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Home My WebLink About31-06 RESOLUTIONRESOLUTION NO. 31-06 A RESOLUTION DESIGNATING BY WARRANTY DEED A PORTION OF CITY -OWNED PROPERTY ADJACENT TO HAPPY HOLLOW ROAD AND HUNTSVILLE ROAD AS RIGHT-OF- WAY FOR THE INTERSECTION IMPROVEMENT PROJECT. 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 designates by Warranty Deed a portion of city -owned property adjacent to Happy Hollow Road and Huntsville Road as right -of- way for the intersection improvement project. A copy of the Warranty Deed, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 21st day of February, 2006. •c"; .U• •13s :FAYETTEVILLE; 3 9s'•. KANsP.•NS ;• ;i ATTEST: te,,tA,GTON��E,00 By: &St- -f Mai SON RA SMITH, City Clerk • APPROVED: By: Happy Hollow/Huntsville Right -of -Way Part of Parcel No. 765-15227-000. WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: i�ii1 \\1111111111111111111111111111111 \ic ID ii i1013 iii111111111iii REL Recorded 03/15/2006 at 01 15:24 PM Fee Amt: $14.00 Paae 1 of 3 Wash/naton County. AR Bette Stamps Clrcult Clerk Fl1e2006-00010389 THAT the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal 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 the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 23, Township 16 North, Range 30 West, being more particularly described as follows: Beginning at a set iron pin also being the Southwest corner of property described in Deed Ref. 2005-11305; thence with the West property line (also being the existing East right-of-way of Happy Hollow Road) North 03° 15' 28" East 738.00 feet to a found iron pin; thence North 72° 20' 24" East 114.00 feet to a set iron pin; thence with the North property line (also being the existing South right-of-way of Huntsville Road) the following calls: South 65° 04' 34" East 87.83 feet to a set iron pin, South 67° 09' 35" East 233.00 feet to a set iron pin, South 72° 41' 22" East 244.56 feet to a found iron pin; thence with the East property line (also being the West right-of-way Ray Avenue) South 04° 33' 19" West 23.01 feet to a set iron pin; thence leaving said East property line North 74° 25' 24" West 139.96 feet to a set iron pin; thence with a curve to the<right having a radius of 1355.00 feet for an arc length of 212.82 feet (chord bearing and distance of North 69° 55' 26" West 212.60 feet) to a set iron pin; thence North 65° 25' 28" West 14.95 feet to a set iron pin; thence with a curve to the left having a radius of 195.00 feet for an arc length of 379.17 feet (chord bearing and distance of South 58° 52' 12" West 322.20 feet) to a set iron pin; thence South 03° 09' 53" West 500.45 feet to a set iron pin; thence North 87° 09' 35" West 25.11 feet, to the Point of Beginning, containing 1.16 acres, more or less. The bearings used in this description are based on City of Fayetteville GPS Monuments and may vary from bearings used previously to describe subject property. 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 Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this ATTEST: Sondra Smith, City Clerk BY: day of /bruarj CITY OF FAYETTEVILLE, ARKANSAS A Munici . I Corporation 2006. Goody, Mayor N.�`VONTRr .,, • oma A_ E ;FAY ETT EVILLE; %eki • kANSC�•\) 1/11/'GTON GC2:0� uunfN' (SEAL] WARRANTY DEED City of Fayetteville, Arkansas Page 2 oft ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON 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 Dan Coody and Sondra Smith, to me well known as the persons 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 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. WITNESS my hand and seal on this 0249-1, day of Fib rtail 2006. MY COMMISSION EXPIRES: 14141 $� 020/0 O`%F ttptlOHE 04,, -EY: tv .Ai •• V; ,A01ARy ••-7 • =5• :zS� - so• -UB00 •z: 110111era01111111100`,,,, Notary Public • 1 i O ENGINEERING DIVISION 113 W. MOUNTAIN STREET nn[e PM nFcw PM On NMI mrq NAPPY HOLLOW 4 14UNTE ILLII ROAD INTERSECTION IMPROVEMENTS PROPOSED LAND ACOEI ITION 1 4 Project No. 04011 Huntsville & Happy Hollow Intersection Parcel No 765-15227-000 GENERAL UTILITY EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT, the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby GRANT, SELL and CONVEY unto the City of Fayetteville, Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee'ssuccessors and assigns, a permanent easement for the purpose of construction, maintenance, repair and/or replacement, enlargement and operations of roadway, drainage, sidewalks, and general utilities including water and/or sanitary sewer pipe line or lines, manholes, natural