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HomeMy WebLinkAbout182-04 RESOLUTION• • RESOLUTION NO. 182-04 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND REINDL PROPERTIES, INC. TO EXCHANGE REAL PROPERTY TO ACCOMMODATE THE CONSTRUCTION OF A PORTION OF THE CENTER -PRAIRIE MULTI -USF. TRAIL. 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 an Agreement between the City of Fayetteville and Reindl Properties, Inc. to exchange real property to accommodate the construction of a portion of the Center -Prairie Multi -Use Trail. A copy of the Agreement marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said Agreement with Reindl Properties, Inc. PASSED AND APPROVED this 16th day of November 2004. ATTEST By: v•b1Y OF •.'.p); AI I ROVED: • .U• •-� ;FAYETTEVILLE' 0.75: AI{ANSP: N SONDRA SMITH City Clerk DAN COODY, M • • AGREEMENT This Agreement executed this 16th day of ALM „ t btr 2004, between the City of Fayetteville, Arkansas, a municipal corporation, and Reindl Properties, Inc., witnesseth: IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. Reindl Properties, Inc. shall: a. donate the property more particularly described in Exhibit A, attached hereto and made a part hereof, (approximately 5,203 sq. ft.) to the City of Fayetteville for construction of a multi -use trail; b. at its expense, have all power poles, overhead electrical lines, transformers and ground mounted equipment removed from Area A (as depicted on the map marked Exhibit B, attached hereto and made a part hereof); c. at its expense, remove all damaged paving from Area B (as depicted on the map marked Exhibit B), and install parking, cross walks and drive lanes to City of Fayetteville standards within 18 months of the execution of this agreement; d. install and maintain approximately 4,423 sq ft. of landscaping in Arca B; e. remove the one story metal building on the western portion of the property within 18 months of the execution of this agreement. 2. The City of Fayetteville shall: a transfer title to the property more particularly described in Exhibit A (approximately 21,402 sq. ft.) to Reindl Properties. Inc.; b. construct a multi -use trail, built to City standards, within 18 months of the execution of this agreement. 3. Non -assignability. Neither party may assign any of its rights or obligations under this Agreement, without the express written consent of the other. Nor shall this Agreement be construed to bestow any rights or benefits upon anyone other than Reindl Properties. Inc., and the City of Faycttcvillc. 4. Exclusivity. The parties agree and understand that this Agreement is exclusive of any and all other Agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such Agreements. 5. Non -waiver. It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law or equity in the event of one or more breaches or defaults by any party under the Agreement shall not he construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in the event of any subsequent breach or default. 6. Governing Law. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 7. Severabilitv Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 8. Modification. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville, and Reindl Properties. Inc. 9. Warrant of Authority. Each of the undersigned warrants that he or she has the full right, power and authority to execute this contract on behalf of the party indicated for the purposes herein contained. IN WITNESS WHEREOF, the City of Fayetteville this Agreement on or as of the date first written above. ..r....... . tU• � :FAYETTEVILLE: :vs•9RKANSP�W By: 1L 7/YI C�I.�J ATTEST: SON RA SMITH, City Clerk 2 CIT and Reindl Properties. Inc. have executed Y OF FAYETTEVILLE, ARKANSAS By: AN COODY, Mayor REINDL PROPERTIES. INC. By: ii)141- 14,V Name & Title Nov 05 04 l2:1ep Mand, Bunch • c U / LEGAL TO BE FAX 479-444-„ 93 p.3 • � • • Part of Parcel No 765-01743-000 QUITCLAIM DEED BE IT KNOWN BY THESE PRESENTS: THAT Reindl Properties, Inc., an Arkansas corporation, hereinafter called GRANTOR, for and in consideration of the deed of the land from the City of Fayetteville to Reindl Properties, Inc. and the other promises within the November 16, 2004 agreement, the receipt of which is hereby acknowledged, do hereby grant, sell and quitclaim unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, all of our right, title and interest, in and to the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the Southeast Quarter (SE1/4) of the Northwest Quarter (NW 1/4) of Section Sixteen (16), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, and a part of Block Eight (8) in the Original Town (now City) of Fayetteville, Arkansas, as designated upon the Original Plat of said Town on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas and also a part of said Block Eight (8) lying 8.5 feet wide on each side of the Burlington Northern and Santa Fe Railway Company's (formerly O. & C.C.) Main Track, altogether being more particularly described as follows: commencing at the Northeast comer of said Block Eight (8); thence N89°59'13"W along the North line of said Block Eight (8) 83.92 feet to the True Point of Beginning, said point being 8.5 feet East and perpendicular to the centertine of the old O. 8 C.C. Main Track of the St. Louis -San Francisco Railway Company, thence S29°26'16"W feet parallel with the centerline of said railroad track 240.92 feet to a set %" iron rebar on a 758 fool radius curve which is concave to the East; thence Southwesterly, parallel with the