HomeMy WebLinkAbout03-09 RESOLUTIONRESOLUTION NO. 03-09
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A QUIT-
CLAIM DEED OF APPROXIMATELY 5.51 ACRES TO THE PATRICK J.
TOBIN REVOCABLE TRUST TO CORRECT A PREVIOUSLY
RECORDED WARRANTY DEED.
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
authorizes the Mayor to sign a Quit -Claim Deed of approximately 5.51 acres to the
Patrick J Tobin Revocable Trust to correct a previously recorded Warranty Deed. A
copy of the Deed, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 6th day of January, 2009.
APPROVED:
ATTEST:
. I''
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By: 61uit a,
SONDRA E SMITH, City
Parcel No. 765-16131-000
QUITCLAIM DEED
(This deed is to clarify and correct Deed Ref. 2005-00027611,
Recorded 6/27/2005, as the intent was to only convey right-of-way.)
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, sell and quitclaim unto the Patrick J. Tobin
Revocable Living Trust dated March 4, 19971 hereinafter called GRANTEE, and
unto Grantee's successors and assigns, all of our right, title and interest, in and to
the following .described land situated in the County of Washington, State of
Arkansas, to -wit:
A part of the Northeast Quarter (NE%) of the Southeast Quarter (SEA) of Section Teri (10), Township Sixteen
(16) North, Range Thirty-one (31) West, being more particularly described as follows: Beginning at the
Northwest corner of said 40 acre tract, said point being an existing railroad spike in Wedington Drive (State
Highway 16); thence South 89 degrees 47 minutes 53 seconds East along the North line of said 40 acre tract
663.47 feet to a point from which an existing railroad spike which lies in an asphalt private drive and on the
South right-of-way of said Wedington Drive bears South 00 degrees 04 minutes 58 seconds East 37.39 feet;
thence leaving the North line of said 40 acre tract South 00 degrees 04 minutes 58 seconds East 360.05 feet
to a set cotton spindle in said asphalt drive, thence North 89 degrees 47 minutes 29 seconds West 670.05 feet
to a point on the West line of said 40 acre tract, from which a set reference iron on the East right-of-way of
Double Springs Road bears South 89 degrees 47 minutes 29 seconds East 31.01 feet; thence North 00
degrees 57 minutes 57 seconds East 360.00 feet to the point of beginning, containing 5.51 acres, more or
less Washington County, Arkansas
LESS AND EXCEPT AND SUBJECT TO STREET RIGHT-OF-WAY (as conveyed on Deed Ref. 2005-
00027611):
Highway 16 (Wedington Drive) Right -of -Way (Parcel No. 765-16131-002):
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Section 10, T -16-N, R -31-W,
Washington County, Arkansas, being more particularly defined as follows: A 5 foot permanent right-of-way of
equal and uniform width located along the South side of the U.S. Highway 16 (Wedington Drive) right-of-way
line as established by AHTD Job 040423. This right-of-way is shown and dimensioned in detail on the
attached Exhibit "A" and contains 3,050 square feet (0.07 acres), more or less.
Double Springs Road Right -of -Way (Parcel No. 765-16131-003):
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Section 10, T -16-N, R -31-W,
Washington County, Arkansas, being more particularly defined as follows: A permanent right-of-way of
variable width located along the South side of the U.S. Highway 16 (Wedington Drive) right-of-way as
established by AHTD Job 040423. This permanent right-of-way is shown and dimensioned in detail on the
attached Exhibit "A" and contains 4,054 square feet (0.09 acres), more or less.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever.
WITNESS the execution hereof on this
ATTEST:
Sondra Smith, City Clerk
day of Nk ua 2009.
LE, ARKANSAS
Bv:
CITY OF FAYETT
infield Jordan,
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 Lioneld Jordan 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 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 municipal 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
��a ktltiHEei AD./p4.4,
MY COMMIS ION EXPIRES�`�4O•�SS��#153✓„•14.'��
5/80��v.o��+pSARY X9•.92:
• N.
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day of
Notary Public
ftry 2009.9.
