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Home My WebLink About135-03 RESOLUTION• • • RESOLUTION NO. 135-03 A RESOLUTION TO DECLARE CITY OWNED PROPERTY AS RIGHT OF WAY FOR GREGG AVENUE WHEREAS, the City of Fayetteville obtained by deed property adjoining Gregg Avenue to be used for the proposed widening of Gregg Avenue from NANCHAR, Inc. and/or Marjorie S. Brooks; and WHEREAS, the State Highway Department desires that this land be officially dedicated as Gregg Avenue right of way. 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 declares that the property mentioned above and more particularly described in Exhibit "A" (attached) as Gregg Avenue right of way. This property may be used by the Arkansas Highway and Transportation Department for the much needed widening of Gregg Avenue. PASSED and APPROVED this the 2nd day of September, 2003. APPROVED: By ATTEST: By:Qlt i S DRA SMITH, City Clerk NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 135-03 Document • 1 08/26/03 Staff Review Form w/attachments draft resolution memo to Mayor Coady copy of Warranty Deed copy of Warranty Deed copy of easement 2 09/04/03 memo to Paul Libertini/Holly Jones NOTES: STAFF RE .W FORM — NON—FINANCIAL 'DELIA/ION X AGENDA REQUEST For the Fayetteville City Council Meeting of: .QGa- /003 September -t6 2003 YRQd: Paul Lil ini/Hol Jones Engineering Name Community Planning & Engineering Services Division Department ACTION REQUIRED: A resolution declaring property, previously acquired by the City from Nanchar, Inc. and Marjorie Lee Steele Brooks, be designated as Gregg Avenue Right of Way. 210440Y EEDLANATION: The City of Fayetteville has been deeded certain lands by Nanchar, Inc. and Marjorie Lee Steele Brooks for the purpose of widening Gregg Avenue — no resolution was issued declaring these lands as right of way. The Arkansas State Highway Commission is requiring a Resolution of the Council to confirm our Intent to use this property as the permanent right of way of Gregg Avenue, and make this public knowledge. Attached please find the legal description of the property in question. STAFF RECOA! nmAT ON: Staff recommends approval of said resolution. Cify Attorney Depar ector Finance c Internal Services Dir. Date k/z I(o) Date Date 7-12••63 Date Chief'•'ni trative Officer Received in Mayor's Office Cross Reference: Previous Ord/Resp: Orig. Contract Date: Orig. Contract Number: New Item: Yes No • • RESOLUTION NO. A RESOLUTION TO DECLARE CITY OWNED PROPERTY AS RIGHT OF WAY FOR GREGG AVENUE WHEREAS, the City of Fayetteville obtained by deed property adjoining Gregg Avenue to be used for the proposed widening of Gregg Avenue from NANCHAR, Inc. and/or Marjorie S. Brooks; and WHEREAS, the State Highway Department desires that this land be officially dedicated as Gregg Avenue right of way. 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 declares that the property mentioned above and more particularly described in Exhibit "A" (attached) as Gregg Avenue right of way. This property may be used by the Arkansas Highway and Transportation Department for the much needed widening of Gregg Avenue. PASSED and APPROVED this the 16th day of September, 2003. ATTEST: By SONDRA SMITH, City Clerk APPROVED: By: DRAT i DAN GOODY, Mayor • Exhibit to Staff Review Form • 1 L i Gregg Avenue Right of Way as obtained from Marjorie S. Brooks and NANCHAR, Inc. on May 11, 1998: A part of the North Half of the Southeast Quarter and a part of the Northeast Quarter of Section 27, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a State Monument at the Southeast comer of said Section 27; thence along the east boundary of said Section 27, North 02°28'46" East, 1385.54 feet to a point on the north right of way U.S 71 Bypass, and continuing thence along said right of way North 69°22'49" East, 1.56 feet to a point; thence North 02°34'19" East, 1088.91 feet to a concrete monument; thence North 86°54'28" West, 1549.37 feet to the east right of way of the Arkansas-Missoun Railroad (St. Louis and San Francisco Railroad); thence along said railroad right of way North 01°33'44" East, 1153.00 feet; thence leaving said nght of way South 88°25'30" East, 78.00 feet to the point of beginning; thence South 09°41'15" West, 202.13 feet; thence North 88°37'43" West, 11 44 feet; thence South 01°33'44" West, 953.09 feet; thence South 86°54'28" East, 40 02 feet; thence North 01°33'44" East, 1154.30 feet to the point of beginning and containing 41,011 square feet (0.941 acres), more or less • • FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: Fayetteville City Council THRU: Dan Coady, Mayor ,y Hugh Earnest, Chief Administrative Officer/ Greg Boettcher, Water & Wastewater Director Tim Conklin, Director of Com, unity Planning & Engmeenng Services ? Gary Coover, City Engineer Paul Libertini, Staff Engin FROM: Holly Jones, Land Agent SUBJECT: Gregg Avenue Widening DATE- August 13, 2003 Background: In 1998, the City of Fayetteville obtained right of way along Gregg Avenue for the purpose of widening Gregg and to aid the