HomeMy WebLinkAbout181-05 RESOLUTION• •
RESOLUTION NO. 1.at-05
A RESOLUTION APPROVING THE SALE OF 3 PARCELS OF
LAND (APPROXIMATELY 18,441 SQUARE FEET TOTAL) TO
THE ARKANSAS STATE HIGHWAY COMMISSION FOR RIGHT-
OF-WAY ASSOCIATED WITH THE RAZORBACK ROAD
WIDENING FOR A TOTAL PURCHASE PRICE OF $34,475.00.
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 sale of 3 parcels of land (approximately 18,441 square feet
total) to the Arkansas State Highway Commission for right-of-way associated
with the Razorback Road widening for a total purchase price of $34,475.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby authorizes the Mayor and City Clerk to execute deeds and any other
instruments necessary to effect the conveyance of these properties.
PASSED and APPROVED this 6th day of September, 2005.
ATTEST:
By:
G�, . , ....ASG'
•G\tY pF,
141- '�A
E :FAYETTEVILLE:
9s'9RKANSC J=`;
SONDRA SMITH, City Clerk
APPROVED:
By
DAN COODY, Mayor
�r
• •
JOB NAME: North of Hwy. 16 — Hwy. 180
JOB
ORIGINAL TRACT
FAP
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: c/o Gary Dumas, 113 West Mountain, Fayetteville, AR 72701
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
040399
6
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the
undersigned does hereby give and grant to the Arkansas State Highway Commission, an agency of the
State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following
described real estate, save and except the oil and gas only therein and thereunder, situated in the County of
Washington, State of Arkansas, to wit:
LEGAL DESCRIPTION
Part of the Northwest Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West,
Washington County, Arkansas more particularly described as follows:
Beginning at a computed point being used as the Northeast 1/16 comer of Section 20 said point being on
the Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399; thence
North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of
Section 20 a distance of 12.58 feet to a point on the Easterly right of way line of Arkansas State Highway
112 as established by AHTD Job 4864; thence North 02° 45' 18" East along said right of way line a
distance of 200.00 feet to a point; thence South 87° 01' 44" East a distance of 12.59 feet to a point on the
Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399 said point
also being on the West line of the Northwest Quarter of the Northeast Quarter of Section 20; thence South
02° 45' 26" West along said right of way line a distance of 200.00 feet to the point of beginning and
containing 0.06 acres more or less as shown on plans prepared by the Al ITD referenced as Job 040399.
AJ/crr
04/11/05
•
•
■
Uncontrolled Access
Partially Controlled Access — Access break from Station
Fully Controlled Access
Fully Controlled Access with a frontage road
PREAUDITED AND ACCEPTED:
to Station
Property Manager to Negotiator
By Date
•
• •
PAYMENT DUE $2,525.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder;
to be paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time
within ninety (90) days from date; and it is agreed that if within the time above specified, the said
Commission shall declare its intention to exercise this "Contract to Sell" including the right to purchase
said land, the Grantor(s) will execute and sign a Warranty Deed when presented by the Commission and
receive payment of the stated "Payment Due" from the said Commission, Tess any amount that may be
found duc and payable to any mortgagee. It is expressly understood that the said Commission shall not be
obligated further unless stated herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's
Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording
all instruments conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make
payment of the purchase funds for the conveyance to
Dated this 13{L day of S pijun
r , 20
Signature Signature
Fed I D # /SS# Fed. I.D.# /SS#
x 1/Q.-4it J)!WL
Signature Signature
Fed. I.D.# /SS# Fed. I.D.# /SS#
ACKNOWLEDGMENT
STATE OF Ii rWQn5a5 )
) SS
COUNTY of 1,0ash1n.0n)
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting
within and for the aforesaid County, ounty, on this day personally appeared Oat^ ( � Mn ytr arid
nivi i 5►r►►t,C ell known to me to be the person(s) whose name(s) is subscribed to the
foregoing instrument and stated to me that 411.si executed the same for consideration
and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public ay oflAlf -, 2005 .
_i st4.rt.,
MY COMMISSION EXPIRES: Q��'�r' 0 �•0 & TARYPUBLIC
{� • yL
=SJ_i NOTAgy :.n
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�J�t PuaLt0 ; 2$
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AUTHORIZATION FORM
•
Form must be filled out completely, signed and turned
into Administrative immediately following first contact.
JOB # TRACT #
PROPERTY OWNER:
ADDRESS:
TELEPHONE #
MORTGAGE COMPANY
ADDRESS:
TELEPHONE #
LOAN #.
