HomeMy WebLinkAbout64-04 RESOLUTIONRESOLUTION NO. 64-04
A RESOLUTION APPROVING THE ACCEPTANCE OF A
QUITCLAIM DEED FOR APPROXIMATELY 19.38 ACRES OF LAND
FROM THE UNITED STATES DEPARTMENT OF THE ARMY IN
EXCHANGE FOR CONVEYING A WARRANTY DEED FOR
APPROXIMATELY 0.412 ACRES OF LAND TO CLEAR TITLE AND
RESOLVE AN ENCROACHMENT; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE ANY AND ALL
DOCUMENTS REQUIRED THEREFOR
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby
approves the acceptance of a Quitclaim Deed for approximately 19 38 acres of land from
the United States Department of the Army in exchange for conveying a Warranty Deed
for approximately 0.412 acres of land to clear title and resolve an encroachment.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby
authorizes the Mayor and the City Clerk to execute any and all documents required
therefor.
PASSED and APPROVED this 20th day of Apn12004.
ATTEST:
By:
s\G)•••\- Y.pSGp
.10
• cn
FAYETTEVILLE:
• •ice
"& tk
•A=
DRA SMITH City Clerk
APPROVE
By:
AN COODY, Mayor
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 64-04
CD CO v O) OI A CO N
03/04/04
memo to mayor & City Council
Ed Connell says this
is deed is dead. Not going
draft resolution
to
copy of map
continue with this
process.
letter to Mark
Moore
copy of map
copy of legal description
copy of memo to mayor, Hugh Earnest, Gary Dumas, Tim
Conklin, Kit Williams, Gary Coover, Connie Edmonston
copy of letter from Dept. of the Army
copy of legal description
copy of memo to mayor, Hugh
Conklin, Kit Williams, Gary Coover,
Earnest, Gary Dumas, Tim
Connie Edmonston
11
copy of letter from Corps of Engineers
12
copy of Gregory Park description
13
copy of Quitclaim Deed
14
copy of property description
15
Staff
Review Form
16
copy of email to Ed Connell
17
copy of email to Ed Connell
18
copy of
email
to Ed Connell
19
copy of
email to Ed Connell
20
copy of email to Ed Connell
21
copy of email to Ed Connell
22
copy of email to Ed Connell
23
copy of email to Ed Connell
24
copy of email to Ed Connell
25
copy of email to Ed Connell
NOTES:
2/7/04
Ed Connell says this
is deed is dead. Not going
to
continue with this
process.
City Council Meeting of ICIWia, 2004
gbs
CITY COUNCIL AGENDA MEMO 1/2P%j.,
69 -off
TO: Mayor and Fayetteville City Council us 4'/ / an y
THRU: Hugh Earnest, Chief Administrative Officer
bied/ 4',/e 4,/ ti
Tim Conklin, Community Planning and Engineering Services Director
FROM: Ed Connell, Land Agent
DATE: March 4, 2004
Subject: Approval of a resolution authorizing Mayor and City Clerk to convey 0.412 acres of
Gregory Park land to the US Army Reserve Center so as to resolve a matter of title
clarity and encroachment. There shall be no cost to the City.
RECOMMENDATION
Staff recommends approval of authorization so as to obtain clear title on Gregory Park property and
resolve an encroachment by the USARC onto park property.
BACKGROUND
In 1956, the Veterans Affairs Office, through the General Services Administration, conveyed two
parcels of land to the U S Army; namely a small parcel of 3.5 acres which was used for the U S Army
Reserve Center, located on Woolsey Ave. west of the VA in Fayetteville. A second parcel of 19.38
acres was also included m that conveyance and accepted by the Corps of engineers as noted in the
attached November 15, 1956 letter.
Sometime thereafter, the Corps of Engineers reportedly returned the 19.38 acres to the VA, however,
there is no documentation trail to confirm this transaction. When the VA gave this 19.38 tract to the
City of Fayetteville in 1964, the property was conveyed by Quitclaim Deed without reconciliation of the
former conveyance to the Army Corps of Engineers In accepting the land from the VA, the city should
have requested and received a QCD from the U.S. Dept of Army as well as the VA. Probably did not
realize that a cloud on title existed at that time.
As stated in the Department of Army letter of January 29, 2004, it was determined that during a recent(
2± yrs.) Construction project at the Reserve Center, the Army had inadvertently encroached upon park
property by extending a paved area on the East side of the reserve property. In addition, an additional
parking lot area was added to the north side of the Reserve property and some of the overburden was
deposited on park property.