/ al e�tiata�/' `gif fr.lw
(Page 3 of 3)
1
O
b
t,
ROW -1 — 3,050 SQ. 17. (0.07 ACRES )
ROW -2 — 4,054 SO. FT. (0.09 ACRES)
RIGHT OF WAY PLAT
L3 TRACT MAP NO. 1
EXHIBIT "A"
u
LINE TABLE
<1.372-Q
SCALE? 1' = 100'
l
NUMBER
DIRECTION
DISTANCE
L1
S 07.36'23' E
65998'
L2
S 01'13'46' V
43.33'
L3
S 0('(1'54' V
5.00'
L4
N 88.05'44' W
61011'
L5 '
N 03'08'21' E
341'
L6
S 88.05'45' E
609.77'
1.7
S 02.26'02' V
275.16'
LB
S 02'26'02' V
9424'
L9
S 81319124'.!E
4590'
1.10
N 02.26102' E
195.39'
1.11
S 05'08'21' W
10099'
LI2
N 88.05'46' V
4824'
IRAGT
ROW -1
ROW -2
IEL
'v+
UO
NW CORNER
NE 1/4, SE 1/4
SECTION 10
T-16-14, R -31—W
DOUBLE SPRINGS RD.
LEGEND
• Corner of Permanent
Utility Easement
760-16131-001 — Tax Parcel Number
2003-69305— Deed Book & Page
e
•
Permanent Right of Way Easement •
Existing Property Line
City of
Fayetteville
Water & Sewer Deportment
Property Owner : Patrick Tobin, Dust
Drawn by :
McClelland Consulting Engineers
Dotes June 2005
Sade 1 1' - 100'
Project Name :
PJT Development
No.
Revisions
Date
Project No. 04249
Tract No. 1
Is
Ron Petrie
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
6 -Jan -09
City Council Meeting Date
Engineering
Division
Action Required:
Operations
Department
Approval of a resolution authorizing the Mayor to sign a Quit Claim deed of approximately 5.51 acres to the
Patrick J. Tobin Revocable Trust in order to correct a previously recorded warranty deed.
N/A
Cost of this request
N/A
Acct. Number
N/A
Project Number
Budgeted Item
x
v.
N/A
.Category/Project Budget
N/A
Funds Used to Date
N/A
Remaining Balance
Budget Adjustment Attached
N/A
Program Category /Project Name
N/A
Program / Project Category Name
N/A
Fund Name
�j Previous Ordinance or Resolution #
Date Original Contract Date:
/ / Original Contract Number:
lz�s/off
Department Director 4-4ar ainas
C
City Attorne,
cx
Finance and Internal Service Director
!.
Mayo
12.-t5.as
Date
Date
Received in City Clerk's O7�fi�c,�C_
9"/17a)1 ° "�
Comments:
City Council Meeting of January 6, 2009
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Ron Petrie, City Engineer.
Date: December 17, 2008
Subject: Resolution authorizing the Mayor to sign a Quit Claim deed of approximately
. 5.51 acres to the Patrick J. Tobin Revocable Trust to correct a previously
recorded warranty deed.
RECOMMENDATION
Staff recommends approval of this resolution a authorizing the Mayor to sign a Quit
Claim deed of approximately 5.51 acres to the Patrick J. Tobin Revocable Trust that was
mistakenly conveyed to the City.
BACKGROUND
The Patrick J. Tobin Revocable Trust constructed a commercial development at the
southeast corner of the Wedington Drive and Double Springs Road intersection in 2005.
As a part of the development requirements, right-of-way was required to be dedicated
along both Wedington Drive and Double Springs Road in order to meet the City Master
Street Plan requirements. On June 27, 2005 a warranty deed was filed with the
Washington County Courthouse that conveyed the right-of-way to the City and also
mistakenly conveyed the remaining property. Washington County did not recognize the
entire property conveyance and has continued to require the Patrick J. Tobin Revocable
Trust to pay the property taxes.
DISCUSSION
On October 29, 2008 the City Attorney's office received a letter from the Woodruff Law
Firrn requesting that this mistake be corrected. According to the letter, a title search on
the property revealed the error and is currently preventing the mortgage to be refinanced.
BUDGET IMPACT
None.
1
1
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A QUIT-
CLAIM DEED OF APPROXIMATELY 5.51 ACRES TO THE PATRICK J.