centerline of said railroad track and along said curve 128.19 feet to a set Y2" iron rebar on the North right-of-way of Meadow Street, the chord for which being S22°22'23"W 128.04 feet; thence S89°49'06"W along the north right-of-way of Meadow Street 12.59 feet to a point which is 3.5 feet West of and concentric with the centerline of said railroad track, said point being on a 770 foot radius curve which is concave to the East; thence leaving the North right-of-way of Meadow Street Northeasterly, parallel with the centerline of said railroad track and along said curve 120.01 feet, the chord for which being N21 °42'30"E 119.89 feet to a set ''/1" iron rebar; thence N63°49'35"W 5.00 feet to a chiseled 'X' which is 8.5 feet West of and concentric with the centerline of said railroad track, said point being on a 775 foot radius curve which is concave to the East; thence Northeasterly. parallel with the centerline of said railroad track and along said curve 14.13 feet to a chiseled 'X', the chord for which being N26°41'45"E 14.13 feet; thence N29°26'16"E along a line which is parallel with the centerline of said railroad track 114.75 feet to a set W iron rebar; thence S60°49'59"E 2.02 feet to a set %1" iron rebar' thence N29°46'16"E 95.27 feet to a set %t" iron rebar, said point being on a 16.5 foot radius curve which is concave to the West; thence along said curve 30.92 feet, the chord for which being N39°54'04'E 26.59 feet; thence S89°59'13"E 11.02 feet to the Point of Beginning, containing 0.12 acres (5203.0 square feet), more or less. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. WITNESS the execution hereof on this (3- day of 1,4JUAV`7 2005. ATTEST: 1:;(1 Il i I d , ent By: REINDL PROPERTIES, INC. Brian Reindl, President (SEAL) • • QUIT CLAIM DEED Reindl Properties, Inc. Paget oft 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 Brian Reindl and Missy Reindl, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the President and Vice -President, respectively, of Reindl Properties, Inc., an Arkansas corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said 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. 11 ma�yy.{{,� WITNESS my hand and seal on this (J"' day of JariuQYki MY COMMISSION EXPIRES. ,2005. JENNIFER C. HARDIN Washington Cour ty My Commission Expires April 16, 200g fPubtic Nov 05 04 12:18p COR. 10( Mandy Bunch • 479-444-7793 • p.2 SURVEY DESCRIPTION: PROPOSED SPLIT A PART OF THE SOUTHEAST QUARTER (SEI/4) OF THE NORTHWEST QUARTER (NV/1/4) OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, AND A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVI ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOW ON FILE 111 THE OFFICE OF THE CIRCUIT CLERK AND EX - OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND ALSO A PART OF SAID BLOCK EIGHT (8) LYING 8.5 FEET WIDE ON EACH SIDE OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY O. & C.C.) MAIN TRACK, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE N89°59' 13"W ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) 83.92 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING 8.5 Ptah 1 EAST AND PERPENDICULAR TO THE CENTERLINE OF THE OLD O. & C.C. MAIN TRACK OF THE ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY; THENCE S29°26'16"W FEET PARALLEL WITH THE CENTERLINE OF SAID RAILROAD TRACK 240.92 FEET TO A SET IS" IRON REBAR ON A 758 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE EAST; THENCE SOUTHWESTERLY, PARALLEL WITH THE CENTERLINE OF SAID RAILROAD TRACK AND ALONG SAID CURVE 128.19 FEET TO A SET S4" IRON REBAR ON THE NORTH RIGHT- OF-WAY OF MEADOW STREET, THE CHORD FOR WHICH BEING S22°22'23"W 128.04 ?ELI; THENCE S89°49'06"W ALONG THE NORTH RIGHT-OF-WAY OF MEADOW STREET I2.59 FEET TO A POINT WHICH IS 3.5 FEET WEST OF AND CONCENTRIC WITH THE C ENTERLWE OF SAID RAILROAD TRACK, SAID POINT BEING ON A 770 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE EAST; THENCE LEAVING THE NORTH RIGHT-0FWAY OF MEADOW STREET NORTHEASTERLY PARALLEL r r E WITH THE ALINE OF SAID RAILROAD TRACK AND ALONG SAID CURVE 120.01 FEET, THE CHORD FOR WHICH BEING N21 °42'30't 119.89 FEET TO A SET 34" IRON REBAR; THENCE N63°49'35"W 5.00 FEET TO A CHISELED 'X' WHICH IS 8 5 FEET WEST OF AND CONCENTRIC WITH THE CENTERLINE OF SAID RAILROAD TRACK, SAID POINT BEING ON A 775 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE EAST; THENCE NORTHEASTERLY, PARALLEL WITH THE (ENTF-RLINE OF SAID RAILROAD TRACX AND ALONG SAID CURVE 14.13 FEET TO A CHISELED 'X', THE C FIORD FOR WHICH BEING N26°41'45"E 14.13 FEET; THENCE N29°26' 16"E ALONG A LINE WHICH IS PARALLEL WITH THE CENTERLINE OF SAID RAIIROAD TRACK 114.75 FEET TO A SET 54" IRON REBAR; THENCE S60°49'59'E 2:02 FEET TOA SET S4" IRON REBAR; THENCE N29°46'16'E 95.27 FEET TO A SET S4" IRON REBAR, SAID POINT BEING ON A 16.5 FOOT RADIUS CURVE WHICH IS CONCAVE ID THE WEST; THENCE ALONG SAID CURVE 30.92 FEET, THE CHORD FOR WHICH BEING N39°54'04'E 26 59 FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES (5203.0 SQUARE FEET), MORE OR LESS. r °' FDA- w 'aft_ Tom' • " cheats` tuOL PAop2A tS1 7oc4.7 NOV-05-2004 FRI 02:31 P11 ALAN REID AND ASSC • 15014440964 • P. 02 $URVEYDEVCRIP77ON A PART OF BLOCK NUMBERED EIGHT (8), A PART OF BLOCK NUMBERED SEVEN (7), A PART OF THE RIGHT -OF -WAY OF SPRING STREET, THE VACATED PORTION OF SPRING STREET AS PER CITY ORDINANCE #1513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE VACATED PORTION OF GREGO AVENUE AS PER CITY ORDINANCE 11070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE N89°59' 