The 90th Reserve support command has requested that an effort be made to resolve the matter of "cloud
on title" for the city property and the encroachment issue for the Army.
•
•
City Council meeting of March 16, 2004
Gregory Park -US Army Reserve Center
Property Resolution
Page 2 of2
CURRENT STATUS AND DISCUSSION
The city does recognize that without a QCD from the Army, it could be considered as a "cloud on title".
The limitations placed of the VA's conveyance to the city have long expired and it is in the best interest
of the city to obtain clear title. The Army Reserve needs to clear up the encroachment problem and to
do that requires a conveyance from the city. Their encroachment involves approximately 0.412 acres of
land, being 20 feet on the north side of the reserve property and 25 feet on the east side of that
property. The Army wishes to resolve the title problem and the encroachment problem without
monetary exchange and the administration agrees that clearing the title to the remainder is prudent.
As noted above, all external costs will be covered by the U.S. Army Corps of Engineers.
Recommendation and Resolution
It is therefore recommended by staff that the City Council approve a resolution which authorizes the
Mayor and City Clerk to enter into documentation which will convey 0.412 acres to the US Army by
Warranty Deed while the Army will issue a QCD to the city on the entire 19.38 acre tract. The actual
procedure is a little more complicated in that the US Government will only convey land in QCD and will
only accept land in Warranty Deed. Once the city receives the QCD, we can get title insurance on the
entire property (paid for by the Army) and can issue a WD on the 0.412 Ac property. Attached
herewith are legal descriptions for both tracts of land, before and after the transfer of titles.
•
RESOLUTION NO.
A RESOLUTION APPROVING THE ACCEPTANCE OF A
QUITCLAIM DEED FOR APPROXIMATELY 19.38 ACRES OF
LAND FROM THE UNITED STATES DEPARTMENT OF THE
ARMY IN EXCHANGE FOR CONVEYING A WARRANTY DEED
FOR APPROXIMATELY 0.412 ACRES OF LAND TO CLEAR
TITLE AND RESOLVE AN ENCROACHMENT; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ANY AND ALL DOCUMENTS REQUIRED THEREFOR.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby approves the acceptance of a Quitclaim Deed for approximately 19.38
acres of land from the United States Department of the Army in exchange for
conveying a Warranty Deed for approximately 0.412 acres of land to clear title
and resolve an encroachment.
Section 2. That the City Council of the City oE ayett vp71e,'IA4kansas
hereby authorizes the Mayor and the City Clerrk-`to exeoutell any and all
documents required therefor.
PASSED and APPROVED this 20th day of April 2004.
APPROVE
Al 1tST:
By:
SONDJt FSMITF I't�, City Clerk
COODY, Mayor
OR e 6or/ RIACK
FAYETTEVIPLE
THE CITY OF FAYETTEVILLE, ARKANSAS
•
February 24, 2004
Mr. Mark W. Moore
Chief, Real Estate Division
U S. Department of The Army
Little Rock Distract, Corps of Engineers
P. O. Box 867
Little Rock, Arkansas 72203-0867
RE: Tract No. 100
United States Army Reserve Center
Fayetteville, Arkansas
Dear Mr. Moore:
The City of Fayetteville received your letter of January 29, 2004 with regard to a possible cloud
on title as well as encroachment by the U.S. Army Reserve Center on property owned by the
City adjacent to said Army Reserve Center. After review by our staff, we believe it to be in the
best interest of all parties to resolve the issues in the manner proposed in your letter, provided
all aspects can be resolved without cost to the City of Fayetteville.
Even though we do not see a problem at this time, any conveyance of city property is subject to
and must be approved by the Fayetteville City Council. Once the proposed documentation has
been worked out and in our hands, this proposal will be submitted for council approval. In the
interest of clarity and simplicity, we would like to see the area of conveyance to the U.S. Army
Reserve Center expanded to 20.00 feet on the North side and 25.00 feet on the East side of the
Reserve. Accordingly, we have modified the attached property description to reflect this
change. This is also reflected in the attached diagram and will constitute 0.412 acre to be
conveyed
We would be pleased if Mr. Hudson will continue to communicate with our Land Agent, Ed
Connell, at 479-444-3415.
We are pleased to be able to resolve this matter with the U.S. Army Reserve and the Army
Corps of Engineers.