TOBIN REVOCABLE TRUST TO CORRECT A PREVIOUSLY
RECORDED WARRANTY DEED.
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
authorizes the Mayor to sign a Quit -Claim Deed of approximately 5.51 acres to the
Patrick J Tobin Revocable Trust to correct a previously recorded Warranty Deed. A
copy of the Deed, marked Exhibit "A" is attached hereto and made a part hereof.
PASSED and APPROVED this 6th day of January, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDON, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Parcel No 765-16131-000
QUITCLAIM DEED
(This deed is to clarify and correct Deed Ref. 2005-00027611,
Recorded 6/27/2005, as the intent was to only convey right-of-way.)
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corpor
hereinafter called GRANTOR, for and in consideration of the sum of One
($1.00) and other good and valuable consideration, the receipt of which is h
acknowledged, do hereby grant, sell and quitclaim unto the Patrick J. -.
Revocable Living Trust dated March 4, 1997, hereinafter called GRANTEE
unto Grantee's successors and assigns, all of our right, title and interest, in a
the following described land situa ed in the County of Washington, Ste
Arkansas, to -wit:
A part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%.
(16) North, Range Thirty-one (31) West, being more particularly di
Northwest corner of said 40 acre tract, said point being an existing ral
Highway 16); thence South 89 degrees 47 minutes 53 seconds East al
663.47 feet to a point from which an existing railroad spike which lies
South right-of-way of said Wedington Drive bears South 00 degrees 04
thence leaving the North line of said 40 acre tract South 00 degrees 04
to a set cotton spindle in said asphalt drive, thence North 89 degrees 47
to a point on the West line of said 40 acre tract, from which a set refe
Double Springs Road bears South 89 degrees 47 minutes 29 secorl
degrees 57 minutes 57 seconds East 360.00 feet to the point of begii
less, Washington County, Arkansas.
LESS AND EXCEPT AND SUBJECT TO STREET RIGHT -OF -WA
00027611):
Highway 16 (Wedington Drive) Right -of -Way (Parcel No. 765-16131-(
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE
Washington County, Arkansas, being more particularly defined as folio
equal and uniform width located along the South side of the U.S. Highv
line as established by AHTD Job 040423. This right-of-way is sho%
attached Exhibit "A" and contains 3,050 square feet (0.07 acres), mo�
ocb giscs, 4
,n -On
Gf► L- CA •k 8"- '(,\n
tako Jr/v1 �z)
r. 4co rd
Double Springs Road Right -of -Way (Parcel No. 765-16131-003):
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Section 10, T -16-N, R -31-W,
Washington County, Arkansas, being more particularly defined as follows: A permanent right-of-way of
variable width located along the South side of the U.S. Highway 16 (Wedington Drive) right-of-way as
established by AHTD Job 040423. This permanent right-of-way is shown and dimensioned in detail on the
attached Exhibit "A" and contains 4,054 square feet (0.09 acres), more or less.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever.
WITNESS the execution hereof on this day of 2009.
ATTEST:
Sondra Smith, City Clerk
By:
CITY OF FAYETTEVILLE, ARKANSAS
Lioneld Jordan, Mayor
1
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 Lioneld Jordan 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 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 municipal 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 2009.
MY COMMISSION EXPIRES:
Notary Public
Oct -29-O8 03:12P
Ronald a Woodruff
Marsha C. Woodruff
P.O1
WOODRUFF LAW FIRM
P O. Drawer 18¢6
-Fayetteville, Arkansas 1270218$6 I Office Location:
.(479) 4448444: 34 E. Center
FAX: (479) 444-6667
VIA FAC:SIMII»: 575-8315
Kit Williams
Rc: TobinTrust
Dear Kit:
Pat Tobin (as i rustee) is stoking to refinance rent property ocntcd near the intersect' f
Ilighwry.6 West and Double Sprints (load..'.