13"W 83.92 FEET ALONG THE NORTH UNE OF SAID BLOCK EIGHT (8) TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING. THENCE N89°39' 13' 1V 62.10 FEET TO AN EXISTING CHISELED "X" IN A CONCRETE SIDEWALK- THENCE SO0°46' 15"E 6.03 FEET TO A POINT WHICH LANDS INSIDE AN EXISTING BUILDING; THENCE N89°58'40"W 184.51 FEET TO AN EXISTING IRON REBAR; THENCE NO0°46' 15 "W 28.00 FEET TO AN EXISTING IRON REBAR; THENCE N89°59' 13"W 17.00 FEET TO AN EXISTING IRON REBAR; THENCE S0O°46' 15"E 24.88 FEET TO AN EXISTING IRON REBAR; THENCE N89°59' 13"W 17.00 FEET TO AN EXISTING IRON REBAR ON THE EAST RIGHT-OF-WAY UNE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE LEAVING SAID RIGHT-OF-WAY LINE N32°25'02"E 29.94 FEET; THENCE N25°05'28"E 5525 FEET; THENCE N65°53'54"E 49.99 FET; THENCE N82°43'49"E 25 43 FEET; THENCE N89°55'57"E 60.65 FEET; THENCE S73°31'53"E 13.42 FEET; THENCE S30°51'32"E 37.15 FET; THENCE S89°57'40"E 77.68 FEET; THENCE S00°00'47"W 60.45 FEET TO THE POINT OF BEGINNING, CONTAINING 0.49 ACRES (21,402.4 SQUARE FEET), MORE OR LESS. NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 182-04 w/agreement & quit claim deed D • NOTES: 1 10.18.04 memo to mayor & City Council 2 draft resolution 3 draft agreement 4 memo to Gary Dumas 5 proximity map 6 site diagram & multi -use trail 7 letter and photos from Rob Sharp 8 copy of Res. 5-90 g Staff Review Form 10 draft agreement 11 copy of map & survey description 12 copy of site diagram & multi -use trail 13 copy of proposed trail corridor 14 copy of proximity map 15 11.23.04 memo to Steve Hatfield 16 Staff Review Form 17 01.06.04 memo to mayor 18 copy of warranty deed 19 copy of site diagram, parking & multi -use trail 20 copy of terms & conditions 21 NOTES: FAY g I'1'EVILLE PARKS S RCCRC*TION • MEMORANDUM • 2�5 ('/t ./ay /8t /fzrni1/ P8rtas/. Ce*i/tr- ffaInt/ Date: To: Mayor Dan Comfy and City Council Members Thru Gary Dumas, Director of Operations Connie Edmonston, Parks and Recreation Director 10/18/04 From: Reference: Subject: Steve Hatfield, Park Landscape Architect, Trails & Greenways Coordinator Center Prairie Trail Expansion Trail Corridor Extension Recommendation: City administration and Parks and Recreation Staff recommend entering into an agreement with Brian Reindl to secure the trail corridor across his property. This corridor will provide a vital connection to Dickson Street, Fayetteville's entertainment district, and the University of Arkansas. The agreement recommends the acquisition be accomplished through an exchange of properties that is of benefit to the public. The ordinance used by the city in disposing of property is not applicable under this agreement, given that no sale of land is occurring. Background: The Center Prairie Trail is a multi -use trail project that is located near downtown Fayetteville. One segment is under construction and travels from Prairie Street to Center Street. Another segment is complete from Sixth Street to Prairie. Street. This project has been discussed for years and the property from Prairie Street to Center Street was purchased in 2001. The identified alignment includes a connection all the way from Dickson Street to the North and to Sixth Street on the South. This project will include seating areas and lighting compatible and complimentary to the fixtures that were installed on Dickson Street. In order to make the connection to Dickson Street, land for two more segments must be secured. One segment runs from the North side of Center Street to Meadow Street. The second and final segment runs from Meadow Street to the Walton Art Center Parking lot. The two property owners potentially affected by the ideal trail alignment are working with the City to ensure the best possible trail. The trail corridors, both existing and proposed, are shown on the attached map. Funding for the completion of this project will come from funds designated for Trial Development. Current Status: Construction of the Prairie to Center section is approximately 75% complete. The property from Center Street to Meadow Street is currently going through the planning process for a mixed use development. The development includes a public trail, located ideally to tie into the segment currently under construction. The final segment to the North can be secured with the approval of the attached proposal from the property owner, Brian Reindl. The property recommended is shown on Attachment A. In order to secure this crucially important parcel, City Staff and Mr. Reindl have carefully worked through an agreement that we believe is of benefit to both parties. 1 City of Fayetteville Parks and Recreation Division 113 W. Mountain Street, Fayetteville, Arkansas 72701 Telephone: 501-718-7688 E-mail: shatfield@ci.fayetteville.ar.us di • • The terms and conditions in the proposed agreement between the parties are as follows: Reindl Properties • Donate all properties in area A (approximately 5,202 sq. ft.) to the City of Fayetteville for construction of a multi- use trail. • Reindl Properties will have all power poles, overhead electrical lines, transformers and ground mounted equipment removed from Arca A at their expense. • Reindl Properties will remove all damaged paving from Area 13 and install parking, cross walks and drivelanes to City of Fayetteville standards within 18 months at their expense. • Reindl Properties will install and maintain approximately 4,423 sq ft. of landscaping in Arca B • Reindl Properties will remove the one story metal building on the west portion of the property within 18 months. The