Sincerely
yours,
Dan Goody, Mayor
enclosure
113 WEST MOUNTAIN 72701 479421-7700
FAX 4794758257
Date: 03-04-2004
File: GregoryPk-USARC.des
Title: Gregory Park -- U.S. Army Reserve Center, Property Exchange
Scale: 1 inch = 200 feet
Fayetteville, Arkansas(USARC)
United States Army Reserve Center
Washington County, Arkansas
Owner. City of Fayetteville
Acres: Fee - 0.412
TRACT No. 100
{United States Arrnv Reserve Center)
A tract of land, situate in the County of Washington, State of Arkansas, being part of the Northeast Quarter (NE'h)
of the northeast quarter (NE%) of Section 9, Township 16 North, Range 30 West, of the Fifth Principal Meridian
and being more particularly described as follows:
Commencing at an existing cotton spindle marking the Northwest corner of the Northeast Quarter (NE%)
of the Northeast Quarter (NE%) of said Section 9; thence along the west line of said 40 acre tract South
00° 20' 31" East 390.00 feet to the Point of Beginning; thence leaving said west line and running East
460.00 feet to a point; thence South 00° 20' 31" East 370.00 feet to a point; thence West 25.00 feet, more
or less, to the southeast property corner of the U.S. Arrny Reserve Center thence along the east property
line of said Reserve Center property North 00° 20' 31" West 350.00 feet to the Northeast corner of said
Reserve property; thence West 435.00 feet to the west line of said 40 acre tract, thence along said west
line North 00° 20' 31" West 20 0 feet to the Point of Beginning, containing 0.412 acre, more or less,
subject to rights of way and easements of record.
February 23, 2004 EXHIBIT "A"
•
FAYETTEVI eLE
ME CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE• February 9, 2004
TO:
•
Dan Coody, Mayor
Hugh Earnest, Chief Administrative Officer
Gary Dumas, Director of Operations
Tim Conklin, Director of Community Planning and Engineering Services
Kit Williams, City Attorney
Gary Coover, City Engineer
Connie Edmonston, Parks and Recreation Superintendent
FROM: Ed Connell, Land Agent )7
RE: U.S. Army Reserve Center and Gregory Park
In mid-November, 2003, the US Army Corps of Engineers came to us with a problem relative to the US
Army Reserve Center on Woolsey Ave. here in Fayetteville. My attached memo of November 18, 2003
explains the overall situation as it now stands. The attached letter from the Corps of Engineers to the
Mayor, dated January 29, 2004, is their formal request to implement the necessary transactions for the
conveyance of 0.4 acre of land from the Gregory Park site in exchange for clearing the title of such
19.38 acres . At this time, the Corps is not willing to pay for the 0.412 acre and is not interested in
acquiring the entire property.
There are no records, recorded in county, which show property exchange within the U.S. Government,
and the attached Nov. 15, 1956 letter form the GSA to the Corps of Engineers has been fumished by..
the Corps. A local title company only has deed conveyance from Mr. And Mrs. Adams to the US
Government in 1936 and the QCD from the VA to the City in 1964, thus making it difficult to follow any
chain of title within the Govemment. The writer has verbally challenged the Corps to prove there is a
cloud on the City title. Mr. Ron Hudson of the Corps has said they have been unable to locate any
agreement for the retum of the 19.38 acre tract back to the VA or any retraction of the attached Nov.
15, 1956 document. When verbally asked if they would pay for the 0.412 acre, there was a flat
rejection and threat of condemnation for the entire property, if it went that far. (In that case, the City
would be paid a market value price)
The decision that has to be made is:
(1) Does the City want to officially challenge the Corps as to the validity of the QCD
currently held by the City, or
(2) Does the City want to go through the various steps required to give the Corps the
0.412 acre they have requested and clear the title on the remaining 19.25 ± acres
of park land?
Please review the information contained herein and note your response on a copy of this cover memo.
Your response would be appreciated within a week such that we might prepare a letter for Mr. Coody's
signature.