gas, electrical power, telephone, fiber optic cable(s) and television communication line or lines, and appurtenances thereto, on over, across, and under the following described land situated in the County of Washington, State of Arkansas, to -wit: 111111111111 IIW I1lll1il11111lil111111MilIIIIII_IISIIIIISII I Doc ID. 0097580 0003 Tvpe REL Recorded 03/15/2006 at 01: 5 00 PM Fee Amt: S 4.00 Paae of 3 Washinaton County. AR Bette Stamps Circuit clerk F11e20.064)0010388 PROPERTY DESCRIPTION: (Deed Ref. 2005-00011305) Part of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 23, Township 16 North, Range 30 West of the 5' Principal Meridian, Washington County, Arkansas, more particularly described as follows: Beginning at a point which is North 02° 35' 03" East 200.00 feet and South 87° 24' 57" East 10.00 feet from the Southwest corner of the NE%, of the NW% of said Section 23; thence North 02° 35' 03" East 738.00 feet; thence North 71° 40' 00" East 114.00 feet; thence South 65° 44' 59" East 87.33 feet; thence South 67° 50' 00" East 233.00 feet; thence South 73° 21' 47" East 244.56 feet; thence South 03° 52' 54" West 294.69 feet; thence South 01° 09' 50" West 330.27 feet; thence North 87° 50' 00" West 150.00 feet; thence South 02° 10' 00" West 179.30 feet; thence North 87° 50' 00" West 257.70 feet; thence North 02° 35' 03" East 200.00 feet; thence North 87° 50' 00" West 240.00 feet to the Point of Beginning, containing 11.50 acres subject to road rights of way on the West, North and East sides and other easements of record. LESS AND EXCEPT NEW PROPOSED RIGHT-OF-WAY FOR HUNTSVILLE AND HAPPY HOLLOW ROADS: A part of the Northeast Quarter (NE%) of the Northwest Quarter (NW%) of Section 23, Township 16 North, Range 30 West, being more particularly described as follows: Beginning at a set iron pin also being the Southwest corner of property described in Deed Ref. 2005-11305; thence with the West property line (also being the existing East right-of-way of Happy Hollow Road) North 03° 15' 28" East 738.00 feet to a found iron pin; thence North 72° 20' 24" East 114.00 feet to a set iron pin; thence with the North property line (also being the existing South right-of-way of Huntsville Road) the following calls: South 65° 04' 34" East 87.83 feet to a set iron pin, South 67° 09' 35" East 233.00 feet to a set iron pin, South 72° 41' 22" East 244.56 feet to a found iron pin; thence with the East property line (also being the West right-of-way Ray Avenue) South 04° 33' 19" West 23.01 feet to a set iron pin; thence leaving said East property line North 74° 25' 24" West 139.96 feet to a set iron pin; thence with a curve to the right having a radius of 1355.00 feet for an arc length of 212.82 feet (chord bearing and distance of North 69° 55' 26" West 212.60 feet) to a set iron pin; thence North 65° 25' 28" West 14.95 feet to a set iron pin; thence with a curve to the left having a radius of 195.00 feet for an arc length of 379.17 feet (chord bearing and distance of South 58° 52' 12" West 322.20 feet) to a set iron pin; thence South 03° 09' 53" West 500.45 feet to a set iron pin; thence North 87° 09' 35" West 25.11 feet, to the Point of Beginning, containing 1.16 acres, more or less. The bearings used in this description are based on City of Fayetteville GPS Monuments and may vary from bearings used previously to describe subject property. PERMANENT EASEMENT DESCRIPTION: A twenty (20) foot wide permanent easement being parallel with and adjacent to the East and South lines of the proposed new right-of-way of Huntsville and Happy Hollow Roads as described hereinabove, and being on the East and South sides thereof, containing 0.565 acres more or less Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, until the use of said permanent easement is relinquished, abandoned or vacated and so long as such pipe line or lines, electrical power, telephone and/or television lines or cables, manholes and/or appurtenances thereto shall be maintained, together with free ingress to and egress from the real estate first herein above described for the uses and purposes herein above set forth. GENERAL UTILITY EASEMENT City of Fayetteville, Arkansas Page2of2 The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said Grantee, which hereby agrees to bury all pipes, lines and/or cables where feasible, to a sufficient depth so as not to interfere with cultivation of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they shall be at a height above water. • The Grantor agrees no to erect any buildings or structures in said permanent easement