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HomeMy WebLinkAbout60-02 RESOLUTION0 • RESOLUTION NO. 60-02 A RESOLUTION TO AUTHORIZE THE SALE OF CITY OWNED REAL ESTATE AND A CONSTRUCTION EASEMENT ALONG GARLAND AVENUE TO THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT FOR A CONTRACTUAL AMOUNT OF $3,400.00 WHEREAS, the City of Fayetteville is grateful that the Arkansas State Highway and Transportation Department is widening and improving Garland Avenue (Highway 112) from North Street to Maple Avenue; and WHEREAS, this beneficial project requires the City to sell to the Arkansas State Highway and Transportation Department 267 square feet of right-of-way, as well as a temporary construction easement and removal of a masonry wall and flower bed from our Garland Fire Station property, for a total price of $3,150.00, plus 117 square feet of right-of-way at the corner of Wedington Drive and Garland Avenue for $250.00. 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 authorizes the sale of the following tracts of land, construction easements and improvements to the Arkansas State Highway and Transportation Department pursuant to the attached deeds, contracts and documents for the following sums: (A) 267 square feet adjoining Garland Avenue near the fire station: $1,300.00 (B) 1,007 square feet for temporary construction easement near the fire station: $1,000.00 (C) Removal of a masonry wall and flowerbed at the fire station: $ 850.00 (D) 117 square feet at the corner of Wedington and Garland Avenue $ 250.00 • Res. 60-02 Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to sign all documents necessary for the sale of this land, easement and improvements to the Arkansas State Highway and Transportation Department. PASSED and APPROVED this 161h day of April, 2002. -40 APPROVED: //clams///.WLW, DAN COODY, I � 0 NAME OF FILE: Resolution No. 60-02 CROSS REFERENCE: 0 04/16/02 Resolution No. 60-02 Contract to Sell Real Estate for Highway Purposes Warranty Deed / Municipal Temporary Construction Easement Authorization Form 01/09/01 Letter to City of Fayetteville from James D. Gaither, Division Head, Right of Way Division, Arkansas State Highway and Transportation Department 03/01/02 Memo to Mayor Coody, CC: Kit Williams, City Attorney, Trish Lynn, Negotiator AHTD, thm Jim Beavers, City Engineer, Sid Norbash, Project Manager, from Holly Jones, Land Agent, regarding Garland Avenue Right of Way 04/02/02 Staff Review Form 04/19/02 Memo to Holly Jones, Engineering Division, from Heather Woodruff, City Clerk NOTES: • IMPROVEMENTS APPRAISED SALVAGE VALUE RETAINED BY GRANTOR YES NO AMOUNT OFBOND REQUIRED WILL GIVE ACTUAL POSSESSION OF IMPROVEMENTS NOT RETAINED Masonry Wall -0- 1 -0- At Closing Flower Beds 0- -0- At Closing Grantor(s) agrees that the items checked for removal for salvage will be removed on or before 30 days after closing and expressly waives all claims for damage, injury or loss on account of such removal by him, or removal after this date by the Arkansas State Highway Commission, due to failure of Grantor(s) to complete removal by the designated date. COMPENSATION BREAKDOWN: APPRAISED VALUE of Real Estate Including Damages to Remainder $ 29150.00 LESS SALVAGE VALUE - IMPROVEMENTS RETAINED NET PAYMENT DUE The Grantor(s) agrees to put up bond at the time of closing of this transaction for the removal of improvements retained, in the amount of N/A . Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the Contract to Sell. In the event that any buildings, fixtures, appurtenances, or other improvements are to pass to and become the property of the Commission in connection with the real property herein covered, Grantor(s) agrees to keep the same in good condition without waste, damage or destruction. Grantor(s) also agrees to allow the Commission permission to enter upon that part of the remaining property necessary for the sole purpose of removing any improvements acquired by the Commission, which lies outside the right of way, and not retained by the Grantor, or for the removal of foundations of improvements which are retained. The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within (90) days from date; and it is agreed that if, within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell", including the right to purchase the said land, the Grantor(s) will sign and execute a Warranty Deed