In .Tune of 2605 hi: executed a Warranty 1)ecilwith the intent tolive the City two 1.crmattent
The title coippkny takes the positionSthat Om deed conveys the land that i.4 deter be I i1 Detcl
Record 2003-59395 Yiit and 1 know that he was not t i(nstcrringii to tf e'property and Only
Intended to give the Caty the casunehls.' >
This can be resolved by the,(nycxceuting a Qu itlaim Decd ild,Patrick I Tob n
Revocable Living Trust (dated March 4 199) desanbtrig the Ian1I (exhibit."A" atttchedto feed
Record 2003.543''x5) siibjci b t the Iwo rights of way retained 1* the City.
I.et me know your posiium and how to prepare a deedlhat c iri Ixi:preperly rxeeutcd by the City.
' i Who will exccuic rbc Ot¢tclai n l)tted! Is there anyproctdures that have to he accomplished
before the ('ity can externo th 1)eedi
With ail best regards.
Sincerely.
WO
13
RGW:mp
F.nclosurec
cc: Pat 'robin
Via Fax 443.1338
J.°
Oct -29-08 03:12P
Vt•i-ca-CUVo acv 1f•tu•
nu
•
(PN.0 Psicot No. )p? 16131 def
Clly d tey/rnlSSM 4d4Pra7
BE IT KNOWN B t HESE PRESENT$:
MAT, Pair1ck J 6 mit tiled Mwcti 4. teen,
hereinafter eased RANTbRr.(s) for aitd In wllsldefation• of thee* of one •
DoIIar (*1.00)10 other:good and valWDle Wnswleiehon, the receipt of which is
hooey aclinowle" e0, do herby Areal, barg in, sea and ooevey urdo the
City of Fayetlwlile, "Aeneas, a munteiyet cNear, *tion, heiefnefter canoe
GRANTEE, and unto Grs doe's successors aria ssslgns, ate mowing
described land situated in the County otvyasnln ffon, State d AntMsaa, to•wtt:
PROPERTY prir CRIPTION:
11411 1,v.
WARRANTY DEED
Vac PA
bee 1e * ce ar last ` AM
RAA Aitt• oeisrn
eunP10 MR: {t.,eo POOital 3
GOuAtv. An:
SW* n
y0Y1* rime* Walt clinic
!Lu2005a00027611
(Deed Record 2003-59395)
PERMANENT 11Q1111 OF WAY DESS:Rn11QN-I;
Part of the Notthee t Quarter (NE %) of the Southeast Quarter (SE %) of Settloa 10
16-N, It -31-W, Washington County, Arkansas Ming more particularly defined as
follows:
T-
A 5 foot yet`nsanerit Right of Way of dluaf and uniform width located along the Smith
side o f.the U S. H ghway 16 (Wedingtonl rive) nghc-of way tine is established by ' .'
AHTD Jo 040421. This right -of way 1s shiSi dad dimensioned in detul on the attached
Exhibit "and contains 3 OfO'square feet (0 0i ak4Sj, more or'less
PB Q*ANENTGILT Qty/AV DESCPifl(ON-2
Pert of th Northeast Quarter (NE '/) of the Southeast Quarter (SE 1/r) of Section 10, T-
16 -N. R-3p•W, Washington County. Manse*, being more paaicularly defined u
follows: I
A permanent right -Of way,of midrib a width located along the South side of the U.S. :
Highway 16 (Wedir;gton Drive) right-of-way Itne es established, by AUTO Job 040423.
This pci4netn is.showaid dimensioneddots l right -of wayn in on the attached Exhibit
' A" and cjntatns 4,054 squire feet (0:09 acres), nitre or loss.
P.03
•
Oct -29-0B 03:13P
WI-cd-cvvo ncu 11•Iu nil nn nv.
C
•
1, VY
TO HAVE D TO HOLD Ibe said rands and appurianences (hereunto belonging unto the said Grantee and
Grantee's sucernso and assIgnti, forever. And IN sad Grantors, heresy covenant that they are Iawfuay seized of said
lands and premises that the same is unencumbered, and (hat the Granton will rower warrent and defend the tide to the said
lands :veinal ell loot delrna whatever.
WITNESS 1 . execution hereof on this'__ 15 day of Jona 2005.
P.04
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
) se.