City of Fayetteville • The City will transfer title to all property in Area B (approximately 21,938 sq.ft.) to Reindl Properties • The City will construct a multi -use trail, built to City standards, within 18 months. City staff has also visited with representatives from the Walton Art Center and has received assurances that they see no problem with the proposed trail corridor that is adjacent to the Naudine Baum Center. Budget Impact As stated in the memo, we have sufficient funds in our capital budget for construction of this trail. Attachments: 2 City of Fayetteville Parks and Recreation Division 113 W. Mountain Street, Faycncvillc, Arkansas 72701 Telephone: 501-718-7688 E-mail: shatfield@ci.fayettevillc.ar.us • • RESOLUTION NO. A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE AND REINDL PROPERTIES, INC. TO EXCHANGE REAL PROPERTY TO ACCOMMODATE THE CONSTRUCTION OF A PORTION OF THE CENTER -PRAIRIE MULTI -USE TRAIL. 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 an Agreement between the City of Fayetteville and Reindl Properties, Inc. to exchange real property to accommodate the construction of a portion of the Center -Prairie Multi -Use Trail. A copy of the Agreement marked Exhibit "A" is attached hereto and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkans9s hereby authorizes the Mayor and City Clerk to execute said Agreeme ifh Reindl Properties, Inc. / PASSED AND APPROVED this 16th day of NAve er 2 o P ATTR By: SONDRA S�VII�ity Cylt�c 1 APPROVELU: DAN. a, ODY, Mayor • • AGREEMENT This Agreement executed this day of 2004, between the City of Fayetteville, Arkansas, a municipal corporation, and Reindl Properties, Inc., witnesseth: IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. Reindl Properties, Inc. shall: a. donate the property more particularly described in Exhibit A, attached hereto and made a part hereof, (approximately 5,202 sq. ft.) to the City of Fayetteville for construction of a multi -use trail; b. at its expense, have all power poles, overhead electrical lines, transformers and ground mounted equipment removed from Area A (as depicted on the map marked Exhibit B, attached hereto and made a part hereof); c. at its expense, remove all damaged paving from Area B (as depicted on the map marked Exhibit B), and install parking, cross walks and drive lanes to City of Fayetteville standards within 18 months of the execution of this agreement; d. install and maintain approximately 4,423 sq ft. of landscaping in Area B; e. remove the one story metal building on the western portion of the property within 18 months of the execution of this agreement. 2. The City of Fayetteville shall: a transfer title to the property more particularly described in Exhibit A (approximately 21,938 sq. ft.) to Reindl Properties. Inc.; b. construct a multi -use trail, built to City standards, within 18 months of the execution of this agreement. 3. Non -assignability. Neither party may assign any of its rights or obligations under this Agreement, without the express written consent of the other. Nor shall this Agreement be construed to bestow any rights or benefits upon anyone other than Reindl Properties. Inc., and the City of Fayetteville. 4. Exclusivity. The parties agree and understand that this Agreement is exclusive of any and all other Agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such Agreements. 5. Non -waiver. It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law or equity in the event of one or more breaches or defaults • • by any party under the Agreement shall not be construed as a waiver of such provisions and conditions and shall not prevent the parties from invoking such remedies in thc event of any subsequent breach or default. 6. Governing Law. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 7. Severability. Each paragraph of this Agreement is severable from all other paragraphs. In thc event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 8. Modification. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the City of' Fayetteville, and Reindl Properties. Inc. 9. Warrant of Authority. Each of the undersigned warrants that he or she has the full right, power and authority to execute this contract on behalf of the party indicated for the purposes herein contained. IN WITNESS WHEREOF, the City of Fayetteville and Reindl Properties. Inc. have executed this Agreement on or as of the date first written above. ATTEST: By: SONDRA SMITH, City Clerk 2 CITY OF FAYETTEVILLE, ARKANSAS By: DAgOaDY, Mayor REINDL PROPE TIES. INC. �i . 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A= n ° CD 0 B CD S g° $ ° ycro3 za < • eary 7 NO M o O a $ y N. t, 5.- °Sa - a n S 'o N O0 C Cr 9 ^O' a .o N Fi C Q X2 g �' O Cr c: 9 °c ° o° a y D' o. n 2 0 f, m' o'v Pr. o .°°..? co 7• z Mo 0 5 am Encourage Quality Redevelopment in the Downtown Area • deMS purl pea ash tijnw cu co (continued on nest page) • 2|»]E 2-. 