants permission for the Buyer or its employees or designates to
enter the above described property and improvements for the purpose of
inspection and/or surveying.
12. All fixtures, improvements and attached equipment are included in the purchase
price.
13. Risk of Toss or damage to the property by fire or other casualty occurring up to
the time of closing is assumed by the Seller.
14. Seller shall disclose to Buyer any and all environmental hazards of which Seller
has actual knowledge. Buyer may obtain a preliminary Phase I, or modified
Phase I, environmental assessment within the specified time frame for closing
If such assessment indicates the existence of asbestos or heavy metals in
quantities which could be considered as hazardous materials or environmental
hazards, a more extensive assessment would be conducted by the Seller at
Seller's cost to determine the extent of required remediation. Buyer may extend
said closing until such hazards have been corrected by Seller, or buyer may
terminate this contract. Altematively, Seller may elect to deduct the cost of such
remediation from the purchase pnce.
15. This agreement shall be govemed by the laws of the State of Arkansas.
16. This agreement, when executed by both the Buyer and the Seller shall contain
the entire understanding and agreement of the parties with respect to the
matters referred to herein and shall supersede all price or contemporaneous
agreements representations and understanding with respect to such matters,
and no oral representations or statements shall be considered a part hereof.
17. This contract expires, if not accepted by the Administration of the Seller, on or
before the day of , 2002.
18. The property, as described herein, shall be sold on a as -is basis, with no
actual or implied guarantees other than those set forth in this document.
19. It is understood and agreed by Buyer and Seller that each entity will submit for
approval by their respective governing bodies within a period of 60 days after
this document is fully executed.
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OFFER AND ACCEPTANCE CONTRACT
Page 3 of 5
20.. NOTICE: SELLER ASSERTS AND BUYER HEREBY ACKNOWLEDGES
THAT THIS CONTRACT IS EXPRESSLY CONTINGENT UPON
THE APPROVAL. OF THE CITY COUNCIL OF FAYETTEVILLE
AND THE BOARD OF TRUSTEES OF THE UNIVERSITY OF
ARKANSAS, AND THAT THE FAILURE OF THE COUNCIL OR
BOARD OF TRUSTEES TO SO APPROVE WILL MAKE ALL
PORTIONS OF THIS OFFER NULL AND VOID
SELLER:
City of Fayetteville, Arkansas
A municipal Corporation
BY:
an Coody, Mayor
ATTEST::
I4eather Woodruff, City Clew
BUYER:
Board of Trustees of the University of Arkansas
BY:
.� .4.C�.ceeensc,___
Donald Pederson, Vice Chancellor
ATTEST:
JaaeIl,PrdDior
Date: D L
Date: 7/f,/o'L
Date:
i/,010
Date: 7AVO -
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OFFER AND ACCEPTANCE CONTRACT
Page 4 of 5
EXHIBIT "A"
PROPERTY DESCRIPTION
PROPERTY DESCRIPTION:
All that portion of the former Burlington Northam and Santa Fe Railway Company 100
foot wide Fayetteville to Pettigrew, Arkansas Branch Line property, now discontinued, being 50 feet
wide on each side of the former Railway Company's Main Tract centerline as originally located and
constructed upon, over and across the Southwest Quarter (SW%) of the Southwest Quarter (SW'/.) and
the Southeast Quarter (SE'/.) of the Southwest Quarter (SW%) and the Southwest Quarter (SW'/.) of
the Southeast Quarter (SE'/.) of section 21, Township 18 north, Range 30 West of the r Principal
Meridian, Washington county, Arkansas, bounded by the Easterly side by the centerline of State Highway
71 (now State Highway 71-B) and bounded on the West side by the West Ilse of said Section 21, containing 7.88
aces, more or less and subject to rights of way and easements of record.
SIGNED FOR IDENTIFICATION
SELLER:
City of F yetteville, Arkansas
BY:
Title: Dan Coody, Ma
BUYER:
UNIVERSITY OF ARKANSAS
BY:
Title
Date:?%%l _..