REPLY TO
ATTENTION OF
• •
DEPARTMENT OF THE ARMY
LITTLE ROCK DISTRICT, CORPS OF ENGINEERS
POST OFFICE BOX 867
LITTLE ROCK, ARKANSAS 72203-0867
January 29, 2004
Real Estate Division
Honorable Dan Coody
Mayor
City of Fayetteville
1113 Mountain St.
Fayetteville, Arkansas 72701
RECEIVED
FEB 02 2004
CITY OF FAYETTEVILLE
MAYOR'S OFFICE
Dear Mayor Coody:
The 90th Reserve Support Command, US Army Reserve, has enlisted the support of
the US Army Corps of Engineers, Little Rock District, Real Estate Division to assist in
the resolution of a boundary dispute on property owned by the city and adjoining the
Fayetteville US Army Reserve Center. While researching the issue, Mr. Ron Hudson of
this office has coordinated with Mr. Ed Connell, Land Agent for the city, by phone as
well as a visit to the site. After a thorough review of our records and a recent survey of
the property, we have determined the situation as it currently exists.
In November of 1956 the Veterans Administration transferred two tracts of
property to the Army. Tract #1 consisted of 3.5 acres to be used to construct a US Army
Reserve Center and Tract #2 consisted of 19 38 acres to be used by the Army National
Guard. Tract #1 was accepted by the Army and the Army Reserve Center was
subsequently constructed. The National Guard chose another property and Tract #2 was
not accepted by the Army. In 1964 that same 19.38 acre tract was transferred to the City
of Fayetteville with the stipulation it be used for a park for a period of not less than 20
years. The earlier transfer to the Army is reflected in the courthouse records and creates
a "cloud on title" on that tract.
During our research we also discovered that during recent construction at the
Reserve Center, the Army has inadvertently encroached upon the park property. This
occurred because the lot measurements were taken from the Woolsey Avenue right-of-
way instead of the centerline of the street In addition to that, some soil was deposited on
city property along the north boundary of the Reserve Center property. See enclosed map
and legal description.
The 90th Reserve Support Command has requested that we attempt to resolve both
the "cloud on title" on city property and potential encroachment issues concurrently. In
• •
-2-
an effort to satisfy the interests of both parties, we propose that the United States of
America (USA) provide a Quitclaim Deed to the City of Fayetteville on the 19.38 acre
tract and that the City of Fayetteville provide a Warranty Deed to the USA for the .40
acre tract depicted on the map as the potential area of encroachment. The USA can
accept property only by Warranty Deed and will be responsible for title insurance as well
as all costs associated with deed preparation, legal descriptions and mapping.
We would greatly appreciate your favorable response to this proposal. Mr.
Connell is quite familiar with this issue and if you have further questions please feel free
to contact Mr. Ron Hudson at (501) 324-5719.
Enclosures
rk . Moore
Chie Real Estate Divisi m
• •
, Fayetteville, Arkansas (USARC)
United States Army Reserve Center
Washington County, Arkansas
Owner: City of Fayetteville
Acres: Fee — 0.40
TRACT NO. 100
(United States Army Reserve Center)
,/O
A tract of land, situate in the County of' Washington, State of Arkansas, bein part of the
Northeast Quarter of the Northeast Quarter of Section 9, Township 16 N , Range 30 West,
of the Fifth Principal Meridianand being more particularly described : follows:
Commencing at an existing cotton spindle marking e Northwest Corner of
the Northeast Quarter of the Northeast Quarter, ence along the west line 446,a
of said forty, S00°20'31"E 410.00 feet to the • s mt of beginning; t
along said west line N00°20'31"W 20 . a point; thence
leaving said west line East r457.feet to a point; thence o
S00°20'31"E 369 13 feet to a point; thence west approximate) feet -
to the existing southeast property corner of said Reserve Center roperty;
thence along the east property line of said Reserve Center Property
N00°20'31"W 350.00 feet to a point, said point being the northeast corner
of said Reserve Center Property; thence west along the north property line
435.00 feet to the point of beginning and containing O:AO'acre, more or less.
0141Z.
January 27, 2003
1of1
EXHIBIT "A"
FAYETTEVI LIILE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE: November 18, 2003
TO: Dan Goody, Mayor
Hugh .Earnest. Chief Administrative Officer
Gary Dumas, Director of Operations
Tim Conklin, Director of Community Planning and Engineering Services
Connie Edmonston, Parks and Recreation Director
FROM: Ed Connell, Land Agent
RE:
U.S. Army Corps of Engineers
Gregory Park at North St. and Woolsey Ave.
