HomeMy WebLinkAbout182-05 RESOLUTION• •
RESOLUTION NO. 182-05
A RESOLUTION APPROVING THE TRANSFER OF 2 PARCELS
OF LAND (APPROXIMATELY 12,614 SQUARE FEET TOTAL) TO
THE ARKANSAS STATE HIGHWAY COMMISSION FOR RIGHT-
OF-WAY ASSOCIATED WITH THE GREGG AVENUE
WIDENING.
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 transfer of 2 parcels of land (approximately 12,614 square
feet total) to the Arkansas State Highway Commission for right-of-way
associated with the Gregg Avenue widening.
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 transfer of these properties.
PASSED and APPROVED this 6th day of September, 2005.
ATTEST:
By. tt4J
SONDRA SMITH, City Clerk
APPROVED:
By
DAN COODY, Mayor
• •
JOB NAME: Township Rd. — Futrall Dr. (Gregg Ave. — Fayetteville) JOB
TRACT
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: Fayetteville, AR
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
040420
9
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 Northeast Quarter of the Southeast Quarter of Section 34, Township 17 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Starting at a point of commencement being used as the Southeast 1/16 comer of Section 34; thence South
87° 26' 57". East along the North line of the Southeast Quarter of the Southeast Quarter of Section 34 a
distance of 448.88 feet to a point on the Easterly prescriptive right of way line of State Highway 180 as
established by Affidavit from the City of Fayetteville dated November 6, 2001; thence North 28° 10' 58"
West along said right of way line a distance of 126.38 feet to a point; thence North 87° 34' 04" West
along said right of way line a distance of 9.79 feet to a point; thence North 26° 12' 38" West along said
right of way line a distance of 464.23 feet for the point of beginning; thence North 20° 00' 15" West along
said right of way line a distance of 142.96 feet to a point on the Northeasterly right of way line of State
Highway 180 as established by AI-ITD Job 040420; thence South 55° 27' 48" East along said right of way
line a distance of 34.27 feet to a point; thence South 20° 44' 25" East along said right of way line a
distance of 105.00 feet to a point; thence South 07° 07' 21" West along said right of way line a distance of
11.91 feet to a point; thence South 71° 59' 18" West a distance of 15.81 feet to the point of beginning and
containing 0.06 acres more or less as shown on plans prepared by the AHTD referenced as Job 040420.
And Also:
Part of the North 1/2 of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter
all being in Section 34, Township 17 North, Range 30 West, Washington County, Arkansas, more
particularly described as follows:
Starting at a point of commencement being used as the Center East 1/16 corner of Section 34; thence
North 87° 29' 51"West along the North line of the Northwest Quarter of the Southeast Quarter of Section
34 a distance of 59.01 feet to a point on the Easterly right of way line of State Highway 180 as established
by AHTD Job 040420 for the point of beginning; thence South 05° 21' 20" East along said right of way
Page 1 of 2
line a distance of 23.81 feet to a point; thence South 06° 55'.03" East along said right of way line a
distance of 174.53 feet to a point; thence South 07° 48' 34" East along said right of way line a distance of
148.55 feet to a point; thence South 09° 31' 48" East along said right of way line a distance of 98.15 feet
to a point; thence South 10° 47' 15" East along said right of way line a distance of 69.83 feet to a point on
the Easterly prescriptive right of way line of State Highway 180 as established by Affidavit from the City
of Fayetteville dated November 6, 2001; thence North 13° 27' 42" West along said right of way line a
distance of 141.74 feet to a point; thence North 10° 14' 18" West along said right of way line a distance of
291.22 feet to a point; thence North 08° 05' 22" West along said right of way line a distance of 96.51 feet
to a point; thence North 86° 19' 55" East along said right of way line a distance of 6.17 feet to a point;
thence in a Northwesterly direction along said right of way line on a curve to the right having a radius of
1879.86 feet a distance of 117.83 feet having a chord bearing of North 01° 52' 20" West a distance of
117.81 feet to a point; thence North 00° 04' 36" West along said right of way line a distance of 32.90 feet
to a point; thence South 88° 32' 02" East a distance of 18.01 feet to a point on the Easterly right of way
line of State Highway 180 as established by AHTD Job 040420; thence South 11° 38' 04" East along said
right of way line a distance of 55.19 feet to a point; thence South 83° 52' 59" West along said right of way
line a distance of 17.03 feet to a point; thence South 06° 49' 53" East along said right of way line a
distance of 49.16 feet to a point; thence South 05° 21' 20" East along said right of way line a distance of
56.60 feet to the point of beginning and containing 0.22 acres more or less as shown on plans prepared by
the AHTD referenced as Job 040420.