when presented by the Commission and receive payment of the stated "Net Payment Due" from the said Commission, less any amount that may be found due and payable to any mortgagee. Unless stated to the contrary herein the conveyance shall include buildings, improvements, and appurtenances to the land described. It is expressly understood that the said commission shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accure to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. E 0 No person lawfully occupying real property shall be required to move from a dwelling, business or farm operation without 30 days written notice from the date of payment of the consideration set forth herein. The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the conveyance to Dated ,t' day in 1\ n Signature SS# STATE OF Aye < ) COUNTY WA.5g /,?�Dl 20 n I 41 I I Of* Signature SS# ACKNOWLEDGMENT SS BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County aforesaid, duly commissioned and acting 0 ., n to me well known as the Grantor(s) in the foregoing Contract to Sell and State that has executed the same for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public o?.� day of &Je/ L 20 �J P.�o�pRY • 6Q; i c :9s ••• MY COM1%C4i![51,9 IR V.// 'J z • 0 0 JOB NO, 040273 TRACT NO. 12 & 27 KNOW ALL MEN BY THESE PRESENTS: THAT, the City of Fayetteville, Arkansas, for and in consideration of the sum of TWO THOUSAND FOUR HUNDRED AND N0/100 DOLLARS ($2,400.00), and other good and valuable consideration, cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the Arkansas State Highway Commission and unto its successors and assigns forever the following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, ., lying and being situated in the County of Washington, State of Arkansas, to -wit: TRACT 12: Part of Lot 11, Block 13 of Rose Hill Addition to the Town of Fayetteville, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast Corner of Lot 7, Block 13 of Rose Hill Addition, said point also being on the Northerly existing right of way line of Cleveland Street; thence North 870 15' 56" West along said existing right of way line a distance of 140.06 feet to a point on the Easterly existing right of way line of State Highway 112; thence North 02° 42' 23" East along said existing right of way line a distance of 210.34 feet to a point on the Easterly proposed right of way line of Arkansas State Highway 112 for the point of beginning; thence continue North 02° 42' 23" East along the Easterly existing right of way line of Arkansas State Highway 112 a distance of 39.57 feet to a point on the North line of Lot 11; thence South 86° 44' 00" East along said North line a distance of 13.48 feet to a'point on the Easterly proposed right of way line of State Highway 112; thence South 21° 34' 30" West along said.proposed right of way line a distance of 41.67 feet to the point of beginning and containing 267 square feet more or less. 7x/119/26/01 TRACT 27: Part of the Northeast Quarter of the Southeast Quarter of Section 8, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southwest Comer of Lot 4, Block 1, Read Subdivision, said point also being on the Northerly existing right of way line of Cleveland Street; thence South 870 04' 44" East along said existing right of way line a distance of 275.00 feet to a point on the Westerly existing right of way line of State Highway 112; thence North 02° 42' 23" East along said existing right of way line a distance of 325.00 feet to a point; thence North 001 45' 29" East a distance of 50.04 feet to a point on the Westerly existing right of way line of State Highway 112; thence North 02° 18' 30" East along said existing right of Tract 27 Land Description continued on Page 2 Instrument prepared in the Right of Way Division under the direction of the Legal Division ,o Arkansas State Highway & Transportation Dept, Post Office Box 2261 -Little Rock, Arkansas 72203 • Page 2 way line a distance of 137.50 feet to a point; thence North 02° 34' 31" East along said existing right of way line a distance of 423.62 feet to a point; thence North 11° 21' 46" West along said existing right of way line a distance of 62.89 feet for the point of beginning; thence North 87° 10' 45" West a distance of 7.57 feet to a point; thence North 02° 22' 24" East a distance of 30.91 feet to a point on the Westerly existing right of way line