Date:
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OFFER AND ACCEPTANCE CONTRACT
Page 5 of 5
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
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 Donald 0, Pederson
and James Ezell, to me well known as the persons who executed the foregoing document, and who
stated and acknowledged that they are the Vice Chancellor and ProgramlProJect Director for the
University of Arkansas, Fayetteville, and are duly authorized to execute the foregoing instrument for and
in the name and behalf of the Trustees of the University of Arkansas, 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 hand and seal on this day of
MY COMMISSION EXPIRES:
2002.
Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
COUNTY OF WASHINGTON )
SS
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 Dan Coody and Heather
woodruff, to me well known as the person 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 hand and seal on this /6)* day of 2002.
MY COMMISSION EXP
per- O/-2ol0
Notary Public
FAYETTEVIPI,E
THE CITY OF EAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: July 15, 2002
TO: Fayetteville City Council
THRU: Dan Coody, Mayo
FROM: Ed Connell, Land Agent
RE: Sale of Railroad Right of Way to the University of Arkansas
In July of 1999, the City purchased 7.86 acres of abandoned railroad right of way from
Burlington Northern and Santa Fe Railroad Company as part of a possible multi-purpose trail from
Garland Avenue to Armstrong Ave. in the Industrial Park. Purchase of the railroad right of way was
done at minimum fee cost with title conveyed limited by Quit Claim Deed. The trails project never
materialized since all of the old railroad right of way (100' wide), between School and Momingside, had
either been sold by the railroad to private parties or the easements reverted back to the Grantors.
The university is planning some major expansions around the 'Genesis Center' in the very
near future and it is their desire to acquire this 7.86 acres form the city for control purposes as they try
to acquire all of the lands from Cato Springs Rd north to Town Branch. The University has offered the
City a price of $82,300 for this railroad corridor property. Attached is the Offer and Acceptance Contract
signed by both parties. The above mentioned offer includes $3,300 as the university's share of a
settlement reached with the Fayetteville School District in the acquisition of right of way around Leverett
School on Garland and Cleveland. The city will convey this amount, along with an equal amount, to the
School District in that settlement case. The railroad corridor land was appraised for $79,000.
At this writing, the University intends to utilize a portion of this railroad corridor for trail purposes
until it crosses Cato Springs Branch, after which the trail will follow the stream embankment until it
approaches School Avenue. Muth of the area north of the railroad corridor is in the flood plane and
the university intends to make a major portion of this into a park area. They are currently negotiating
with Kenneth Easterling for the acquisition of about 25 acres that he owns on the east and north sides
of the Genesis Center.
The City has a 6" water main in the railroad corridor which will be maintained by the City.
Attached is a copy of a recent easement which was prepared for the purpose of this water line. A fiber
optic cable system is being considered by the University that will be located in the south portion of the
corridor. Their easement has been signed by the city for this purpose.
It is staff recommendation that this corridor be sold to the university, especially since
their current intention meets the original intention of the City when the property was purchased. The
property will be conveyed in Quick Claim Deed, however, Bronson Abstract feels confident in the title
work and is willing to write title insurance on the property sale. Such title insurance will provide a
degree of assurance to the university.
If you have any questions, please do not hesitate to give me a call at 444-3415.