other than fences and said fences shall not exceed six (6) feet in height. The Grantee shall have the right to construct additional pipe lines, electric power lines, telephone and/or television lines or cables upon the above described easement at any time in the future. The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this a '1114 day of-Rget-ir2y 2006. ATTEST: S n ramdS - h, Cdy Cle k Autt BY: CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation Dan oody, Mayor pEAL4 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 Dan Coody and Sondra Smith, to me well known as the persons 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 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. WITNESS my hand and seal on this ZLtIW day of RtSPUAiat-t 2006. MY COMMISSION EXPIRES: 09- /S- ?co-? ttttttttttt 'a ., .. • 4.:' • :�CT 0 ida Q O _> :3E • > ••v ��^ ••.......s?� • CM) 01.0:111 MX it (01) ill• -•160 Paul Libertini Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts February 21, 2006 City Council Meeting Date Engineering Division Action Required: Operations Department A resolution designating a portion of the property purchased from Tyson Foods, Inc. (Mexican Original) as right-of- way for the intersection improvement project, Happy Hollow Rd & Huntsville Rd. Cost of this request 4470.9470.5809.00 Account Number 04011 Project Number Budgeted Item X Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Huntsville & Happy Hollow Intersection Program Category / Project Name Street Improvements Program / Project Category Name Capital Improvement Const Fund Name Department D ector Date 434517 City Attomey a 42..H 0 L Finance and Internal Service Director bate Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office ittesvilASle • City of Fayetteville Engineering Division 113 West Mountain Fayetteville, AR 72701 ph: 479-575-8206 fax: 479-575-8202 Date: February 2, 2006 • To: Fayetteville City Council Thru: Dan Coody, Mayor Gary Dumas, Director of Ope tions Ron Petrie, City Engineer From: Paul Libertini, Staff Engineer Subject: Happy Hollow Rd & Huntsville Rd (Hwy 16) Intersection Improvements RECOMMENDATION: Staff recommends approval of a resolution designating a portion of the property purchased from Tyson Foods, Inc. (Mexican Original) as right-of-way for the intersection improvement project, Happy Hollow Rd & Huntsville Rd. BACKGROUND This intersection improvement project is part of the 2004-2008 Capital Improvements Program. The construction contract has been awarded to Sweetser Construction, Inc. and a Notice To Proceed was issued on January 16, 2006. DISCUSSION / STATUS When this project was initiated, it was understood that additional right-of-way would needed to be acquired from the Tyson Mexican Original Plant location. Since the City pursued and purchased the entire parcel, the additional right-of-way was not an issue. The City has certified to AHTD that the property affected by this project is in public ownership. AHTD is now requiring that the portion of City property to be used by this project be designated as right-of-way by warranty deed. BUDGET IMPACT: No impact. However, it should be noted that the property to be designated as right-of-way (1.16 acres or 50,469 sq. ft.) could likely have a value of $5± per square foot or S250,000±. PDL/pdl Attachments: Warranty Deed and Parcel Sketch RESOLUTION NO. A RESOLUTION DESIGNATING BY WARRANTY DEED A PORTION OF CITY -OWNED PROPERTY ADJACENT TO HAPPY HOLLOW ROAD AND HUNTSVILLE ROAD AS RIGHT-OF- WAY FOR THE INTERSECTION IMPROVEMENT PROJECT. 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 designates by Warranty Deed a portion of city -owned property adjacent to Happy Hollow Road and Huntsville Road as right -of- way for the intersec improvement project. A copy of the Warranty Deed, marked Exhibit ✓"'1 attached hereto and made a part hereof. PASSED and APPROVED this 21st day of Febfiia ry, 2006. ANjCOODY, Mayor y SONDRA SMITH, City Clerk Happy Hollow/Huntsville Right -of -Way Part of Parcel No. 765-15227-000 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 sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville, Arkansas, a municipal 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 the Northeast Quarter (NE1I4) of the Northwest Quarter (NW%) of Section 23, Township 16 North, Range 30 West, being more particularly described as follows: Beginning at a set iron pin also being the Southwest corner of property described in Deed Ref. 2005-11305; thence with the West property line (also being the existing East right-of-way of Happy