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Home My WebLink About95-04 RESOLUTION• RESOLUTION NO. 95-04 A RESOLUTION OF INTENT TO SELL MUNICIPALLY OWNED PROPERTY AT THE CORNER OF SANG AVENUE AND SIXTH STREET (A PORTION OF THE FORMER SHAKE'S FROZEN CUSTARD LOT AND BUILDING) WHEREAS, Ordinance No. 4358 requires municipally owned real estate to be offered for sale only after an express authorization, by resolution, of the City Council, and numerous other requirements. 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 determines that the remainder of Parcel No. 765-12164-000 (Shake's Frozen Custard former lot and building at the corner of Sang Avenue and Sixth Street) no longer serves a municipal service, should not be rezoned and should be sold pursuant to Ordinance No. 4358. PASSED and APPROVED this lst day of June, 2004. ATTEST: By: SONDRA SMITH, City Clerk By: APPROVED: DAN COODY, Mayor ................. �`'1G: bl Y O,c':.G,;% • ,• FS V E :FAYETTEVILLE0 3 y~9s'9'kANSPJt$ #°"44'C" 21.2111 NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 95-04 Document • 1 03/31/04 memo to mayor and city council 2 draft resolution 3 04/13/04 memo to Coody, Earnest, Conklin & Goddard 4 copy of warranty deed 5 04/15/04 Staff Review Form 6 06/21/04 memo to Jill Goddard NOTES: • • Pcs City Council lieting of April 20, 2004 4 //s/6C/ q5-04( CITY COUNCIL AGENDA MEMOScznj To: Mayor and City Council Thru: Tim Conklin, Community Planning and Engineering Services Director Gary Coover, City Engineer From: Jill Goddard, Land Agent (c--4 U Date: March 31, 2004 Subject: Approval of offering for sale the remainder of Parcel No. 765-12164-000 (formerly known as Shake's Frozen Custard, 2050 W. 6`h Street). Remainder being that portion not a part of the Sang Avenue relocation, actual acreage to be determined by independent survey. This approval also allows independent survey and two independent appraisals to be obtained. RECOMMENDATION Staff recommends approval of offering for sale the remainder of Parcel No. 765-12164- 000. BACKGROUND Parcel No. 765-12164-000 was acquired in its entirety as part of the relocation of Sang Avenue. Through purchase of the whole, the City avoided a settlement by court action with potentially high severence damages. The contractor also did not have to take special precautions during construction to keep access to the business available at all times. DISCUSSION Now that new Sang Avenue/Sixth Street/ Hollywood Street intersection is nearing completion, the City can consider the sale of the remainder of Parcel No. 765-12164-000, including the building, as it serves no municipal purpose. Approval of offering this property for sale would also allow for an independent survey of the property to be obtained as well as two independent appraisals to determine fair market value. • • RESOLUTION NO. A RESOLUTION OF INTENT TO SELL MUNICIPALLY OWNED PROPERTY AT THE CORNER OF SANG AVENUE AND SIXTH STREET (A PORTION OF THE FORMER SHAKE'S FROZEN CUSTARD LOT AND BUILDING) WHEREAS, Ordinance No. 4358 requires municipally owned real estate to be offered for sale only after an express authorization, by resolution, of the City Council, and numerous other requirements. 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 determines that the remainder of Parcel No. 765-12164-000 (Shake's Frozen Custard former lot and building at the corner of Sang Avenue and Sixth Street) no longer serves a municipal service, should not be rezoned and should be sold pursuant to Ordinance No. 4358. PASSED and APPROVED this the lst day of June, 2004. APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk FAYi4,TTEI, iE THE CITY OF FAYETTEVILLE. ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE • LEGAL DEPARTMENT TO: Dan Coody, Mayor Hugh Earnest, Chief Administrative Officer Tim Conklin, Community Planning & Engineering Svs. Director Jill Goddard, Land Agent CC: City Council FROM: Kit Williams, City Attorney DATE: April 13, 2004 RE• Request to sell remainder of Shake's Frozen Custard lot and building I realize the City only purchased the Shake's Frozen Custard lot because our construction of the Sang Avenue/Hollywood Avenue and Sixth Street Intersection necessitated occupying too much of the parcel for Shake's to continue business there during construction. My understanding is that the City always intended to sell the usable remainder of this parcel including the building once construction of the newly aligned intersection was finished. Regardless of the City's intent to only own this parcel during construction, we must follow the dictates of Ordinance No. 4358 (attached) concerning the sale of municipally owned real estate Therefore, this proposed Resolution must be published four times at least thirty days before the City Council can consider the Resolution to express its intent to sell, and not rezone this property prior to sale. Also certified letters need to be sent to "all adjacent property owners" (which I guess means the State Highway Department too). Signs must be prominently displayed at all approaches to the property announcing the consideration of the City Council to sell this property. Although I have overly optimistically dated the Resolution for June 1, 2004, I believe it will more likely be June 15, 2004, before this Resolution can come before City Council after the 30 day waiting period after all public notices required by the Ordinance have been accomplished. If the City Council then passes the Resolution that the property should be offered for sale, the