CONTACT PERSON:
Due to the construction of the above mentioned project we are acquiring property from your
mortgagor. It may be necessary to obtain a Partial Release from your company. The mortgagor
is aware that some or all the proceeds from this transaction may be required to be applied to the
principle balance of the mortgage. The mortgagor is also aware that we will be negotiating only
with the mortgagor and that any checks for funds conveyed will be made to the property owner.
If no mortgage, write "none." Must be signed by owner even if no mortgage.
By our signatures we are authorizing the Arkansas State Highway & Transportation Department
to enter into the process necesj y to obtain Partial elease, if necessary.
Mort or,', ignature
9,
_U EVIE:
FAYETTLL
�'9s'=RKANSP: J2,.
'0.y;NGTON C,2
uuuwau.
JOB NAME: North of Hwy. 16 — Hwy. 180
ORIGINAL
•
JOB
TRACT
FAP
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: Attn: Gary Dumas, 113 West Mountain, Fayetteville, AR 72701
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
040399
9
IN CONSIDERATION of the benefits that will inure to the Grantors) and the public, the
undersigned docs hereby give and grant to the Arkansas State Highway Commission, an agency of the
State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following
described real estate, save and except the oil and gas only therein and thereunder, situated in the County of
Washington, State of Arkansas, to wit:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as.
Starting at a cotton picker spindle being used as the East 1/16 comer of Sections 17 and 20; thence South
87° 28' 53" East along the North line of the Northeast Quarter of the Northeast Quarter of Section 20 a
distance of 24.14 feet to a point on the Easterly right of way line of Arkansas State Highway 112 as
established by AHTD Job 4864; thence South 03° 16' 33" West along said right of way line a distance of
27.92 feet to a point; thence South 68° 17' 21" East along said right of way line a distance of 31.62 feet to
a point; South 08° 54' 24" East along said right of way line a distance of 23.69 feet to a point; thence
North 85° 44' 32" East along said right of way line a distance of 40.35 feet to a point; thence South 66°
56' 15" West along said right of way line a distance of 55.33 feet to a point on the Easterly right of way
line of Arkansas State Highway 112 as established by AHTD Job 040399 for the point of beginning;
thence South 01° 09' 47" West along said right of way line a distance of 450.47 feet to a point; thence
North 87° 28' 53" West a distance of 42.29 feet to a point on the Southerly right of way line of Arkansas
State Highway 112 as established by AHTD Job 4864; thence North 03° 28' 23" East along said right of
way line a distance of 78.12 feet to a point; thence North 06° 08' 18" East along said right of way line a
distance of 100.12 feet to a point; thence North 00° 24' 48" East along said right of way line a distance of
100.13 feet to a point; thence North 03° 16' 33" East along said right of way line a distance of 160.02 feet
to a point; thence North 66° 56' 15" East along said right of way line a distance of 28.36 feet to the point
of beginning and containing 0.33 acres more or Tess as shown on plans prepared by the AHTD referenced
as Job 040399.
AJ/crr
03/31/05
1 oft
• •
PAYMENT DUE $30,550.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder;
to be paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time
within ninety (90) days from date; and it is agreed that if within the time above specified, the said
Commission shall declare its intention to exercise this "Contract to Sell" including the right to purchase
said land, the Grantor(s) will execute and sign a Warranty Deed when presented by the Commission and
receive payment of the stated "Payment Due" from the said Commission, less any amount that may be
found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be
obligated further unless stated herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's
Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording
all instruments conveying title to the Arkansas State Highway Commission.
Grantor(s) farther agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make
payment of the purchase funds for the conveyance to
Dated this N(4 day of4GXrtlatr
Signature
Fed. I.D.# /SS#
Signature
Fed I D # /SS#
Signature Signature
Fed. I.D.# /SS# Fed 1 D # /SS#
ACKNOWLEDGMENT
STATE OF ArKA.t'i5C5S )
SS
COUNTY S 4J49%tnS�nn )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting
within and for the aforesaid County, on this day personally appeared ttst emdy) Maier dra
Sethataittfire4atftwell known to me to be the person(s) whose names) is subscribed to the
foregoing instrument and stated to me that ftika
Y executed the same for consideration
and purposes therein mentioned and set forth
WITNESS my hand and seal asmc s ublic day ofSy'ktrt�f , 2005
/`% I�r u.} Q st n! -1.... �jY O •
c'•GQ a '
o o'i/
•i▪ �"s
MY CO SSI =c'. NOTARY LIC
,��..� ,,,��eG���� ;FAYE7TEVILLE:
`ice° • e , • 8 1. 9RKANSPEJ?• .
=2 �s _ �'nuGTO ria,,.
'` • o ` • 0•3 of 2
AUTHORIZATION FORM
Form must be filled out completely, signed and turned
into Administrative immediately following first contact.