Arkansas State Highway Department in the Gregg Avenue Bridge project. During the process of obtaining right of way, it was discovered that a portion of existing Gregg Avenue was within the description of property owned by NANCHAR, Inc. and Marjorie S. Brooks, and that the property owners were paying taxes on it. We prepared a deed to that portion already in Gregg Avenue in order to remove that portion from their tax bill and to have that portion already being used as Gregg Avenue dedicated to the City. We also obtained an additional 41,011 square feet, at that time, for the proposed widening of Gregg Avenue, by deed. Current Status: The Highway Department is currently negotiating for right of way along Gregg Avenue. The State has now requested Council to approve a resolution stating that the property we obtained in 1998 from NANCHAR, Inc. and Marjorie S. Brooks, be declared the public right of way of Gregg Avenue. Recommendation: Engineering staff respectfully recommends that this request for a resolution declaring property we own as right of way for Gregg Avenue, be approved. 'Gregg Street Right of Wry throe) W 765)15773010 --CORRECTION-- WARRANTY DEED CORPORATION • (This doormen is to correct ped Reference 9803070. of the records of Ine 01tioe of Ilse Circuit Clerk and Ex -Officio Recorder of Washington (tiny. Arkansas. recorded Jan. 15. 1998.) BE IT KNOWN BY THESE PRESENTS: PILED FOR SEOOiiD '5)8 fiflY 13 Fl 8 42 iiwSiii;'OTOR co AR K. i-AT.UESS • THAT Marjorie S. Brooks and NANCHAR, Inc.. an Arkansas corporation. hereinafter called GRANTOR, for and in consideration of the sum Z One Dollar ($1.00) and other good and valuable consideratiorrthe receipt of which is hereby acknowledged, does hereby grant. bargain. sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns. the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the North Half (NIA) of the Southeast Quarter (SE i) and a part of the Northeast Quarter (NE % ) of Section 27, Township 17 North. Range 30 West, Washington County, Arkansas. being more particularly described as follows: Commencing at a State Monument at the Southeast corner of said Section 27; thence along the east boundary of said Section 27, North 02 28' 46' East. 1385.54 feet, to a point on the North right-of-way of U.S. 71 Bypass. and continuing thence along said right-of-way North 69 22' 49' East, 1.56 feet to a point; thence North 02 34' 19' East. 1088.91 feet to a concrete monument; thence North 86i 54' 28' West. 1549.37 feet to the east right-of-way of the Arkansas - Missouri Railroad (St. Louis and San Francisco Railroad); thence along said railroad right-of-way North 01' 33' 44' East, 1153.0 feet; thence leaving sald right-of-way South 88 25' 30' East. 78.00 feet; to the Point of Beginning; thence South 09 41' 15' West, 202.13 feet; thence North 88 37' 43' West. 11.44 feet; thence South 01. 33' 44' West, 953.09 feet, thence South 88 54' 28' East, 40.02 feet; thence North 01' 33' 44' East, 1154.30 feet. to the Point of Beginning and containing 41.011 square feet (0.941 acres), more or less. The bearings and distances in the above description are based upon the description and drawing for CMN Business Park North, Drawing No. E-402, dated 06.1995, last revised 08.1297, by Milholland Company, Fayetteville, Arkansas. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns. forever. And the said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same Is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. �z r, WITNESS the execution hereof on this // day of .n 1997 BY: Al iEST: Charlotte Steele. Secrdtary Marjorie S. Brooks NANCHAR, Inc s / v lkl.4/4— Nancy S. A ibeco, President (CORPORATE SEAL) 98040266 CORRECTION -- WARRANTY DEED Brooks/NANCHAR, Inc. • Page 2 of 2 STATE OF ARKANSAS COUNTY OF WASHINGTON • • ACKNOWLEDGMENT ) ) 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 Marjorie S. Brooks. a single person. to me well known as the person who executed the foregoing document. and who stated and acknowledged that she had so signed. executed and delivered said instrument tor the consideration. uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this // day of y r.:.: a SEAL Y �Ib11SSION FXP{R `"son ` ,• AR I .. _ 'T.... s..s22 20031 1912 a Notary Public STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ) 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 Nancy S. Rubeck, to me well known. who stated that she Is the President of NANCHAR. Inc.. an Arkansas Corporation. and is duly authorized in her capacity to execute the foregoing Instrument for and in the name and behalf of said corporation, and further stated and acknowledged that she had so signed, executed and delivered said Instrument for the consideration. uses and purposes therein mentioned and set forth. cct,,,,,,��,,, ___ WITNESS my hand and seal on this /1 day of / r'�y 19 S,i.