Title Reconciliation and Lot Lline Adjustment
BACKGROUND
In 1956; the Veteran's Administration conveyed two adjacent parcels of land (NW of the VA) to
the U, S. Army Corps of Engineers, one being a 3.5 acre tract to be used for the U.S. Army
• Reserves and the second tract consisting of 19.38 acres which was originally intended for the
Arkansas National. Guard. The Army accepted theparcels as indicated in the attached letter,
however, that acceptance was evidently later modified to limit such acceptance to the 3 5 acre
site.
Documentation was never implemented by the Corps which should have retumed the 19.38
acre site to the VA, however, in 1964, the VA issued a Quitclaim Deed (copy attached) to the
City of Fayetteville, at no cost to the City, for the same land with conditions on the use thereof.
As with any QCD, the VA conveyed any and all interest they had, which under the
circumstances, was none. Over the past 40 years, this land has been used by the City as
Gregory Park.
In the last 3 or 4 years, the Corps had the Reserve 3.50 acre property surveyed. For some
unknown reason, that survey started from the East ROW line of Woolsey Ave instead of the
center of the road. As a result of that survey, the Reserve extended their dnveway, parking
area, and fence line about 22.0+ feet to the East, thus encroaching into the park property..
CURRENT DILEMMA & CONSIDERATION
On November 6, 2003, Ron Hudson of the U.S. Army Corps of Engineers out of Little Rock,
visited with us and explained what they wish to do to clear title to the land claimed by the City
while rectifying the problem created by the poor survey on the Army Reserve property. The
following steps have been recommended by the Corps:
Gregory Park Title
Page2Of2.
(1) The Corps will issue to the City a Quitclaim Deed on the 19.38 acre property
claimed in the City title (invalid), thus clearing the cloud on such title:
(2) The City will acquire Title Insurance on the 19.38 acre tract. The Corps will pay
for such title insurance.
(3) The City will grant and convey, by Warranty Deed, to the U S. Corps of
Engineers, a 25 foot wide stnp along the East and North sides of the Reserve
property (0.465 Ac). The U. S. Govemment will only accept deeds under
warranty for property transactions. There will be no exchange of monies for these
transactions.
The City has also been given fair warning that the U.S. Government may, in the future, be
corning to the City with a request to purchase a sizeable portion or all of the Gregory park area
for security or buffer area purposes around the Reserve Center. If such does come about, the
corps will pay market value for the land that they require. The City will have no option except in
negotiations of the price This latter action has yet to be directed by government officials, thus
is not eminent at this time.
If you have any questions or comments, do not hesitate to contact myself at 415. This material
is provided for your information and advisement.
COPY-BRM
VETERANS ADMINISTRATION •
WASHINGTON 26, D. C.
Corps of Engineers
U. 8. Arad
Office of the District Engineer
Little Rook District
P. O. Boz 867
Little Rook, Arkansas
Dear Sir:
November 15, 1958
In Reply Refer Tot 11CB
Pursuant to regulation of the General Services Administration, Title
2, Real Property Management, December 1953, Chapter IV, Part 2, Soo -
tion 202, promulgated pursuant tothe provisions of Seot ion 202a of
the Federal Property and Administrative Servioes'Act of 1949, u amendod,
by the Act of July 12. 1962 (48 Stat. 693) and in oomplianoe with
letter of the Regional Office, General Services Administration. Dallas,
Texas, dated November 1, 1968, there is hereby transferred to the
Department of the Army two paroels of land, 3.6 acres ■ubfeot to rsim-
bursement to the Veterans Adminftration in line- amount o2 :3.000 awl
19.38E ithout.reimburseswnt, said property being located at the
Veterans Administration Hospital tion, Fayetteville, Aromas s
and more particularly described es follows:
PARCEL 1. A tract of land situated in the County of
Washington, State of Arkansas, being part of the NW 1/4 Seo -
tion 9, Township 16 North, Range 30 West of. the 6th
Principal Ceridian, and being more particularly described
as follows:
Being at a point which is 1,333 feet west and 410 feet
south of the northeast corner of Seotion 9; thence east 436
feet to a point; thenoe south 350.feet .to a point; thence
west 436 feet to a point: thane north 360 feet to the point
of beginning and containing 3..5:acres,. more or less.
PARCEL 2. A tract of land situated in the County or
Washington, State of Arkansas,. being part of the. NE 1/4 Sec-
tion 9, Township 16. North, Range 30'West of the 5th Princi-
pal Meridian. and being more particularly described as
follows:
•
COPT-BRY
Corps of Engineers
' Little Rook, Ark.