•
BE IT REMEMBERED, Ms1 on this dere before the undersigned a duly cemMlasionod and 8ctkniNolary Public
within and for said County and Siete pereoneay appnarod . ride& TaRiN to
me well known as the pattens kite exaeuled Me fongOing dotVPn nt, and who'etated and ecknowledyeti Ural hdehelthey
had so signed. esoouled and delivered sand lnnrumerit far the bensidortlon, uses and purposes therakn mentioned and
set forth. I
WfrNEss my hand and seal on MIa . Aro t� day of 2003.
At_
CeS ..n0 N76e./
MY COMMISSION E PIRES:
`1. O //
APPROVED FOR RECORDATION
FAYETIEVOILE PLANNING
ADMINISTRATION
By: _Dalea4
Oct -29-08 03:13P
Ul, l t 0000 ww 11.1 1 nn
1
1
1' NP nv
P.05
ROW -t - 4080 fl R. (0,07 ACRES )
ROW -2 - 4,054 9f1, i1. (0.09 ACRES)
RIGNT OF WAY PUTT Q,
TRACT MAP NO. 1
am;,] E1011BIT 'Ae SCALE' 1' = 100'
1 e
NW CORNER
NE 1/4, SE 1/41
$ECnos 10
T-1 6-N, R -31=W
LINE TABLE
r rn
•ma .rFr
tiLrrFIIkizr
Nall
timA
INIIII
Callan
i
rommoularanwm
ca,
Aral
atur H%1agle1
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In:IJR:'iCNte
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itaaf
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BeilL111
a./1111111LIIFMNINIIMS
(:Qo
11
a ',.
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IS
CE:1
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TRAgT
RDW -t
DOUDLY BPRtNCS HP.
•
LEGEND
Cones Of POI:ONO.' •ill
Utrty Ee.wn,t
Tree Pe mi Number
w.:1 Beek 11 Pon
Permanent Rkrlt of Woy Eeiernent
--- Edelha Prvforty LM .
City n'
FayetteWlle
stir J 3P1 * parbneilf
rets b m* . fte* tokh trwt
Droir_i__by 4otnibn4 Cen"i1Md9 [AOti.n•
Prot Nano :
PJT 10.44: hi a
Db1x - 25.200$ Stile : I' 100'
PSI"! Ns. GIS Tram No. I
ReW.kne. ._ Dote
Oct -29-08 03:320
w, c'u LUUV'nLu iiSU 1111
?ht fottowingictouirementfOsuit be met:
e.
inn nu,
TITLE: INSURANCE COMMITMENT
BY
Chicago Title Insurance Company
SCHEDULEB- SECTIONI
REQUIREMENT$
1 Psi the lea amounts for Ike torr icsl.. rn the land and/or the rnongage to be insured.
2. Pea us the ptinouMs, fats and eha,bes rot the pblicy,
r. tic
P.02
File Na: 0/03390.131
1. You must Itll us i wrgmR ibe name Ofanyonc hot 'ironed ID in ibis:Cotnmitmeni 4110 wal.gel annacos' in
the land or ivti0 w 11 rnaka:a loan on 'he lead We may then flake $ddiliogal itqui.Cnl.ertls or esteplidts.
•
9.umenls satisfaciory io'ia erearinlithe intcrtst in the land and/or He mortgage io be insured must be
Dsig ed, delivered turd Scordcd.
E. Pay Protisrty I*OS. forlht ).-01.00.1.01.10 idypahtleief tend ratereal which -may iteetie. taus for
Ihr year litre h fids are due•in the atnun('ars9!!'/.t tad raid 0roptrty ii deSigOate0 on the
Coun•ty tea Solis ai?4.4n P•a•i .ii fluhiber i6S 1613•1.loi. of• Wiabbitte4 Ce4nry; AR. .