City shall obtain "Two (2) simultaneous and independent appraisals of the real property ...." Later, the City Council can adopt a Resolution to set a minimum price for the bidders. The City shall then solicit sealed bids and present the highest qualified bid to the City Council at a third City Council meeting for acceptance or rejection. "Upon receipt of an acceptable bid, and authorization by a separate resolution of the City Council, the conveyance of the real property shall be performed by the Mayor and City Clerk." {Subsection (G) of Ordinance No. 4358 codified as §34.27 Sale of municipally -owned real property} '. • P *rtNO. bate Nowa a /OM- t a sae Ars Ytnalka Ped Na 1tS.11$044:00 TON Nae WARRANTY DEED HU88NW MIDWIFE Mati NrrptYea a Many Donn • '.Fr' 70E? Rt.:i:CRD 2002 DEC 8 Ail 9:36 :.4 LUA11 D. STAMPS BE IT KNOWN BY THESE PRESENTS: THAT Donal t. Osborn* and Defer L. Osborne, husband end unite, hndnafUrcled GRANTORS, for and In consideration of the sum d One Dour (11.00) and new goad and valuable coreierrion, the receipt of which Is hereby acknowledged, d0 herby Pant, bran sad end convey no the mg of Fayetyyte, Manby. • mankind corperalbn, hereinafter ceded GRANTEE. ed unto 0.4.11 successors and wre nns, the fdloMtg described lend situated In Ca Caedy of Wash n Stele of Maness, basit MINK cetelo tract a parcel of hind being • peri of the Mailmen Quitter (NE%) of to Northwest Quarter (NW%) of Section 20, Township 16 Nath, Range 30 Weet* Wahingbn Cm waY. Adaaas, odd baby SOB to tract as dented in Document No. 2000.029178 d dr Otos of to Cant Clerk and E»i f do Recorder of W Wdn7ton County, Adrrmd, and befog more pertSwy nand by mew and bounds M blame Beginning at dm Pott -* o sant point beN K d Section 20, Mania 18 North, Range 30 Wet Waei*gbn Carty. the Northwest Owner of Stock 2 of ~mood AddtIn to the Cly of Ew thwele. Arkenim dine South 8r 12' 42' East fa • distance of 215.70feet deg lei son right dray tined Old Frmkgbn Road b • on on dm north sight sway rhe of Sheth Street (Stale Hann No. 180); theme South 0Y 4C 68' Ear 10.00 Met with sail nasi right of way lkw, thence eking • arm to the left se an sm length of dells d 0T 12' 2Y, along rid right of South 8g' wry; thence Sou30'71? Wast ftest •ee • ddrree of 178.60 Mtn WM se op of wey: thence North er a 27° West for dinner of to e poled amine Pal right Sway luted Sang Avenue; tens Nath W 47 116 ES kr adlalena d1rem soh UM Kam et 84.86 feet with geld eat right of Way Ira tote Poke of Bennbg, and conning 0.39 sore, mare or war TO HAVE AND TO HOLD the add lands and appawhrbd Mann bdonglng undo uia eaM Omen and OMSK' Mumsdcvs and sign, borer. And to rid Grote hereby cannot tat they we Irately ease of eels Ian end prmn''—t sat to sane M Owe ownberwd, end that to Grantors Ws forever warrant ant defend the We to Um did ands inn as Ipei dein* wlatrw. flees the „ -- hereof on this, 1'$ day of AVJ.cst.-n+.i 2002. Donald E. Osborne 1 Dior L Owbarte STATE OF ARKAN&i$ COUNTY OF WASHINGTON ACK NOWLIDG ME NT BE IT REMEMBERED, that an Ws deaf betas the undersigned, s duly cannelaad end acting Nary Public wiWn and for Mid Cour*' and SS psnOMly append Donald E. Osborne std Debra L Osbeie, imbed and * S,. to ms all Imam a dm peK S VAb executed to foregoing document end who seated and acknowledged tat nay had so signed, exntedand dented Mkt Mtwara for the coneldwa"'i, aeeend papas therein meflaad and!Micah WITNESS my had and mei en die I'1- rays UI.Li.._ 2002. MY COMMISSION EXPIRES: iLeIaR.Davis Ndsny sheasoncean, my camscamsRots (041/05hVeWsWINN/NAWAWII MV 2002194769 1 4 STAFF fPVIEW FORM X AGENDA REQUEST NON-FINANCIAL OBLIGATION For the Fayetteville City Council Meeting of: UVC 9pr l20 02 04 FROM: Jill Goddard Engineering Name Division Community Planning & Eng. Serviees Department ACTION REQUIRED: Resolution granting approval of offering for sale the remainder of Parcel No. 765-12164-000 (formerly known as Shake's Frozen Custard, 2050 W. 6th Street). SUMMARY EXPLANATION: Property was acquired in its entirety as part of the relocation of Sang Avenue. the new Sang Avenue/Sixth Street/Hollywood Avenue intersection is nearing compl remainder of Parcel No. 765-12164-000 (including the building) can be sold as i municipal purpose. Now that etion, the. t serves no Approval of offering for sale also allows for an independent survey and two (2) independent appraisals to be obtained to determine acreage and fair market value. (Originally purchased thru Acct. No. 4470-9470-5809-00, Project No. 00019-0030, Hollywood Street --6th & Sang Avenue, Street Improvements, Sales Tax Capital Improvements.) STAFF COIM7ENDj(�' Di i5' H /`/]/l///I� City ;#.1„.t.t,trridiEi Depart nt Dir ctor Fi ance Internal Services Dir. Chiefi$dministrative Officer Mayor _ 5/ro y Date ozi Date Date /F—!34A4 Date Y45 -ay Date Date Received in Mayor's Office Cross Reference: Previous Ord/Res#: Date Orig. Contract Date: Orig. Contract Number: New Item: Yes No FAYETTEIVILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division DEPARTMENTAL CORRESPONDENCE • 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 To: Jill Goddard Land Agent/Engineering Division From: Clarice Buffalohead-Pearman 094) City Clerk Division Date: June 21, 2004 Re: Resolution No. 95-04 The City Council passed a resolution, June 15, 2004, intending to sell city owned property located at Sang Avenue and Sixth Street (Shake's building). I have attached a copy of that resolution. 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. /cbp attachments cc: Nancy Smith, Internal Auditor