�i MY OFFICIAL SEAL alk Michele A. Harringcton u Washington Co.. AR Notary Public i� 4,111111. m,. ACKNOWLEDGMENT STATE OF ARKANSAS ) ) COUNTY OF WASHINGTON ) BE rT REMEMBERED. that on this date. before the undersigned. a duly commissioned and acting Notary Public within and for said County and State. personally appeared Charlotte Steele. to me well known, who stated that she is the Secretary of NANCHAR. Inc.. an Arkansas Corporation, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said corporation. and further stated and acknowledged that she had so signed. executed and delivered said instrument for the consideration. uses and purposes therein mentioned and set forth. WITNESS my hand and se I on this 1.7 day of MY COMMISSION EXPIRES: EAL MNOT AHIJBUC11 NOTARY PUBUC Washington Co.. AR 192y /K�LLf�J L/ Notary Public 98040267 . Gregg Street Right of riay Parcel No. 76515773-010 • --CORRECTION-- WARRANTY DEED CORPORATION (This document is to correct Deed Reference 98.03070. of the records of the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. recorded Jan. 15. 1998.) BE IT KNOWN BY THESE PRESENTS: FILER '98 FIRM 13 fi'1 8 42 i Abr :;GTO: 00 „R K.r-':. ;MESS Olio THAT Marjorie S. Brooks and NANCHAR, Inc., an Arkansas corporation. hereinafter called GRANTOR, for and in consideration of the sum -61 One Dollar ($1.00) and other good and valuable consideratiorrthe receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the North Half (NV2) of the Southeast Quarter (SEA) and a part of the Northeast Quarter (NE/.) of Section 27, Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows: Commencing at a State Monument at the Southeast corner of said Section 27; thence along the east boundary of said Section 27, North 02 28' 46" East, 1385.54 feet, to a point on the North right-of-way of U.S. 71 Bypass, and continuing thence along said right-of-way North 69 22' 49" East, 1.56 feet to a point; thence North 02 34' 19" East, 1088.91 feet to a concrete monument; thence North 86 54' 28" West, 1549.37 feet to the east right-of-way of the Arkansas - Missouri Railroad (St. Louis and San Francisco Railroad); thence along said railroad right-of-way North 01' 33' 44" East, 1153.0 feet; thence leaving said right-of-way South 88 25' 30" East, 78.00 feet; to the Point of Beginning; thence South 09 41' 15" West, 202.13 feet; thence North 88 37' 43" West, 11.44 feet; thence South 01' 33' 44" West, 953.09 feet; thence South 86 54' 28" East, 40.02 feet; thence North 01. 33' 44" East, 1154.30 feet, to the Point of Beginning and containing 41,011 square feet (0.941 acres). more or less. The bearings and distances in the above description are based upon the description and drawing for CMN Business Park North, Drawing No. E-402, dated 06-1995, last revised 08-12-97, by Milholland Company, Fayetteville, Arkansas. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor, hereby covenants that it is lawfully seized of said lands and premises; that the same Is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this // day of >7C, ATTEST: "- Charlotte Charlotte Steele, Secr&tary BY: ;L,.. 199! Marjorie S. Brooks NANCHAR, Inc. Q /7 4 i #-*` '/c Nancy S. RUbeck, President i2 i s .1 s'attL' (CORPORATE SEAL) 95040"66 CORRECTION -- WARRANTY DEED Brooks/NANCHAR, Inc. Page 2 of 2 STATE OF ARKANSAS COUNTY OF WASHINGTON • • ACKNOWLEDGMENT ) ) ) 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 Marjorie S. Brooks, a single person, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she 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 1/ day of `74141 19 9P C::r...!?1 SEAL mgton MY .IMISSION EXP ., IC 1,.'/ Xs.'.o. '• Co.. AR I v Notary Public STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ) ) 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 Nancy S. Rubeck, to me well known, who stated that she is the President of NANCHAR, Inc., an Arkansas Corporation, and is duly authorized in her capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that she 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 OFFICIAL SEAL Michele A. Harrington LIC ;,•/ Wash i • on Co.. AR 1 Y 744,42,eQ 195? /i� Notary Public STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ) ) ) 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 Charlotte Steele, to me well known, who stated that she is the Secretary of NANCHAR, Inc., an Arkansas Corporation, and is duly authorized in her capacity to execute the foregoing Instrument for and in the name and behalf of said corporation, and further stated and acknowledged that she 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 1/ day of / 19 YF MY COMMISSION EXPIRES: �ty Washington Co., AR _ 1. OPFuCIAL SEAL I Michela• A. Harrington NOTARY PUBLIC 7 r�LLJ,r Notary Public 98040267 • Cancer t CAM pock bclwetr. ctrnxriIAPp • 5 '*? E'.t, (qu-- p5z2.77) FAYETTEVtLLE THE CIT' OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • TO: Paul Libertini/Holly Jones Engineering FROM: Sondra Smith City Clerk DATE: 09/04/03 SUBJECT: Right of Way Dedication Gregg Avenue Attached is a signed copy of Resolution No. 135-03. The original resolution will be microfilmed and filed with the City Clerk. Thanks! Sondra Smith City Clerk cc• Nancy Smith, Internal Auditor