9?. =CD0 // CD �• /} /(� -ƒe/§E§ />Eno) 7§§ {§;ems&§ B,—$ &` ~E®a/ )3\ k/\* - {//|7 i/E et »o= __ =• i\ir&* /\jI\ \-o E\\\\ la -= a. ci:n k/B\ 11) ƒ{ \\}ƒ-. �1- [\\00a FP <A _ o, \�i\] .n --- E8° 5- 7 • aaR< 0= " 0 7���Pc n \� ©7t—.,§ -tz- §} n;\z �[k// Pi a/ ,n�COjk Decrepit Budding to be Removed within 18 months Reindl Properties would do the following: fm a �/B \# E jwm�- }~m /mak/ 0- \jc o— co 5 r. n'n \--- _§ )f§§. /\4} /\{ • 0 0 Co O z J C. *ED FOR. RECORD $o lflfl 6 PIS 3 52 WASHIhbiin CO AR A.KOLLMEYER RESOLUTION NO. 5-90 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN ENCROACHMENT AGREEMENT WITH THE GREGORY WAREHOUSE BUILDING OWNERS. lji- Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Encroachment Agreement with the Gregory Warehouse building owners for. use of land purchased lying under the building. A copy of the agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. ATTEST: APPROVED: By� 7/qtr. Mayor • LIMK 1356PAGE 564 STAFF REVIEW FORM - FINANCIAL OBLIGATION x AGENDA REQUEST CONTRACT REVIEW ,I GRANT REVIEW II D'! For the Fayetteville City Council Meeting of: November,(22004 FROM: Steve Hatfield Parks & Recreation Operations Name Division Department ACTION REQUIRED: Approval of land swap for vital trail corridor and connection to Dickson Street COST TO CITY: $0.00 Cost of this request 4470.9470.5806 Account Number 02016 Project Number $ 277,863.00 Trail Development Category/Project Budget $ 866.56 Funds Used to Date $ 276,996.44 Remaining Balance Budgeted Item Budget Manager Date CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date C 1(7/all City Attotney Date is irector Finance & Internal Services Dir I. / ii i Mayor nfstrative.Officer Program Category / Project Name Park Improvements Program / Project Category Name Sales Tax Capitol Fund Name Budget Adjustment Attached Internal Auditor Purchasing Manager Received in Mayor's Office Cross Reference: Date Previous Ord/Rest: Date Orig. Contract Date: Orig. Contract Number: Date .- I / New Item: Date != Date Date Date r8�2 oy IRe Inca. P✓t ai • AGREEMENT /1- This Agreement executed this day of 2004, between the City of Fayetteville, Arkansas, a municipal corporation, and Reindl Properties, Inc., witnesseth: IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. Reindl Properties, Inc. shall: a. donate the property more particularly described in Exhibit A, attached hereto and made a part hereof, (approximately 5,203 sq. R.) to the City of Fayetteville for construction of a multi -use trail; h. at its expense, have all power poles, overhead electrical lines, transformers and ground mounted equipment removed from Area A (as depicted on the map marked Exhibit B, attached hereto and made a part hereof); c. at its expense, remove all damaged paving from Area B (as depicted on the map marked Exhibit B), and install parking, cross walks and drive lanes to City of Fayetteville standards within I8 months of the execution of this agreement; • d. install and maintain approximately 4,423 sq ft. of landscaping in Area B; e. remove the one story metal building on the western portion of the property within 18 months of the execution of this agreement. 2. The City of Favetteville shall: a. transfer title to the property more particularly described in Exhibit A (approximately 21,402 sq. ft.) to Reindl Properties. Inc.; h, construct a multi -use trail, built to City standards, within 18 months of the execution of this agreement. 3. Non -assignability. Neither party may assign any of its rights or obligations under this Agreement, without the express written consent of the other. Nor shall this Agreement be construed to bestow any rights or benefits upon anyone other than Reindl Properties. Inc., and the City of Fayetteville. 4. Exclusivity. The parties agree and understand that this Agreement is exclusive of any and all other Agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such Agreements. • S. Non -waiver. It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law or equity in the event ofone or more breaches or defaults by any party under the Agreement shall not be construed as a waiver of such provisions and • conditions and shall not prevent the parties from invoking such remedies in the event of any subsequent breach or default. 6. Governing Law. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 7. Severabilit . Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 8. Modification. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville, and Reindl Properties. Inc. 9. Warrant of Authority. Each of the undersigned warrants that he or she has the full right, power and authority to execute this contract on behalf of the party indicated for the purposes herein contained. IN WITNESS WHEREOF, the City of Fayetteville and Reindl Properties. Inc. have executed this Agreement on or as of the date first written above. CITY OF FAYETTEVILLE, ARKANSAS • By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk REINDL PROPERTIES. INC. By: Name & Title • • AGREEMENT This Agreement executed this day of 2004, between the City of Fayetteville, Arkansas, a municipal corporation, and Reindl Properties, Inc., witnesseth: IN CONSIDERATION of mutual promises of the parties contained herein and other good and valuable consideration, the parties agree as follows: 1. Reindl Properties, Inc. shall: a. donate the property more particularly described in Exhibit A, attached hereto and made a part hereof, (approximately 5,203 sq. ft.) to the City of Fayetteville for construction of a multi -use trail; b. at its expense, have all power poles, overhead electrical lines, transformers and ground mounted equipment removed from Area A (as depicted on the map marked Exhibit B, attached hereto and made a part hereof); c. at its expense, remove all damaged paving from Area B (as depicted on the map marked Exhibit B), and install parking, cross walks and drive lanes to City of Fayetteville standards within 18 months of the execution of this agreement; • d. install and maintain approximately 4,423 sq ft. of landscaping in Area B; c. remove the one story metal building on the western portion of the property within 18 months of the execution of this agreement. 