Loading...
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. •., criE_ ER WOODRUFF; ity Clerk APPROVED: By: DAN COODY, May • 1 3 4 s- 7 7 g 9 Jo // 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. • ,,, ATTEST: � �.. • CI - O04 :r,A if 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 sQ'' ' J'z ?' Ry b MY COMMISSION EXPIRES: j; OtA y Cis :<a y-�-of i- .tors co...,,cs..-1/4 au„ uunnmunmmn Notary Public .4 • • . Cary a,estr/,ose... 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. &:rte u. :,;119 • h"-::;1:)^ns .. tifle .J;611Ak l:j +Jik'a 1' J. • �. I .. . .2'tf,' 4 v • 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. 1 • 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 - • 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: • • • 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 $6,600 by the City. If you have any questions, give me a call at 444-3415. 04 b too O 1 .34y puejing 6/108 n%szs►,zos Cato Springs Rd. • Ataziia k\ Date: 06-19-2002 File: UoARRrow.des k2 2 ! ;mw 3 ■! 2|% -) .i--� !Wilt I,_111 !!ƒa!!§" -E. man\f�( m In.eac?/f/\ d�� o$ A\\ *rno 4 §| !!§_ -` ae#m B§§tWi411» )1252s&r w�wn) Tide: Proposed Railroad Right of way sale to the U of A 2 7 k .9 _)ef§,- ..) PROJECT COUNTY PARCEL 0 LOCATION FEE OWNER ADDRESS • • • &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 • • 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 1 • 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 • .Sgnt by: BRONSON ABSTRAC • • 479 442 8475; 07/11/0211115; Jeffa #599;Page 4/5 .1 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* • 1 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. • BRONSON ABSTRACT COMPANY, INC. , 28 EAST CENTER STREET FAYETTEVILLE, AR. 72701 FIRST AMERICAN TITLE INSURANCE COMPANY II '34y pawn° z • •