JOB #
TRACT #
PROPERTY OWNER:
ADDRESS:
TELEPHONE #
MORTGAGE COMPANY
ADDRESS:
TELEPHONE #
LOAN #
CONTACT PERSON:
Due to the construction of the above mentioned project we are acquiring property from your
mortgagor. It may be necessary to obtain a Partial Release from your company. The mortgagor
is aware that some or all the proceeds from this transaction may be required to be applied to the
principle balance of the mortgage. The mortgagor is also aware that we will be negotiating only
with the mortgagor and that any checks for funds conveyed will be made to the property owner.
If no mortgage, write "none." Must be signed by owner even if no mortgage.
By our signatures we are authorizing the Arkansas State Highway & Transportation Department
to enter into the process necess` to obt a Par al Release, if necessary.
4IS, 4 .r/% Date t /3/0
•
JOB NAME: North of Hwy. 16 — I Iwy. 180
ORIGINAL
CONTRACT TO SELL
•.
JOB
TRACT
FAP
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: c/o Garu Dumas, 113 West Mountain, Fayetteville, AR 72701
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
040399
12
IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the
undersigned does hereby give and grant to the Arkansas State Highway Commission, an agency of the
State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following
described real estate, save and except the oil and gas only thcrein and thereunder, situated in the County of
Washington, State of Arkansas, to wit:
LEGAL DESCRIPTION
Part of the Northwest Quarter of the Northeast Quarter of Section 20, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Starting at a computed point being used as the Northeast 1/16 comer of Section 20 said point being on the
Easterly right of way line of Arkansas State Highway 112 as established by AHTD Job 040399; thence
North 87° 01' 44" West along the South line of the Northwest Quarter of the Northeast Quarter of Section
20 a distance of 102.58 feet to a point on the Westerly right of way line of Arkansas State Highway 112 as
established by AHTD Job 4864 for the point of beginning; thence continue North 87° 01' 44" West along
the South line of the Northwest Quarter of the Northeast Quarter of Section 20 a distance of 6.92 feet to a
point; thence North 02° 45' 26" East a distance of 200.00 feet to a point; thence South 87° 01' 44" East a
distance of 6.91 feet to a point on the Northerly right of way line of Arkansas State Highway 112 as
established by AHTD Job 4864; thence South 02° 45' 18" West along said right of way line a distance of
200.00 feet to the point of beginning and containing 0.03 acres more or Tess as shown on plans prepared
by the AHTD referenced as Job 040399.
AJ/crr
03/07/05
•
Uncontrolled Access
Partially Controlled Access — Access break from Station
Fully Controlled Access
Fully Controlled Access with a frontage road
PREAUDITED AND ACCEPTED:
to Station
Property Manager to Negotiator
By Date
•
PAYMENT DUE $1,400.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder;
to be paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time
within ninety (90) days from date; and it is agreed that if within the time above specified, the said
Commission shall declare its intention to exercise this "Contract to Sell" including the right to purchase
said land, the Grantor(s) will execute and sign a Warranty Deed when presented by the Commission and
receive payment of the stated "Payment Due" from the said Commission, less any amount that may be
found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be
obligated further unless stated herein to wit:
It is understood and agreed that closing costs will not accrue to the Grantors) as the Grantee's
Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording
all instruments conveying title to the Arkansas State Highway Commission.
Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make
payment of the purchase funds for the conveyance to
Dated this 134k day of Starnh,pr ,20
Signature
Fed. I.D.# /SS#
Signature
Fed. I.D.# /SS#
Signature
Fed I D # /SS#
Signature
Fed I D # /SS#
ACKNOWLEDGMENT
STATE OF ArKansas )
) SS
COUNTY b4 vkashvrtSFon )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting
within and for the aforesaid County, on this day personally appeared DM(&' odyn Map r u►AAol
x r well known to me to be the person(s) whose name(s) s subscribed to the
foregoing instnunbnt and stated to me that ►i) �( executed the same for consideration
and purposes therein mentioned and set forth. I
WITNESS my hand and seal as such Notary Public ay of Segintibt, ,
anto
MY C S'SION EXPIRES:
NOTARY Pt7BLIC
AUTHORIZATION FORM
Form must be filled out completely, signed and turned
into Administrative immediately following first contact.
JOB #
PROPERTY OWNER:
ADDRESS:
TRACT #
TELEPHONE #
MORTGAGE COMPANY
ADDRESS:
TELEPHONE #
LOAN #
CONTACT PERSON:
Due to the construction of the above mentioned project we are acquiring property from your
mortgagor. It may be necessary to obtain a Partial Release from your company. The mortgagor
is aware that some or all the proceeds from this transaction may be required to be applied to the
principle balance of the mortgage. The mortgagor is also aware that we will be negotiating only
with the mortgagor and that any checks for funds conveyed will be made to the property owner.