2. The City of Fayetteville shall: a. transfer title to the property more particularly described in Exhibit A (approximately 21,402 sq. ft.) to Reindl Properties. Inc.; b. construct a multi -use trail, built to City standards, within 18 months of the execution of this agreement. 3. Non -assignability. Neither party may assign any of its rights or obligations under this Agreement, without the express written consent of the other. Nor shall this Agreement be construed to bestow any rights or benefits upon anyone other than Reindl Properties. Inc., and the City of Fayetteville. 4. Exclusivity. The parties agree and understand that this Agreement is exclusive of any and all other Agreements, and that it in no way alters, amends or abridges any rights, obligations or duties of the parties contained in such Agreements. • 5. Non -waiver. It is agreed that the failure of any party to invoke any of the available remedies under this Agreement or under law or equity in the event of one or more breaches or defaults r by any party under the Agreement shall not be construed as a waiver of such provisions and • conditions and shall not prevent the parties from invoking such remedies in the event of any subsequent breach or default. 6. Governing Law. This Agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 7. Severability. Each paragraph of this Agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 8. Modification. This Agreement constitutes the entire understanding of the parties, and no modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the duly authorized agents of the City of Fayetteville, and Reindl Properties. Inc. 9. Warrant of Authority. Each of the undersigned warrants that he or she has the full right, power and authority to execute this contract on behalf of the party indicated for the purposes herein contained. IN WITNESS WHEREOF, the City of Fayetteville and Reindl Properties. Inc. have executed this Agreement on or as of the date first written above. ATTEST: By: SONDRA SMITH, City Clerk CITY OF FAYETTEVILLE, ARKANSAS • By: DAN COODY, Mayor REINDL PROPERTIES. INC. By: Name & Title • Nov 05 04 12:18p Ma y Bunch 479 64-7793 p.3 • 0 W Z Q 0 w w m O Q 0 w J • Nov 05 04 12:18p ManBunch 479-44 -7793 p.2 SURVEYDESCRIPTION: PROPOSED SPLIT • A PART OF THE SOII QUARTER (SE1/4) OF THE NORTHWEST QUARTER (NW1J4) OF F SECTION SDCILEN (16), TOWNSHIP SDCTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, AND A PART OF BLOCK EIGHT (8) IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX - OFFICIO RECORDER OF WASIBNGTON COUNTY, ARKANSAS, AND ALSO A PART OF SAID BLOCK EIGHT (8) LYING 8.5 FEET WIDE ON EACH SIDE OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY O. & C.C.) MAIN TRACK, ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COR. NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE N89°59' 13"W )CK B ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) 83.92 FEET TO THE TRUE POINT OF BEGINNINQ SAID POINT BEING 8.5 FEET EAST AND PERPENDICULAR TO THE [INTERLINE OF THE OLD O_ & CC. MAIN TRACK OF THE ST. LOUIS -SAN FRANCISCO RAILWAY COMPANY; THENCE 529°26 16"W FEET PARALLEL WITH THE CENTERLINE OF SAID RAILROAD TRACK 240.92 FEET TO A SET 54" IRON REBAR ON A 758 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE EAST; THENCE SOUTHWESTERLY, PARALLEL WITH THE CENTERLINE OF SAID RAILROAD TRACK AND ALONG SAID CURVE 128.19 FEET TO A SET A" IRON REBAR ON THE NORTH RIGHT- OF-WAY OF MEADOW STREET, THE CHORD FOR WHICH BEING S22°22'23"W 128.04 FEET; THENCE S89°49'06"W ALONG THE NORTH RIGHT-OF-WAY OF MEADOW STREET I2.59 FEET TO A POINT WHICH IS 3.5 FEET WEST OF AND CONCENTRIC WITH THE CENTERLINE OF SAID RAILROAD TRACK, SAID • POINT BEING ON A 770 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE EAST; THENCE LEAVING THE NORTH RIGHT -0F -WAY OF MEADOW STREET NORTHEASTERLY, PARALLEL WITH THE CENTERLINE OF SAID RAILROAD TRACK AND ALONG SAID CURVE 120.01 FEET, TEE CHORD FOR WHICH BEING 1421 °42'30"E 119.89 FEET TO A SET 54" IRON REBAR; THENCE N63°49'35"W 5.00 FEET TO A CHISELED 'X' WHICH IS 8.5 FEET WEST OF AND CONCENTRIC WITH THE CENTER B,E OF SAID RAILROAD TRACK, SAID POINT BEING ON A 775 FOOT RADIUS CURVE WHICH IS CONCAVE TO THE EAST; THENCE NORTHEASTERLY, PARALLEL SAID RAILROAD TRACK AND ALONG SAID CURVE 14.13 FEET TO OF CHISELED `X', THE CHORD FOR WHICH BEING N26°41'45' E 14.13 FEET; THENCE N29'26' 16'E ALONG A LINE WHICH IS PARALLEL WITH THE CENTERLINE OF SAID RARROAD TRACK 114.75 FEET TO A SET 54" IRON REBAR; TIIENCE S60°49'59'H 2;02 FEET TO A SET'fi" IRON REBAR; THENCE N29°46'16'E 95.27 FEET TO A SET 54" IRON REBAR, SAID POINT BEING ON A 16.5 FOOTRADIUS CURVE WHICH IS CONCAVE TO THE WEST; THENCE ALONG SAID CURVE 30.92 FEET, THE CHORD FOR WHICH BEING N39°54'04'E 26.59 FEET TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES (5203.0 SQUARE FEET), MORE OR LESS. rn ot., A Lw^ Tn dut ° tang Givat P/►op.ennt i 7a 4rj • i N0V-05-2004 FRI 02:31 P11 AN REID AND ASSC 15014444 P. 02 • SURVEYDEVCRJP77ON A PART OF BLOCK NUMBERED EIGHT (8), A PART OF BLOCK NUMBERED SEVEN (7), A PART OF THE RIGHT -OF -WAY OF SPRING STREET, THE VACATED PORTION OF SPRING STREET AS PER CITY ORDINANCE 01513, RECORDED IN DEED BOOK 689 AT PAGE 242, AND A PART OF THE VACATED PORTION OF GREGG AVENUE AS PER CITY ORDINANCE 01070, RECORDED IN DEED BOOK 465 AT PAGE 275, ALL IN THE ORIGINAL TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, AS DESIGNATED UPON THE ORIGINAL PLAT OF SAID TOWN ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, AND