Total area to acquire containing 0.28 acres more or less.
DCM/crr
11/01/04
® Uncontrolled Access
❑ Partially Controlled Access— Access break from Station
O Fully Controlled Access
❑ Fully Controlled Access with a frontage road
to Station
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
Page 2 of 2
JOB NAME• Township Rd. — Futrall Dr.
(Gregg Ave. — Fayetteville)
•
JOB 040420
TRACT 9
AGREEMENT FOR DONATION
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
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 Sharp, State of Arkansas, to wit:
l v LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southeast Quarter of Section 34, Township 17 North, Range
30 West, Washington County, Arkansas, more particularly described as follows:
Starting at a point of commencement being used as the Southeast 1/16 corner of Section 34;
thence South 87° 26' 57" East along the North line of the Southeast Quarter of the Southeast
Quarter of Section 34 a distance of 448.88 feet to a point on the Easterly prescriptive right of way
line of State Highway 180 as established by Affidavit from the City of Fayetteville dated
November 6, 2001; thence North 28° 10' 58" West along said right of way line a distance of
126.38 feet to a point; thence North 87° 34' 04" West along said right of way line a distance of
9.79 feet to a point; thence North 26° 12' 38" West along said right of way line a distance of
464.23 feet for the point of beginning; thence North 20° 00' 15" West along said right of way line
a distance of 142.96 feet to a point on the Northeasterly right of way line of State Highway 180
as established by AHTD Job 040420; thence South 55° 27' 48" East along said right of way line a
distance of 34.27 feet to a point; thence South 20° 44' 25" East along said right of way line a
distance of 105.00 feet to a point; thence South 07° 07' 21" West along said right of way line a
distance of 11.91 feet to a point; thence South 71° 59' 18" West a distance of 15.81 feet to the
point of beginning and containing 0.06 acres more or less as shown on plans prepared by the
AHTD referenced as Job 040420.
And Also:
Page 1 of 3
• •
Part of the North 1/2 of the Southeast Quarter and part of the Southwest Quarter of the Northeast
Quarter all being in Section 34, Township 17 North, Range 30 West, Washington County,
Arkansas, more particularly described as follows:
Starting at a point of commencement being used as the Center East 1/16 corner of Section 34;
thence North 87° 29' 51"West along the North line of the Northwest Quarter of the Southeast
Quarter of Section 34 a distance of 59.01 feet to a point on the Easterly right of way line of State
Highway 180 as established by AHTD Job 040420 for the point of beginning; thence South 05°
21' 20" East along said right of way line a distance of 23.81 feet to a point; thence South 06° 55'
03" East along said right of way line a distance of 174.53 feet to a point; thence South 07° 48'
34" East along said right of way line a distance of 148.55 feet to a point; thence South 09° 31'
48" East along said right of way line a distance of 98.15 feet to a point; thence South 10° 47' 15"
East along said right of way line a distance of 69.83 feet to a point on the Easterly prescriptive
right of way line of State Highway 180 as established by Affidavit from the City of Fayetteville
dated November 6, 2001; thence North 13° 27' 42" West along said right of way line a distance
of 141.74 feet to a point; thence North 10° 14' 18" West along said right of way line a distance of
291.22 feet to a point; thence North 08° 05' 22" West along said right of way line a distance of
96.51 feet to a point; thence North 86° 19' 55" East along said right of way lint a distance of 6.17
feet to a point; thence in a Northwesterly direction along said right of way line on a curve to the
right having a radius of 1879.86 feet a distance of 117.83 feet having a chord bearing of North
01° 52' 20" West a distance of 117.81 feet to a point; thence North 00° 04' 36" West along said
right of way line a distance of 32.90 feet to a point; thence South 88° 32' 02" East a distance of
18.01 feet to a point on the Easterly right of way line of State Highway 180 as established by
AHTD Job 040420; thence South 11° 38' 04" East along said right of way line a distance of
55.19 feet to a point; thence South 83° 52' 59" West along said right of way line a distance of
17.03 feet to a point; thence South 06° 49' 53" East along said right of way line a distance of
49.16 feet to a point; thence South 05° 21' 20" East along said right of way line a distance of
56.60 feet to the point of beginning and containing 0.22 acres more or less as shown on plans
prepared by the AHTD referenced as Job 040420.