Hollow Road) North 03° 15' 28" East 738.00 feet to a found iron pin; thence North 72° 20' 24" East 114.00 feet to a set iron pin; thence with the North property line (also being the existing South right-of-way of Huntsville Road) the following calls: South 65° 04' 34" East 87.83 feet to a set iron pin, South 67° 09' 35" East 233.00 feet to a set iron pin, South 72° 41' 22" East 244.56 feet to a found iron pin; thence with the East property line (also being the West right-of-way Ray Avenue) South 04° 33' 19" West 23.01 feet to a set iron pin; thence leaving said East property line North 74° 25' 24" West 139.96 feet to a set iron pin; thence with a curve to the right having a radius of 1355.00 feet for an arc length of 212.82 feet (chord bearing and distance of North 69° 55' 26" West 212.60 feet) to a set iron pin; thence North 65° 25' 28" West 14.95 feet to a set iron pin; thence with a curve to the left having a radius of 195.00 feet for an arc length of 379.17 feet (chord bearing and distance of South 58° 52' 12" West 322.20 feet) to a set iron pin; thence South 03° 09' 53" West 500.45 feet to a set iron pin; thence North 87° 09' 35" West 25.11 feet, to the Point of Beginning, containing 1.16 acres, more or less. The bearings used in this description are based on City of Fayetteville GPS Monuments and may vary from bearings used previously to describe subject property. 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 Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS the execution hereof on this BY: ATTEST: day of 2006. CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation Dan Coody, Mayor Sondra Smith, City Clerk [SEAL] WARRANTY DEED City of Fayetteville, Arkansas Page 2 of 2 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 Dan Goody and Sondra Smith, to me well known as the persons 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 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. WITNESS my hand and seal on this day of • , 2006. MY COMMISSION EXPIRES: Notary Public 1 • 1 >:S 1 44: zm Wy 9 1 b / • O IA MM '`� 14/ IYI�I�T Ilalbi2 LOAD / / kMia/ 401 2+4: a R ip FR 1 r YT /t a • imp! • ilia Fr IMT AVMS cti O 9 ENGINEERING DIVISION 113 W. MOUNTAIN STREET Awe _ ( ) FM W (•D) 575-6202 era: NAPPY HOLLOW 4 HUNTSVILLE ROAD INTERSECTION IMPROVEMENTS PROPOSED LAND ACQUISITION 0 Clarice Pearman - Res. 31-06 Page 11 • From: Clarice Pearman To: Libertini, Paul Date: 2/27/06 10:57AM Subject: Res. 31-06 Paul, Attached is the a copy of the above resolution passed by City Council, February 21, 2006. Also attached is the orginal of the warranty deed. Please see that I get a filed marked copy once it filed to attach to the resolution. Thanks. Clarice CC: Deaton, Vicki Clarice Pearman - Res. 31-06 Page 1 From: Clarice Pearman To: Libertini, Paul Date: 3/2/06 11:12AM Subject: Res. 31-06 Paul, Sorry. Attached is the a copy of the above resolution passed by City Council, February 21, 2006. Also a copy of the orginal of the warranty deed. I forwarded the deed via interoffice mail. You should have it by now. Please see that I get a filed marked copy once it filed to attach to the resolution. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki • Clarice Pearman - File marked Warranty Deed Page From: Clarice Pearman To: Libertini, Paul Date: 3.16.06 12:23PM Subject: File marked Warranty Deed Paul, Please let me know when I might receive the filed marked warranty deed for property adjacent to Happy Hollow Road & Huntsville Road for intersection improvements. The resolution was passed February 21, 2006. I am waiting for this item to complete the processing of ther resolution. Thanks. Clarice CC: Petrie, Ron; Smith, Sondra Clarice Pearman - Re: File marked Warranty Deed Page 11 From: Paul Libertini To: Pearman, Clarice Date: 3.16.06 2:15PM Subject: Re: File marked Warranty Deed Jill recorded the deed yesterday and she will send you a copy. Thanks. »> Clarice Pearman 03/16/06 12:23 PM »> Paul, Please let me know when I might receive the filed marked warranty deed for property adjacent to Happy Hollow Road & Huntsville Road for intersection improvements. The resolution was passed February 21, 2006. I am waiting for this item to complete the processing of ther resolution. Thanks. Clarice Clarice Pearman - Res. 31-06 Page 1 From: Clarice Pearman To: Libertini, Paul Date: 3.16.06 3:54PM Subject: Res. 31-06 Paul, Attached is a copy of the above resolution passed the 21st of February, 2006 by City Council. I have also attached the warranty deed and utility easement. Thanks. Clarice CC: Bell, Peggy; Deaton, Vicki