ALTOGETHER BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK EIGHT (8); THENCE N89°59' 13"W 83.92 FEET ALONG THE NORTH LINE OF SAID BLOCK EIGHT (8) TO AN EXISTING IRON REBAR FOR THE TRUE POINT OF BEGINNING; THENCE N89°59' l3"W 62.10 FEET TO AN EXISTING CHISELED "X" IN A CONCRETE SIDEWALK; THENCE S00°46' I5"E 6.03 FEET TO A POINT WHICH LANDS INSIDE AN EXISTING BUILDING; THENCE N89°58'40"W 184.51 FEET TO AN EXISTING IRON REBAR; THENCE N00°46' 15"W 29.00 FEET TO AN EXISTING IRON REBAR; THENCE N89°59' 13"W 17.00 FEET TO AN EXISTING IRON REBAR, THENCE S00°46' 15"E 24.88 FEET TO AN EXISTING IRON REBAR; THENCE N89°59' 13"W 17.00 FEET TO AN EXISTING IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF THE ARKANSAS & MISSOURI RAILROAD; THENCE LEAVING SAID RIGHT-OF-WAY LINE N32°25'02"E 29.94 FEET; THENCE N25°05'28"E 5525 FEET; THENCE N65°53'54% 49.99 PET; 'IFIENCE N82°43 '49"E 25.43 FEET; THENCE N89°55'57"E 60.65 FEET; THENCE S73°31'53% 13.42 FEET; THENCE S30°51'32W 37.15 FET; THENCE S89°57'40"E 77.68 FEET; THENCE S00°00'47"W 60.45 FEET TO THE POINT OF BEGINNING, CONTAINING 0.49 ACRES (21,402.4 SQUARE FEET), MORE OR LESS. • • z C) D z C C n C m D n z O z r, w C n rn z m F T n Co OA om n m n X O n 'g ? Z m m z y - LJ }Y I)I G `_,) o � • Imo( ll�j o {i j. 1 ° "'•fir rt •-,Taira ... \ - •.�.Y. NJ � e • i 1 V ITh_ no I • ,o � 4 L-, •._ I-;--. (4 / J J •tO IY • cn - .: -# Q' - W a Yl' 3r C' t 'F' -. '1 .- • " _Y d °oJT -: • . • • . •n, P t•, I AN ££ j EA5IERN F 6� ' E aI L r- cRAr cRArou E] - - �,� rH` OLNFR N 4A I( p 411 AVE _ Ri a IRO p n 4 : t s[adiu , O a N � F z �F03C • m 4 J $1.OIU4 R y X II rz III a JI N O — P t� NRCINN O.1$ O,R I 0 ARK P f �� K�� D[uwAq[ ss = D C D y -- 0 —L o m n V .K F DJa X0 • L •- N NJ _ 6F' DUNCAH AK c _ O UNNCRSIiV AVE I HILL C a A q flr • M1 f4� �+ m \ \ 1 � � x C r �y > � �� AK N f'��f 1�J i l \i_ IN e® 3� .{� GOVERN4EN �L,z[_7 ELc— .K ]NN �rny A ® II W r AVEWEST WILSON • B _ N1 $r ®Bid y �I �LJe ® ocusl R�L —\H ALMEJ ^am CHU M O �z 1 L r1 6 lb F QS,FpT i v V �4r..'� HURCH H0I L HRL«K m®m I �<< 8 � u®❑ ST _MU] CHARLES a ®O T4 _ _ N A ®O A e K 1I Li®®c B H _D _ DAVE z T 3 C� YI(L fTT00fT1��1 1 N I WCCU(c .� T IF a w W s %NL z t t l i t i' ry,s N wE5LEv i u z T ' aR "F Y I J q zz s�r� 0 — p OR ! rLn kCSfRf� TayeMvlKANSAS DEPARTMENTAL CORRESPONDENCE To: Steve Hatfield Parks & Recreation From: Clarice Buffalohead-Pearman� City Clerk Division Date: November 23, 2004 Re: Res. No. 182-04 City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@ci.fayettevilIe.ar.us The City Council passed the above resolution, November 16, 2004, approving an agreement with Reindl Properties exchanging property to construction the Center -Prairie Multi -use Trail. I have attached a copy of the resolution and one of two originals of the agreement. The resolution with attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc: Internal Auditor 'S City of Fayetteville Staff Review Form City Council Agenda Items Contracts NA City Council Meeting Date Steve Hatfield Submitted By Parks & Recreation Division Operations Department resoultion # 182-04 approved at the November 0, 2004. Signing of the attached warrenty deed to complete the I swap beteeen Brian Reindl Properties and the City. Please see attached memo for background information. $0.00 Cost of this request 4470-9470-5814.00 Account Number 04028 Project Number Budgeted Item F nance and Internal Service Director Mayor $ 411,984.00 Category/Project Budget $ 376,578.23 Funds Used to Date $ 35.405 77 Remaining Balance Budget Adjustment Attached EJ Center Prairie Trail Program Category / Project Name Capitol Improvements, Const. Program / Project Category Name Trailways and Sidewalks Fund Name Previous Ordinance or Resolution # Il Date Original Contract Date: Original Contract Number: 1 13-dS Received in City Clerk's Office / 7 Date Received in iayorslJOffice Date MEMORANDUM Date: 1/6/05 To: Mayor Dan Coody Thru Gary Dumas. Director of Operations Connie Edmonston. Parks and Recreation Director / -Y Jt- Prom: Steve Hatfield. Park Landscape Architect. Trails & Greenways Coordinator J'' Reference: Center Prairie Trail Expansion Subject: Trail Corridor Extension Recommendation: Parks and Recreation staff and City Administration recommends entering into an agreement with Brian Reindal to secure the trail corridor across his property. This corridor will provide a vital connection to Dickson Street, Fayetteville's entertainment district and the University of Arkansas. Inasmuch as the agreement recommends that the acquisition is accomplished through an exchange of properties that is of benefit to the public, we do not believe that the ordinance used by the city in disposing of property is applicable. Background: The Frisco Trail is a Multi -use trail project that is located near downtown Fayetteville. One segment is under construction and travels from Prairie Street to Center Street. Another segment is complete from Sixth Street to Prairie Street. This project has been talked about for years and the property from Prairie Street to Center Street was purchased in 2001. The identified alignment includes a connection all the way from Dickson Street to the North and to Sixth Street on the South. This project will include seating areas and lighting that is compatible and complimentary to the Fixtures installed on Dickson Street. In order to make the connection to Dickson Street, land for two more segments must be secured. One segment runs from the north side of Center Street to Meadow Street. The second and final segment