of State Highway 112; thence South 11° 21' 46" East along said existing right of way line a distance of 31.88 feet to the point of beginning and containing117 square feet more or less. JK/lI 1/14/02 TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and unto its successors and assigns forever. And the City of Fayetteville, Arkansas, hereby covenants with the said Arkansas State Highway Commission that it will forever warrant and defend the title to said lands and property against the lawful claims of any and all persons whomsoever. IN WITNESS WHEREOF, the City of Fayetteville, Arkansas, as authorized by a4-- Minutes\Resolution dated IIpr i L $ , 2002, has caused these presents to be signed by its Mayor and attested by its City Clerk on this O -le day of 2002. BY: /2&4 ('Li<V Dan Coody, Mayor ATTEST: eat er Woodruff, City rk • ACKNOWLEDGMENT STATE OF /Q•,�K COUNTY OF LAJASHIV1f ON On this day of L , 2002, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared the within named Dan Coody and Heather Woodruff, and being the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal as such Notary Public on this, jg day of1) f'i2. it , 2002. QJ`\ gFi0 v� n �iGi ••• RY '' GAIL O 9n G•?mss NOTARY PUBLIC I _A*PN C C I i "ItP JOB 040273 TRACT 12E TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT City of Fayetteville for and in consideration of One thousand dollars, ($1,000.00), and other valuable considerations, to cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway Commission, it successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway construction, together with free ingress and egress, to, across, through and over the lands shown on the Right of Way Plans for Job No. 040273 , and designated as Tract No. 12E situated in the County of, State of Arkansas. This temporary easement as conditioned above shall terminate when the above subject job has been completed by the contractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. WITNESS my signature of this olta day of 4Pse.ic__ , 200.)... (SIGNATURE) ACKNOWLEDGMENT STATE OF A r►Sft0S4 S ) SS COUNTY WASh1nL3 4) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, within and for the County aforesaid, duly commissioned and acting 'DAN Gob t, r , r4yo� to me well known as the Grantor(s) in the foregoing Contract to Sell and State that_i_has executed the same for the consideration and purposes therein mentioned and set forth. W/ ITNES�ySmy hand and seal as such Notary Publico�day of PIL 200 (� Dj( i/ r\\\\\\\111111111111/111//IryI// /// O a„?aP BRO well, OTARY PUBLIC MY COMMISSION EXPIRES: s •. . tOTARy .ye G••. PU9LIG ;�Q S0UNZ \%O J O Ge . it i•i: nfl Co '� ... mss e' • 59775'56'E tfl1-- •60'- + - +85 L. b '1 4j r O 0 �yk ' 90' 43.3Z' m O S_ . 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PROPERTY ADDRESS: TELEPHONE # MORTGAGE COMPANY TELEPHONE # LOAN # CONTACT PERSON: Due to the construction of the above mentioned project we are acquiring property from your mortgagor. It will be necessary to obtain a Partial Release from your company. The mortgagor is aware that some or all the proceeds from this transaction may be required to be applied to the principle balance of the mortgage. The mortgagor is also aware that we will be negotiating only with the mortgagor and that any checks for funds conveyed will be made to the property owner. By our signatures we are authorizing the Arkansas State Highway & Transportation Department to enter into the process nece to obtain a Parti 1 Release. Mortgagor's Signature �� i Date / 7 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers P.O. Box 2261 Director qN Little Rock, Arkansas 72203-2261 Telephone (501) 569-2000 iD Telefax (501) 569-2400 City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: Job:040273 STPH-9142 (9) Maple St. —Hwy. I 12 (Fayetteville) Washington County Fa Tract: 12, 12E 01 Dear Property Owner(s): A negotiator for the Arkansas State Highway Commission has presented to you a Contract to Sell offering to purchase the fee simple title to your property needed for highway purposes. A description of the property needed is attached. The following buildings, structures, and other improvements, including fixtures, located upon the lands needed are as follows: Masonry Wall & Flower Bed. In the event you desire to retain any of the building, structures or other improvements, including