Beginning at the northeast corner of Lotion 91 then*
south along the east line of said Section 9, 860 foot
•to.a pointy thence west.leb feet to a point; thence
south 100 fewt-to a pointy thence west 763 feet to a
Wats thence north 360 feat to a pointy thence west
436 feet to a pointy thence north 410 feet to a point
on the north lino of (Motion 9; thence east along the
north lice of said Section. 9. 1,333 fest to the point
of beginning and containing 19.382 acres, more or less.
*imitate* hereby agrees that the property herein transferred will not
.be used for any purpose, which in the judgment of the Administrator of
Veterans Affairs or his designate, interfere with the oars and treats
seat of patients in theadjacent VA Hospital; Fayetteville. Arkansas.
An *scouted Standard Fora No. 1080. Revised, Voucher for Transfer Between
.Appropriations and/or Funds, is enclosed, and check is the amount of
$3.000 payable to the Treasurer of the United States ehauld be forwarded
to this office.. .
Four copies of this letter are forwarded and it will be appreoiated if
you will cause an aooeptanoe of the property transferred and the date
thereof endorsed by an authorised representative of the Department of the
Ar_4 on one oopy in the space so provided and return it to this officio
for oompl*tioa_ot the disposal records.
Back
8F. 1080
Very truly yours,
/on IIs. Z. Bowie
Chief, Real Estate Division
Offioe of Assistant Administrator
for Construction
Transfer of land herein identified accepted for and on behalf of the
Department of the Arses
By /s/ R. 0. Yc[inney
H. . mo[I[!QT
Chief, Reel Rebate DiTiulnn
Little Rook Ltstrict, Corps of Engineers
20 November 1956
•
•
(Date)
•
City of Fayetteville Gregory Park
U S. Army Reserve Center
City of Fayetteville: Gregory Park Original Description:
Book 610, page 527
A tract of land situated in the County of Washington, State of Arkansas, being a part of
the Northeast Quarter (NE%) of Section 9, Township 16 North, Range 30 West, of the
Fifth Principal Meridian, and being more particularly described as follows:
Beginning at the Northeast corner of Section 9; thence South along the East line
of said Section 9, 660 feet to a point; thence West 165 feet to a point; thence
South 100 feet to a point; thence West 733 feet to a point; thence North 350 feet
to a point; thence West 435 feet to a point; thence North 410 feet to a point on
the north line of Section 9, thence East along the north line of said Section 9
1,333 feet to the Point of Beginning and containing 19.382 acres, more or less.
U.S. Army Reserve Center Original Description:
November 15, 1956 Acceptance Letter
A tract of land situated in the County of Washington, State of Arkansas, being a part of
the Northeast Quarter (NE%) of Section 9, Township 16 North, Range 30 West, of the
Fifth Principal Meridian, and being more particularly described as follows:
Beginning at a point which is 1,333 feet West and 410 feet South of the
Northeast corner of Section 9; thence East 435 feet to a point; thence South 350
feet to a point; thence West 435 feet to a point; thence North 350 feet to the
Point of Beginning and containing 3.5 acres, more or less.
City of Fayetteville: Gregory Park Modified Description:
A tract of land situated in the County of Washington, State of Arkansas, being a part of
the Northeast Quarter (NE%) of Section 9, Township 16 North, Range 30 West, of the
Fifth Principal Meridian, and being more particularly described as follows:
Beginning at the Northeast corner of Section 9; thence South along the East line
of said Section 9, 660 feet to a point; thence West 165 feet to a point; thence
South 100 feet to a point; thence West 708 feet to a point; thence North 370 feet
to a point; thence West 460 feet to a point; thence North 390 feet to a point on
the north line of Section 9, thence East along the north line of said Section 9
1,333 feet to the Point of Beginning and containing 18.97 acres, more or less.