6. Pay Proptrry Tarn r417:..1!0_ ytay 2001 pks,any penalties fled *0:411 whichiri,y icrrue, Taus for
theynrhertmslaecd•0e*u in(Ib,imounlorf131.(1,!hdpI4Prpptysye1desliesi tdanthe
County to 01i ii,T►i h,$ :nioaiber 7dii161,If. " '` w
fon GDdnly, AR
Qunchim:Dad eleeiyted by the dory au her txd ottksrs pTlbt Gily or iayl.iteeville, Arkatasas, a
manleiprrl torpotarlgtf o Me ebereluraeseta OrIbf Patrkb.1 Tobla Revo4ibk Livia' Teasl
dared Mvi:h 6 '1917 yeritp 44.2 f•andlae 4 jft e•n Sebedrlle 4 otshjr cOTh nilineot'KQTE:
Satisfy and ,reltase of tteo►0 Mor eOge datebAp! 126, 2001 and intro for rr�i� eid May 2, 2007.
rolisL444Doeorrtsirl-No 204f!0ooli$36 dekaRetrordiof`WuirmgioeCodhly.AN, tticiiiedby
P4irkk J. t444. 44 to stet otibii:a atrIek J Tobil RivWes`bit Lrving:Teti, kIYead M4retro, 19'97
end num* J Tobin fad ll. rHht 119 Tibih hLtband snit dies In favor at Ahetl Bank, secerin3
the origin) prinapii i0reunt of s3po L99 ed NOTE THIS IWORTGACE I6 A CgeDIT•.
LINEITUtURE ADVANtt MORf1,Alii SIN A'ODMTiON TO TH£ iktQUi1REMEta':MAT
fl. MORTGAGE.tStuASIDOrRlcdgDAsIi'PERTAINSTOTOfLANDSASSET
CTae LEND Rt*`TF RM N TE p OPtittl NSUR$D it R IN 41061 TOE GRED t LINE NE
ON THIS MOkitACe.
1, provide a'Ctfif;niioslpr Trail. for Pal.ntk J. Tobra Revocable Llvlog Trust ktateS Mareh 4, 1997,
!a rrearAiblt form, esecudd by a duly appoie)ed and aciiee turas lea. Pursuinr to Arkansas
Salmis 20-73 10) ei seq, the Cetilhe4►i0n must include:
AI A sntsriient 0,4104 !nut esitlrEnd the dale the Irwl insrrament was tuevted
The identity bribe Settler
Atte 4.1740
�'0014Ni•Smill l"
rye
Clarice Pearman - Res. 03-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Petrie, Ron
1.9.09 12:52 PM
Res. 03-09
Audit
Audit
Page 1 of 1
Ron:
Attached is a copy of the above resolution passed by City Council regarding the Tobin Quitclaim Deed. I am forwarding to you
two originals. Please return one original when the deed is recorded to attached to the resolution. Let me know if there is
anything else needed for this item.
Have a good day.
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerk/Treasurer Division
479-575-8309
spearman@ci. fayettevi Ile. ar. us
file://C:\Documents%20and%20Settings\spearman.000\Local%20Settmgs\Temp\XPgrpwise\49674893FAY... 1.9.09
Parcel No. 765-16131-000
QUITCLAIM DEED
(This deed is to clarify and correct Deed Ref. 2005-00027611,
Recorded 6/27/2005, as the intent was to only convey right-of-way.)
BE IT KNOWN BY THESE PRESENTS:
IIIMIII IllllllllIMIIllllllllllIII II iI lllllllllllllII lllithUlllll
Doc I. 0 2670880003 Tvp REL
Recori;ed 0 /2009 at 0:16 57 AM
Fee At: $25.00 Paae 1 of 3
Washi aton C ntv. AR
Bette Stamps C rcuit Cle k
4009-00001938
File
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, sell and quitclaim unto the Patrick J. Tobin
Revocable Living Trust dated March 4, 1997, hereinafter called GRANTEE, and
unto Grantee's successors and assigns, all of our right, title and interest, in and to
the following described land situated in the County of Washington, State of
Arkansas, to -wit:
A part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Section ten (10), Township Sixteen
(16) North, Range Thirty-one (31) West, being more particularly described as follows: Beginning at the
Northwest corner of said 40 acre tract, said point being an existing railroad spike n Wedington Drive (State
Highway 16); thence South 89 degrees 47 minutes 53 seconds East along the North line of said 40 acre tract
663.47 feet to a point from which an existing railroad spike which lies in an asphalt private drive and on the
South right-of-way of said Wedington Drive bears South 00 degrees 04 minutes 5E seconds East 37.39 feet;
thence leaving the North line of said 40 acre tract South 00 degrees 04 minutes 58 seconds East 360.05 feet
to a set cotton spindle in said asphalt drive, thence North 89 degrees 47 minutes 29 seconds West 670.05 feet
to a point on the West line of said 40 acre tract, from which a set reference iron do the East right-of-way of
Double Springs Road bears South 89 degrees 47 minutes 29 seconds East 31 01 feet; thence North 00
degrees 57 minutes 57 seconds East 360.00 feet to the point of beginning, containing 5.51 acres, more or
less, Washington County, Arkansas.