fixtures, listed above for salvage value of $-0-, you must do so prior to the date of closing of a Contract to Sell or eminent domain proceedings. The offer of $3,150.00 is based on the opinion of a qualified real estate appraiser. The offered amount is based on the market value concept and is broken down as follows: $2,150.00 as just compensation for the realty to be acquired, $1,000.00 for Temporary Construction Easements, and $- 0- for damage to the remaining lands. Should you elect to accept this offer, the State will determine if you can convey a merchantable title, and if so, a proper deed conveying the land to the Arkansas State Highway Commission will be prepared and you will be paid the amount contained in the written offer. If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects to do so, a condemnation suit will be filed and the amount that the Arkansas State Highway Commission has determined to be estimated just compensation for your property will be deposited into the Registry of the Circuit Court of the County. You may at this time elect to accept the amount deposited as just compensation for your property. If you elect to do so, the Circuit Court Page 1 •1 • • • will be asked to enter Judgment in the sum of the estimated just compensation and this amount will be paid to you thereby disposing of the condemnation suit. If you do not elect to accept the amount deposited as estimated just compensation, then you may withdraw the amount placed on deposit as estimated just compensation without prejudice to your rights to claim additional compensation. In this event, you will be entitled to atrial by jury by the Circuit Court of the County in which your lands are situated to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you prior to vacating your property. Yours truly, James D. Gaither Division Head Right of Way Division JDG:lm Page 2 FAYETTEVIZLE THE CITY OF FAYETTEVIEIE. ARKANSAS DEPARTMENTAL CORRESPONDENCE TO: Mayor Dan Goody CC: Kit Williams, City Attorneyt —jc L a^•,,, Trish Lynn, Negotiator AHTD THRU: Jim Beavers, City Engineer # M t S"' Sid Norbash, Project Mana rte/ FROM: Holly Jones, Land Agent rd DATE: March 1, 2002 SUBJECT: Garland Avenue Right of Way The Arkansas State Highway and Transportation Department has presented us with offers to purchase right-of-way along Garland Avenue on two tracts of property we own. The f rst offer is on the property we own currently used as a Fayetteville Fire Station. They are offering to purchase 267 square feetfor right-of-way for a fee -simple price of $1,300.00 or $4.88 per square foot. They have also requested a temporary construction easement of 1,007 square feet for rental value of $1,000.00. There is also an offer to reimburse the City for the masonry wall, the length of which is approximately 40 feet long, and a flower bed, at a total value of $850.00. Total offer on this tract $3,150.00. Documents attached. The masonry wall mentioned above will not be replaced, but the Highway Department has confirmed that the elevation will be changed to eliminate the need for this wall. The second offer is on a portion of property currently owned by the City, south of the intersection of Wedington Drive and Garland Avenue. It is physically located just South of the driveway of UARK Federal Credit Union. They are offering to purchase 117 square feet of additional right-of-way at about $2.14'per square foot for an offer of $250.00. This tract of land is property that the Planning Division required to be dedicated to the City to meet their requirements for a large scale development. (I have enclosed a copy of the deed of this area to the City for your records.) The offer letter and appraisal summary are attached. The Engineering Division has reviewed the areas being requested and find no reason not to sell these areas to the Arkansas State Highway and Transportation Department for additional right-of-way of Garland Avenue. Feel.free to call Sid Norbash at ext. #205, myself at ext. #414 or Ed Connell at ext. #415 if you have any additional questions or concerns. STAFF REVIEW FORM • _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF April 2, 2002 MAYOR'S APPROVAL FROM: Holly Jones, Land Agent Engineering Name Division Department ACTION REQUIRED: A Resolution to authorize the sale of City owned real estate and a construction easement along Garland Avenue