FAYETTEVI?LE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Counal
THRU: Dan Coody, Mayo
FROM: Ed Connell at
RE: Garland and Cleveland Streets Improvements
Right of Way Acquisition Compromise
The Arkansas State Highway Department (AHTD) is doing a major expansion and
improvement of Garland Avenue, from Maple Avenue to North Avenue. The City of
Fayetteville is improving Cleveland Street at Garland to correspond with the anticipated work
by the AHTD. Both of these projects are impacting Fayetteville School District Leverett
Elementary School at this intersection. The school already had student drop-off problems
and the Garland ROW taking by the AHTD virtually eliminated their existing drop-off on the
East side of the building. Sidewalks, utility easements some additional right of way
requirements on Cleveland St. make it impossible to have a drop-off on the South side of the
school. These right of way requirements were (are) going to require the school to relocate
their entry and drop-off point to the West side of the school budding. Not only were they
going to have to sacrifice some play ground area, but they were going to have to renovate
the inside of the building to accommodate the change. The AHTD would not take into
account this intemal cost of the budding renovation. The School District rejected the AHTD
offer for the ROW compensation and held out for an additional $10,000. It appeared that
this entire project was going to be put on hold and the back bumer if some compromise
couldn't be worked out.
With this project about to come to a halt, Mayor Coody brought three of the four
parties together and reached a compromise among the University, City and School District,
each of which would share in the cost of the additional $10,000 renovation expenses. The
School District would absorb $3,400, the University would contribute $3,300 and the City
would pay the district $3,300 for easements required of the distnct on the subject piece of
property. With this compromise, the school district signed the AHTD nght of way acquisition
documentation and this project is in the final stages before construction bid letting.
The University, with payment for the acquisition of the City's railroad right of way
between Garland and School Street, will include their portion of this obligation. The total
amount of that transaction will be $82,300, or $3,300 over the appraised amount of $79,000.
When the city acquires the easement required around Leverett School on Cleveland Street,
the School Distnct will be paid $6,600 by the City.
If you have any questions, give me a call at 444-3415.
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Date: 06-19-2002
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PROJECT
COUNTY
PARCEL 0
LOCATION
FEE OWNER
ADDRESS
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&PPRAISAI. REPORT
EUR
(`ITY /1F FAYFTTFYILLF
Complete Summary Appraisal Report
20° Sues
Washington
NA
Abandoned Raihoad ROW between S. School Ave. and S. Garland Ave
City of Fayetteville
113 W. Mountain, Fayetteville, AR 72701
ESTATE APPRAISED Fee Simple
AREA OF WHOLE
AREA OF PROPERTY
(Description attached)
7.86 aa.
7.86 acres
AREA OF RESIDUAL 0
ESTIMATED FAIR MARKET VALUE OF THE PROPERTY:
Before
Land
Improvements
Total
After
Land
Improvements
579,000
S NA
S 0
S NA
Total
FAIR MARKET VALUE OF PROPERTY
As or the 2nd day of May, 2002
ALLOCATION OF FAIR MARKET VALUE
Taal Acquisition 7.86 acs - or 342,382 sq.tt. ® S.23/sq.R
579,000
L 0
Taal Compensation
ATTACHMENTS:
- Certificate of Appraiser
Photographs
_2L Site, Improvement, NAB Use Narrative
Legal Descriptions
- Market Data Approach
_2L Site Drawing
Tax Assessment Cards
579,000
Say
178,748
579,000
579,000
Fayetteville, AR
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Sent by: BRONSON ABSTRAC . 479 442 8475;
BRONSON ABSTRACT CO., INC.
3810 FRONT STREET
SUITE 5 (501-442-2700)
FAYETTEVILLE AR 72703
To: CITY OF FAYETTEVILLE
113 E. MOUNTAIN
ATTN: ACCOUNTS PAYABLE
FAYETTEVILLE, AR 72701
07/11/024;
JflFan #599;Page 2/5
Invoice
Invoice No.: 6715
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THE BOARD OF TRUSTEES U OF A
TITLE SEARCH
Thank You
Invoice subtotal
Invoice total
100.00
100.00
473.50
473.50
..Sent' by: BRONSON ABSTRAC
is479 442 8475; 07/11/004; Jetfs: #599;Page 3/5
ALTA Commitment -10/17/1992 SCHEDULE A Commitment No.FATIC 2002--13254
1. Effective Date; JULY 1, 2002 at 7:00 A.M.
2. Policy or Policies to be issued: Amount
ALTA Owner's Policy (Amended 10-17-70)
Proposed Insured:
THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS
ALTA Loan Policy (Amended 10-17-70) $
Proposed Insured:
$82,300.00
3. The estate or interest in the land described or referred to in this
Commitment and covered herein is a FEE SIMPLE.