If no mortgage, write "none." Must be signed by owner even if no mortgage.
By our signatures we are authorizing the Arkansas State Highway & Transportation Department
to enter into the process necessa,tr o obtain . Partial elease, if necessary.
/w /3Z
n/
Mortgagor's Signature
t1/4� t\SYOc pcc
•kJ:
E :FAYETiEVILLE•
t;.
'.9sy eiWANSI:�J�,'.
ARKANSAS
•
Date: August 18, 2005
Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer 01
Subject: Razorback Road (Hwy 112) Widening Project
Right -Of -Way Acquisition
RECOMMENDATION
va, 165
City of Fayetteville 1 �I
Engineering Division
113 West Mountain ,,_
Fayetteville, AR 72701 LCl'f4
ph: 479-575-8206 shogu
fax: 479-575-8202
Lcminision
/ma S+ti-
Staff recommends Council approval of the conveyance of right-of-way to the Arkansas State
Highway Commission for a purchase price of $34,475.
BACKGROUND
The Arkansas State Highway Department (AHTD) has a current construction project (Job 040399)
for the widening of Hwy 112 (Razorback Road) from 15th Street to 6ih Street. Bids were opened
on August l0'h and Gilbert Central is the apparent low bidder. AHTD typically issues a Notice To
Proceed to the contractor 30 days after the bid opening.
DISCUSSION
For the purposes of constructing the proposed widening project, AHTD is requesting the
acquisition of three parcels of City land for State Highway right-of-way. Tract 6 is 2,517± square
feet for $2,525. Tract 9 is 14,541± square feet for $30,550, and Tract 12 is 1,383± square feet for
$1,400 for a total land arca of 18,441± square feet and a total purchase price of 534,475.
BUDGETIMPAC
The $34,475 gained from the sale of this property should be reinvested into City Project Number
05014, Razorback Road Utility Water/Sewer Relocations to offset the project costs of acquiring
new easements to relocate the City utilities as part of this State Highway construction project.
RP/pdl
Attachments: Three A1ITD Contracts To Sell
• •
RESOLUTION NO.
A RESOLUTION APPROVING THE SALE OF 3 PARCELS OF
LAND (APPROXIMATELY 18,441 SQUARE FEET TOTAL) TO
THE ARKANSAS STATE HIGHWAY COMMISSION FOR RIGHT-
OF-WAY ASSOCIATED WITH THE RAZORBACK ROAD
WIDENING FOR A TOTAL PURCHASE PRICE OF $34,475.00.
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 sale of 3 parcels of land (approximately 18,441 square feet
total) to the Arkansas State Highway Commission for right-of-way associated
with the Razorback Road widening for a total purchase price of 534,475.00.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby authorizes the Mayor and City Clerk to execute deeds and any other
instruments necessary to effect the conveyance of these properties.
PASSED and APPROVED this 6th day of September, 2005.
ATTEST:
By
APPROVED: eh"
B ,r
By
DANCCO PY, Mayor,
! JJ
r
t
•
ONDRA: MhR ;.City Clerk
;ad.
Ron Petrie
Submitted By
•
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
September 6, 2005
City Council Meeting Date
•
Engineering Operations
Division
Department
Acticn Required:
A resolution to accept offers totaling approximately $34,475 from the Arkansas State Highway Commission for 3
tracts of City property (18,441 sq. ft., more or less) along Razorback Road (Hwy 112), arm -to -waive -the requirements-
ef-S - .- - . - = - •' and to authorize the Mayor to execute deeds and any
other necessary papers to effect a transfer of ownership of this property.
$ ' q v-?( Mites arts.
Cost of this request
$
21oe�MIa •-•
Account Number
Project Number
.,1 bo) -Ssi. e6 ass.b
Category / Project Budget Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Department Director
�2.L,
City Attomey
v
. . t
C:0 filLal—
Mayor Date
Finance
emal Service Director
gr:-/2ciS
Date Original Contract Date:
Previous Ordinance or Resolution #
,$1la io5
ate
lett oc
Date
Original Contract Number:
received in City Clerk's Office
Received in Mayor's Office
Comments:
•
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5tki -L6 - 5-0 I - 5(o - 03-47q
LClance Pearman - Res. 181-05 Res. 182 • Page 11
From: Clarice Pearman
To: Petrie, Ron
Date: 9/14/05 12:20PM
Subject: Res. 181-05, Res 182-05
Ron,
Attached is a copy of the resolutions passed by City Council September 6, 2005 for sale of parcels to the
AHTD. Please see that I get a completed documents to attached to these resolutions upon completion of
sale.
Thanks.
Clarice
CC: Deaton, Vicki