runs from Meadow Street to the Walton Art Center parking lot. The two property owners potentially affected by the ideal trail alignment are working with the City to ensure the best possible trail. The trail corridors, both existing and proposed, are shown on the attached map. Funding for the completion of this project are budgeted in funds earmarked for Trial Development. Current Status: Construction of the Prairie to Center Street section is approximately 100% complete. The property from Center to Meadow Street is currently going through the planning process for a mixed use development. The development includes a public trail. located ideally to tic into the segment currently under construction. The final segment to the north can he secured with the approval of the attached proposal from the property owner. Brian Reindal. The property in question is shown on Attachment A. In order to secure this crucially important parcel, city staff and Mr. Reindl have carefully worked through an agreement that we believe is of benefit to both parties. City of Fayetteville Parks and Recreation Division 113 W. Mountain Street, Fayetteville, Arkansas Telephone: 501-718-7688 72701 E-mail: shatfield n ci.fayetteville.ar.us E Part of Parcel No. 765-01743-002 Part of Parcel No, 765-01743-003 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the deed of the land from Reindl Properties, Inc. to the City of Fayetteville and the other promises within the November 16, 2004 agreement, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto Reindl Properties, Inc., an Arkansas 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 Block Numbered Eight (8), a part of Block Numbered Seven (7), a part of the right-of-way of Spring Street, the vacated portion of Spring Street as per City Ordinance #1513, recorded in Deed Book 689 at Page 242, and a part of the vacated portion of Gregg Avenue as per City Ordinance #1070, recorded in Deed Book 465 at Page 275, all in the Original Town (now City) of Fayetteville, Arkansas, as designated upon the Original Plat of said Town on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, and altogether being more particularly described as follows: Commencing at the Northeast corner of said Block Eight (8); thence N89°59'13"W 83.92 feet along the North line of said Block Eight (8) to an existing iron rebar for the True Point of Beginning; thence N89°59'13"W 62.10 feet to an existing chiseled "X" in a concrete sidewalk; thence S00°46'15"E 6.03 feet to a point which lands inside an existing building; thence N89°58'40"W 184.51 feet to an existing iron rebar; thence N00°46'15"W 28.00 feet to an existing iron rebar; thence N89°59'13"W 17.00 feet to an existing iron rebar; thence SOO°46'15"E 24.88 feet to an existing iron rebar; thence N89°59'13"W 17.00 feet to an existing iron rebar on the east right-of-way line of the Arkansas & Missouri Railroad; thence leaving said right-of-way line N32°25'02"E 29.94 feet; thence N25°05'28"E 55.25 feet; thence N65°53'54"E 49.99 feet; thence N82°43'49"E 25.43 feet; thence N89°55'57"E 60.65 feet; thence 573°31 '53"E 13.42 feet; thence 530°51 '32"E 37.15 feet; thence S89°57'40"E 77.68 feet; thence SOO°0O'47"W 60.45 feet to the Point of Beginning, containing 0.49 acres (21,402.4 square feet), more or less. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor, hereby covenant that they are 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 i4' day of ��( .2005. CITY OF b4YMEVILLE, ARKANSAS A Munitio�l Corporation By: ATTEST: Sondra Smith, City Clerk [SEAL] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON NOTARY PUBLIC BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and aIN within and for said County and State, personally appeared Dan Coody and Sondra Smith, to me well know bq jA)Nons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duty authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said 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 T . day of �_ 2005. MY COMMISSION EXPIRES' ry Pub r Iii P Ill 11 7_ A ll pp .0 y p A n10 A Ap . 11 Av I The terms and conditions in the proposed agreement between the parties are as follows: Reindl Properties • Donate all properties in area A (approximately 5.202 sq. 11.) to the City of Fayetteville for construction of a multi -use trail. • Reindl Properties will have all power poles, overhead electrical lines, transformers and ground mounted equipment removed from Area A at their expense. • Reindl Properties will remove all damaged paving from Area B and install parking, cross walks and drivelanes to City of Fayetteville standards within 18 months at their expense. • Reindl Properties will install and maintain approximately 4,423 sq ft. of landscaping in Area B • Reindl Properties will remove the one story metal building on the west portion of the property within 18 months. The City of Fayetteville • the City will transfer title to all property in Area B (approximately 21,938 sq.fl.) to Reindl Properties • The City will construct a multi -use trail, built to City standards, within 18 months. City staff has also visited with representatives from the Walton Art Center and has received assurances that they support the proposed trail corridor that is adjacent to the Naudine Baum Center. Budget Impact Sufficient funds are in the capital budget for construction of this trail. Attachments: Map City of Fayetteville Parks and Recreation Division 113 W. Mountain Street, Fayetteville, Arkansas Telephone: 501-718-7688 72701 E-mail: shatfield��ci.fayeticville.ar.us