Total area to acquire containing 0.28 acres more or less.
IN ACCORDANCE with Public Law 91-646, Uniform Relocation Assistance and Real
Property Acquisition Policies Act, the Grantor has the right to receive just compensation for the
subject property. Also, the Grantor is entitled to an appraisal of the subject property. Execution
of this agreement will release the Commission from the obligation of providing just
compensation and an appraisal.
"Closing costs will not accrue to the Grantor(s) as the Grantee's Attomey 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".
Page 2 of 3
•
"Grantor(s) further agrees neither to sell nor encumber the said real estate during the term
of this "Agreement for Donation".
Dat
day of 3j -f rnbsr ,, 2005.
Signature
Signature
Fed I.DJSS#
Mayor
ACKNOWLEDGMENT
STATE OF A r kanst2S )
) SS
COUNTY OF (A)a.S(.t n9}an )
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 bat] Beady l itA yo r and
ThikitStmaarewell known to me to be the person(s) whose name(s) is subscribed
to the foregoing instrument and stated to me that `YYt i executed the same for
consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public cday of�j3.�- , 2005.
Yllaid 5, XtliD eftFri* eittotivez
Qom"?
MY COMMISSION EXPIRES: .• 5 tG��.
+��'� .� �': NOTARY PUBLIC
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Page3of3
•
JOB NAME: Township Rd. — Futrall Dr. (Gregg Ave. — Fayetteville) JOB
TRACT
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address:
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
040420
17
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 Lot 21 of the Sunbridge Center Subdivision to the City of Fayetteville, Township 17, North, Range
30 West, Washington County, Arkansas, more particularly described as follows:
Starting at a point of commencement being used as the Southeast 1/16 corner Section 34; thence South
87° 26' 57" East along the North line of the Southeast Quarter of the Southeast Quarter of Section 34 a
distance of 448.88 feet to a point on the Easterly prescriptive right of way line of State Highway 180 as
established by Affidavit from the City of Fayetteville dated November 6, 2001; thence South 28° 10' 58"
East along said right of way line a distance of 77.52 feet to a point; thence South 28° 16' 30" West along
said right of way line a distance of 260.80 feet for the point of beginning; thence South 67° 58' 32" East a
distance of 42.61 feet to a point on the Northerly right of way line of Sunbridge Drive as established by
the plat of Sunbridge Center Subdivision recorded in Plat Book 13, Page 60; thence South 67° 25' 13"
West along said right of way line a distance of 30.00 feet to a point on the Easterly prescriptive right of
way line of State Highway 180 as established by Affidavit from the City of Fayetteville dated November
6, 2001; thence North 22° 24' 45" West along said right of way line a distance of 25.81 feet to a point;
thence North 28° 16130" West along said right of way line a distance of 4.13 feet to the point of beginning
and containing 433 square feet more or less as shown on plans prepared by the AHTD referenced as Job
040420.
