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Home My WebLink About60-02 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