to the Arkansas State Highway and Transportation Department for a contractual amount of $3,400.00. COST TO CITY: Cost of this Request Account Number Category/Project Budget Funds Used to Date Category/Project Name Program Name Project Number Remaining Balance Fund — Budgeted Item Budget Adjustment Attached Budget Cramditator /`'l A-pry{o £-L Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 3 aZ A �� gcM�er Date City Attorney Date Purchasing Officer Date STAFF RECOMMENDATION: Divisio Head Date 03 �V "O2 Date / Z Z/oa DLaZ Date PJQA &5I A€5S-_--- aAnJoc I ternal A for Date ADA Coordinator New Item: Yes No Previous Ordinance! Resolution No.: Date FAYETTEV1LE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Holly Jones, Engineering Division From: Heather Woodruff, City Clerk Date: April 19, 2002 Please find attached a copy of Resolution No. 60-02 authorizing the sale of City owned real estate and a construction easement along Garland Avenue to the Arkansas State Highway and Transportation Department. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Jim Beavers, City Engineer 010 03 City of Fayetteville update W ndex Maintenance Document ite Action Reference Date Ref. Taken Brief D RES 4162002 60-02 _ SALE O Enter Keywords........: File Reference #... ...: security class........: Expiration Date.......: Date for Cont/Referred: Name Referred to......: RES. 60-02 SALE CITY OWNED REAL ESTATE CONSTRUCTION EASEMENT GARLAND AVENUE ARKANSAS STATE HIGHWAY TRANSPORTATION DEPARTMENT CONTRACTUAL $3.400.00 MICROFILM 5/07/2002 7:36:39 F escription CITY OWNED REAL ESTATE - - - - - - - - - - - - - - - - Retention Type: **** Active *** Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp. A JOB NAME Maple Street — Highway 112S (Fayetteville) JOB 040273 ' o/ TRACT 12 FAP STPH-9142(9) CONTRACT TO SELL REAL ESTATE FOR HIGHWAY PURPOSES Grantor City of Fayetteville Address 113 West Mountain, Fayetteville, AR 72701 Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save and except the oil and gas only therein and thereunder, situated in the County of Washington, State of Arkansas, to wit: LEGAL DESCRIPTION Part of Lot 11, Block 13 of Rose Hill Addition to the Town of Fayetteville, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast Corner of Lot 7, Block 13 of Rose Hill Addition, said point also being on the Northerly existing right of way line of Cleveland Street; thence North 87° 15' 56" West along said existing right of way line a distance of 140.06 feet to a point on the Easterly existing right of way line of State Highway 112; thence North 02° 42' 23" East along said existing right of way line a distance of 210.34 feet to a point on the Easterly proposed right of way line of Arkansas State Highway 112 for the point of beginning; thence continue North 02° 42' 23" East along the Easterly existing right of way line of Arkansas State Highway 112 a distance of 39.57 feet to a point on the North line of Lot 11; thence South 86° 44' 00" East along said North line a distance of 13.48 feet to a point on the Easterly proposed right of way line of State Highway 112; thence South 210 34 30" West along said proposed right of way line a distance of 41.67 feet to the point of beginning and containing 267 square feet more or less. JK/11 9/26/01 PREAUDITED AND ACCEPTED: Property Manager to Negotiator By13f Date O, LI o ARKANSAS STA'IIGHWAY & TRANSPORTATIO•EPARTMENT Right of Way Division - Administrative Section 5 ,15.02 - CLOSING STATEMENT City of Fayetteville Job 040273 113 W. Mountain Drive Tracts 12,E & 27 Fayetteville, Arkansas 72701 Fap STPH-9142(9) Total Purchase Price Less Salvage Retained Total Consideration Paid Grantor Le _ „6i�W≥ ��� on ..-zimi l true and correct statement of the cl ng of subject tract compensation therefor. $ 3,400.00 -0- $ 3,400.00 certify that this is a and payment of just I,(We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed I (We) have executed. I. -, I. I ,�. 11 For tax purposes we are tabulating the values as appraised, optioned and paid. A 1099-S of gross proceeds must be submitted to the IRS for your Federal ID# / Social Security# APPRAISAL OPTION Tract 12 (267 Sf) $ 1,300.00 Admin. Settlement -0- Tract 27 (117 Sf) $ 250.00 Total $ 3.400.00 TCE Rental $ 1,000.00 Less Salvage Value of Improvements $ 850.00 Improv. Retained -0- Severance Damage -0- TOTAL $ 3.400.00 TOTAL PAID $ 3,400.00