DCM/crr
04/27/05
Uncontrolled Access
❑ Partially Controlled Access — Access break from Station
O Fully Controlled Arrns
❑ Fully Controlled Access with a frontage road
to Station
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
• •
JOB NAME: Township Rd. — Futrall Dr.
(Gregg Ave. — Fayetteville)
JOB 040420
TRACT 17
AGREEMENT FOR DONATION
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
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 Sharp, St t_eof Arkansas, to wit:
LEGAL DESCRIPTION
Part of Lot 21 of the Sunbridge Center Subdivision to the City of Fayetteville, Township 17,
North, Range 30 West, Washington County, Arkansas, more particularly described as follows:
Starting at a point of commencement being used as the Southeast 1/16 corner Section 34; thence
South 87° 26' 57" East along the North line of the Southeast Quarter of the Southeast Quarter of
Section 34 a distance of 448.88 feet to a point on the Easterly prescriptive right of way line of
State Highway 180 as established by Affidavit from the City of Fayetteville dated November 6,
2001; thence South 28° 10' 58" East along said right of way line a distance of 77.52 feet to a
point; thence South 28° 16' 30" West along said right of way line a distance of 260.80 feet for
the point of beginning; thence South 67° 58' 32" East a distance of 42.61 feet to a point on the
Northerly right of way line of Sunbridge Drive as established by the plat of Sunbridge Center
Subdivision recorded in Plat Book 13, Page 60; thence South 67° 25' 13" West along said right of
way line a distance of 30.00 feet to a point on the Easterly prescriptive right of way line of State
Highway 180 as established by Affidavit from the City of Fayetteville dated November 6, 2001;
thence North 22° 24' 45" West along said right of way line a distance of 25.81 feet to a point;
thence North 28° 16' 30" West along said right of way line a distance of 4.13 feet to the point of
beginning and containing 433 square feet more or less as shown on plans prepared by the AHTD
referenced as Job 040420.
IN ACCORDANCE with Public Law 91-646, Uniform Relocation Assistance and Real
Property Acquisition Policies Act, the Grantor has the right to receive just compensation for the
subject property. Also, the Grantor is entitled to an appraisal of the subject property. Execution
of this agreement will release the Commission from the obligation of providing just
compensation and an appraisal.
Page 1 of 2
• •
"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 this "Agreement for Donation".
Date this /3 day of ,2005
r 09‘1440 /tektaki
SignatureMayor / / Signature City C10,,I1
Fed !.DJSS# CJ
ToWT,RfA..,•
�1.Z`} O,c •Q'a_ETiEviLLE•�G70N G �•41p11M1,�"
ACKNOWLEDGMENT
STATE OF 14rK�tn5Q3
1 ) SS
COUNTY OF &n ht As la/1 )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary
l Publli'c,
acting within and for A the AAaforesaid County, on this day personally appeared � Ct0dy, /"I t yo r
arst
ra.�lru`iit l.iu a j. well known to me to be the person(s) whose name(s) is subscribed
to the foregoing instrument and stated to me that executed the same for
consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Publicay of$pbkyr , 2005.
8'� )otO
MY COMMISSION EXPIRES:
t • NOTARy •:�
5z'
' •3r.=
J •• runto ; 2$V1414: Pitt
NOTARY PUBLIC
ARKANSAS
•
Date: August 19, 2005
Fayetteville City Council
Thru: Dan Coody, Mayor
Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer 4
Subject: Gregg Avenue (Hwy 180) Widening Project
Right -Of -Way Acquisition
RECOMMENDATION
Res
/G�//OS
City of Fayetteville / eA
ee
Enginring Division I ✓
113 Wtat Mountain WO( t
Fayetteville, AR 72701+10rr✓
ph: 479-575-8206 'rr
fax: 479-575-8202 ny,S5I01
lit;» t_
Staff recommends Council approval of the dedication of right-of-way to the Arkansas State
Highway Commission.