4. Title to the FEE SIMPLE estate or interest in said land is at
the effective date hereof vested in:
THE CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation
5. The land referred to in this Commitment is situated in the County of
WASHINGTON, State of ARKANSAS, and is described as follows:
All that portion of The Burlington Northern and Santa Fe Failway Company's
(formerly St. Louis, San Francisco Railway Company) 100 foot wide Fayetteville
to Pettigrew, Arkansas Branch Line property, now discontinued, being 50 feet
wide on each side of said Railway Company's Main Track centerline as
originally located and constructed upon, over and across the Southwest Quarter
of the Southwest Quarter, the Southeast Quarter of the Southwest Quarter and
the Southwest Quarter of the Southeast Quarter of Section 21, Township 16
North, Range 30 West of the 5th Principal Meridian, Washington County,
Arkansas, bounded on the Easterly side by the centerline of State Highway No.
71 and bounded on the West by the West line of said Section 21.
COUNTERSIGNED BY:
BRONSON ABSTRACT COMPANY, INC.
28 EAST CENTER STREET
FAYETTEVILLE, AR. 72701
FIRST AMERICAN TITLE:
INSURANCE COMPANY
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.Sgnt by: BRONSON ABSTRAC
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• 479 442 8475; 07/11/0211115; Jeffa #599;Page 4/5
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ALTA Commitment -10/17/1992 SCHEDULE B -I Commitment No.FATIC 2002-13254
The following are the requirements to be complied with:
1. Payment to, or for the account of, the sellers or mortgagors of the full
consideration for the estate or interest to be insured.
2. Instruments in insurable form which must be executed, delivered and duly
filed for record:
(a) Quitclaim deed conveying herein described land from the City of
Fayetteville, Arkansas, to the Board of Trustees of the University of
Arkansas.
BRONSON ABSTRACT COMPANY, INC.
28 EAST CENTER STREET
FAYETTEVILLE, AR. 72701
tx*******************xx*x********
FIRST AMERICAN TITLE
INSURANCE COMPANY
**'A**t**'*.wA A' w*x wwwww*Aw*x'A 'AA'*tA*
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Sent by; BRONSON ABSTRAC
•
479 442 8475; 07/11/0.05; hilfm #599; Page 5/5
ALTA Commitment -10/17/1992 SCHEDULE B -II Commitment No.FATIC 2002-13254
Schedule B of the policy or policies to be issued will contain exceptions
to -the following matters unless the same are disposed of to the satisfaction
of the Company:
1 Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage
thereon covered by this Commitment.
2 Rights or claims of parties in possession, boundary line disputes,
overlaps, encroachments, and any other matters not shown by the
public records which would be disclosed by an accurate survey and
inspection of the land described in Schedule A.
3 Easements, or claims of easements, not shown by the public records.
4 Any lien, or right to a lien, for services, labor or material heretofore
of hereafter furnished, imposed by law and not shown by the public
records.
5 Taxes or assessments which are not shown as existing liens by either
the public records or the records of any taxing authority that levies
taxes or assessments on real property.
6 Zoning ordinances, resolutions, lot split or lot line adjustment
regulations, and subdivision requirements of the municipality or
county in which the insured premises is located.
7 General Taxes for the year 2002 and subsequent years not ye: due
and payable.
8 The policy will not insure acreage, any mention thereof is for
descriptive purposes only.
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BRONSON ABSTRACT COMPANY, INC.
, 28 EAST CENTER STREET
FAYETTEVILLE, AR. 72701
FIRST AMERICAN TITLE
INSURANCE COMPANY
II
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