•
• •
City of Fayetteville Gregory Park
U.S. Army Reserve Center
Page 2
U.S. Army Reserve Center Modified Description:
November 15, 1956 Acceptance Letter
A tract of land situated in the County of Washington, State of Arkansas, being a part of
the Northeast Quarter (NE%) of Section 9, Township 16 North, Range 30 West, of the
Fifth Principal Meridian, and being more particularly described as follows:
Beginning at a point which is 1,333 feet West and 390 feet South of the
Northeast corner of Section 9; thence East 460 feet to a point; thence South 370
feet to a point; thence West 460 feet to a point; thence North 370 feet to the
Point of Beginning and containing 3.912 acres, more or less
Property Conveyed from City to US Army Reserve
A tract of land situated in the County of Washington, State of Arkansas, being a part of
the Northeast Quarter (NE%) of Section 9, Township 16 North, Range 30 West, of the
Fifth Principal Meridian, and being more particularly described as follows:
Beginning at a Point which is 1,333 feet West and 390 feet South of the
Northeast corner of Section 9; thence East 460 feet to a point; thence South 370
feet to a point; thence West 25 feet to a point; thence North 350 feet to a point;
thence West 435 feet to a point; thence North 20 feet to the Point of Beginning
and containing 0.412 acres, more or less.
•
•
IYOI 611. PACE52
com, ; OR ; s,0
QUITCLATM DEED i 196• son ub fJ G�
This Quitclaim. Deed made and entered
19/Lea„by and between the Administrator- of
States of America,.. Grantor, and the City of
into .this .. day of / ;__
.`,._G
Veterans -Affairs, in betAi ofrthe United.
Fayetteville, Arkansas, Gtdtit�e, Gt.cr''
WITNPSSF.TH
WHEREAS,. Public-Law.88-1481. Approved October 17, 1963, directs the t.dr.inistrator
•of Veteran, Affairs,: t�: convey..by.quitclaim deed,. without- consideration, to the City
of Fayetteville,. Arkansas,. for:park. and, recreational pnposes,: all right, title,
eM.interest:ot the United States-in-and'to a• tractof. land • described therein, which
constitutes a portion- of: certain' .lands: heretofore; conveyed by such city to the United
Status without consideration„ and;which.has-,been. declared surplus, to the needs of the
United: States,: subject to the 'conditions set forth. therein.. •
.. NOH"THIREFOHE;,the Grantor- in- consideration' of. -the -premises and acting under
the authorityrof:the. aforesaid. Public: Law. 88-148;•Appraved.October 17, 1963, does
• hereby remise,• remit,: release,. and:quitclaim:without covenant or warranty of any kind,
unto. the Grantee,:its; successors -and: assigns,. that .• portion -of lands described in
said Public Law -as: follows: - .
:_. A°tract of: lead. situatedam:tbe county of Washington, State
of Arkansas,:, being part of'the northeast: quarter of section 9,
township' 16.north,.range ,30'west,.of.the fifth principal
merldianr,and.beingmore particularly described as follows:
Beginning:at the northeast.`corner of section 9; thence south
along- theseast:line -o£"eaid::section:9,.660 feet to a point;
thence west..165'feet to..a:point;thence south 100 feet to a
polnt;".thence west 733 feet' tea point;. thence north 350
feet. to: a point; thence west 435 feet toa- point; thence
north:.410 feet. to a: point •on- the 'north line of. section 9;
. thence 'east- along- the -north-line "of said section 9, 1,333
feet to.the-point of: beginning;. and containing 19.382 acres,
moreer:lees. '
TO HAVE:AND. TO`HOLD`the-said 'premises granted unto the Grantee, its successors
ami. assigns,.: forever;:. subject;._ however, to the- folleuingr._
•
Snbjeot.te the. condition -:that such lank shall be used for park
••aie1 recreational: purposes: ina.canner which, ,in thejudgment,
.of;the:Administrator ofP:Veterans: Affairs,., will not interfere
with. the caretan : treatment.. of 'pstierta in--the-Veterans
.- Administration -Hospital situated on lands- adjacent to the
lent conveyed_ heroine:. . . .
2 Subjeceto the: conditiorr that -in the-event•that the Administrator
of_Veterans:.Affairs:determines, withintwenty years after the
date_of: execution.:o£.Tthis -quitelaim:deed,- that,. the land so
conveyed:.has:been: devotedf to:m use other- than for park and
: recreational prposes,.all right,_title,. and:. interest therein
shall revert- to. aid: .recast in the United. States. in its then
esistirg •
coaiition::
Subject: ter the. -gas..easement:which- was 'grartt ed. to the Arkansas
Westera.Gas:Company (for a.period: of. fifty years) by the
Department o£: the. Army:•: - .
InffNESS.wHEED;Of::I.have . set .np.hard' and affixed- the seal of the Veterans.
Administration: the=day-an& year- first' above. written..:
•
- Page 1
GLEASON, .3
r•
ttator of Veter_ s Affairs
2 pages —