BACKGROUND
fhc City adopted Resolution No. 110-01 supporting the widening of Hwy 180 (Gregg Ave) from
Township Street to Fulbright Expressway and agreeing to certain terms with the Arkansas State
I Iighway & Transportation Department (AHTD). AHTD will construct the new roadway at their
cost in exchange for the City reimbursing AHTD for right-of-way acquisitions and utility
relocations. Additionally, once the project is complete, the City will accept for future maintenance
the entire section of Hwy 180 from N. College to the Fulbright Expressway which includes
Township Street from N. College to Gregg Avenue, and Gregg Avenue from Township Street to
the Fulbright Expressway. Township Street and Gregg Avenue will be removed from the State
Highway System and become part of the City Street System.
DISCUSSION
For the purposes of constructing the proposed widening project, AI ITD is requesting the
acquisition of two parcels of City land for State Highway right-of-way. Tract 9 is 12,181 square
feet, more or less and Tract 17 is 433 square feet, more or less for a total of 12.614 square feet,
more or less which has an estimated land value of S16,600. This property will he conveyed to
AHTD for the construction of this project, but will be conveyed back to the City once the project
has been completed and the entire roadway including State right-of-way is tumed over to the City
for maintenance.
BUDGET IMPACT
No Impact.
RP/pol
Attachments: Two AHTD Contracts To Sell
• •
RESOLUTION NO.
A RESOLUTION APPROVING THE TRANSFER OF 2 PARCELS
OF LAND (APPROXIMATELY 12,614 SQUARE FEET TOTAL) TO
THE ARKANSAS STATE HIGHWAY COMMISSION FOR RIGHT-
OF-WAY ASSOCIATED WITH THE GREGG AVENUE
WIDENING.
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 transfer of 2 parcels of land (approximately 12,614 square
feet total) to the Arkansas State Highway Commission for right-of-way
associated with the Razorback Road widening.
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 transfer of these properties.
PASSED and APPROVED this 6th day of September, 2005.
APPROVED: !
ATTEST -
(t
• •
RESOLUTION NO.
A RESOLUTION APPROVING THE "TRANSFER OF 2 PARCELS
OF LAND (APPROXIMATELY 12,614 SQUARE FEET TOTAL) TO
THE ARKANSAS STATE HIGHWAY COMMISSION FOR RIGHT-
OF-WAY ASSOCIATED WITH THE GREGG AVENUE
WIDENING.
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 transfer of 2 parcels of land (approximately 12,614 square
feet total) to the Arkansas State Highway Commission for right-of-way
associated with the Gregg Avenue widening.
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 transfer of these properties.
PASSED and APPROVED this 6t day of September, 2005.
ATTEST:
itt
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
September 6, 2005
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
A resolution to convey 2 tracts of City property (12,614 sq. ft., more or less) along Gregg Avenue (Hwy
Arkansas State Highway Commission, -e
to authorize the Mayor to execute a deed and any other necessary papers to effect
ownership of this property
.1
180) to the
a transfer of
$
Cost of this request
360,000.00
4470.9470.5809.00 $
Account Number
Category / Project Budget
330,000.00
Gregg - Fulbright to Township ROW
Program Category / Project Name
Street Improvements
Funds Used to Date Program / Project Category Name
04010 $ 30,000.00
Project Number Remaining Balance
Budgeted Item
Budget Adjustment Attached
Sales Tax
Fund Name
BP."
epartment Director Date
Finance and Internal Service Director
Mayor
Ss
ate
3/%1ti of
Da
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Clarice Pearman -Res 1811-05, .Res. 182
From: Clarice Pearman
To: Petrie, Ron
Date: 9/14/05 12:20PM
Subject: Res. 181-05, Res 182-05
• Page 1
Ron,
Attached is a copy of the resolutions passed by City Council September 6, 2005 for sale of parcels to the
AIiTD. Please see that I get a completed documents to attached to these resolutions upon completion of
sale.
Thanks.
Clarice
CC: Deaton, Vicki