LESS AND EXCEPT AND SUBJECT TO STREET RIGHT-OF-WAY (as conveyed on Deed Ref. 2005-
00027611):
Highway 16 (Wedington Drive) Right -of -Way (Parcel No. 765-16131-002):
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Seclion 10, T -16-N, R -31-W,
Washington County, Arkansas, being more particularly defined as follows: A 5 foot permanent right-of-way of
equal and uniform width located along the South side of the U.S. Highway 16 (Wellington Drive) right-of-way
line as established by AHTD Job 040423. This right-of-way is shown and diOnsioned in detail on the
attached Exhibit "A" and contains 3,050 square feet (0.07 acres), more or less.
Double Springs Road Right -of -Way (Parcel No. 765-16131-003):
Part of the Northeast Quarter (NE%) of the Southeast Quarter (SE%) of Section 10, T -16-N, R -31-W,
Washington County, Arkansas, being more particularly defined as follows: A permanent right-of-way of
variable width located along the South side of the U.S. Highway 16 (Wedington Drive) right-of-way as
established by AHTD Job 040423. This permanent right-of-way is shown and dimensioned in detail on the
attached Exhibit "A" and contains 4,054 square feet (0.09 acres), more or less.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever.
WITNESS the execution hereof on this
ATTEST:
a
Sondra Smith, City Clerk
day of -N-IVZCIO , 2009.
By:
CITY a FAME 1 1 y f4LE, ARKANSAS
eld Jordan,
,•Uci O,c ••,pc
,mAktJ
CJ
•
•FAYETTEVILLE•
0' 9S'9RKANSP•
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 Lioneld Jordan 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 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 municipal 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 \.1044.2y 290,09.9., al- �j//'�/'/�''
`,••%F\c DHE4D.pFq i_Notary Public /
MY COMMIS ION EXPIRES•`c., •SS��"#173✓,°•P
•NE
tit* PU6o°ea2i
iS/ yes Ma , QUO
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(Page 3 of 3)
ROW—1 — 1050 SQ. FT, (0.07 ACRES) RIGHT OF WAY PLAT
ROW -2 — 4,054 SQ. Ft (0.09 ACRES) TRACT MAP NO. 1
UN /J EXHIBIT "A" SCALES 1' = 100'
NW CORNER
NE1/4,SE1/4
SECTION 10
T -18—N, R -31—W
9
LINE TABLE
NUMBER
DIRECTION
DISTANCE
LI
S 87.56'23' E
659.98'
L2
S 0(•15'46' V
43.35'
L3
S 01'11.54' V
5.00'
L4
N 88.05'44' V
610.11'
L5
N 05.08'21' E
501'
L6
S 88.05'45' E
609.77'
L7
S 02.26012' V
27546'
L8
S 02.26'02' V
84.84'
L9
S 88'1724" E
45.00'
LID
N 02'26'02' E
185.39'
L11
S 05'08'21' V
100.89'
LI2 '
N 88'05'46 V
4824'
ROW -1
ROW -2
u0
DOUBLE SPRINGS RD.
LEGEND
Corner of Permanent
Utility Eeeement
760-1613t-081 — Tal Paroel Number
2003-69395— Deed Book & Poge
:'":;i•::,i Permanent Right of Way Easement
re Existing Property Line
City of
Fayetteville
Water & Sewer Deportment
Property Owner : Potrbh Tobtn, Trust
Drawn by : McClelland Consulting Engi eer@
Dote: June 2005
Sode : 1' - 100'
Protect Name :
PJT Development
N
Rede)ons
Date
Pro)eot No. 04249
Trott No. 1