HomeMy WebLinkAbout142-09 RESOLUTIONRESOLUTION NO. 142-09
A RESOLUTION TO APPROVE TWO QUITCLAIM DEEDS TO THE
UNIVERSITY OF ARKANSAS TO CONVEY THE VACATED 20TH STREET
AND A SECOND SMALL AREA WHICH HAD BEEN RETAINED FOR
ACCESS
WHEREAS, 20th Street has been vacated and is or will be state owned right-of-way for
Research Technology Boulevard; and
WHEREAS, the University of Arkansas has requested that the City convey by quitclaim
deed this two acre parcel to the University to eliminate any ownership issues; and
WHEREAS, the University of Arkansas has already purchased and paid for all of the
City of Fayetteville property within this Research and Technology Park through Resolution No.
166-01, but a small .02 acre sliver was retained by the City of Fayetteville to provide access to
what was then a privately owned parcel that has now been purchased by the University of
Arkansas.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas approves both of
the attached quitclaim deeds conveying about two acres of vacated 20th Street and .02 acre of
access property to the University of Arkansas and authorizes Mayor Jordan to sign these deeds.
By:
PASSED and APPROVED this 16th day of June, 2009.
APPROVED:
ELD J AN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
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Jesse Fulcher
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/16/2009
City Council Meeting Date
Agenda Items Only
Planning
Division
Action Required:
Development Services
Department
Approval of a resolution to quitclaim approximately 0.02 and 1.99 acres of land owned by the City of Fayetteville,
related to the vacation of 20th Street right-of-way and Resolution 166-01, to the University of Arkansas.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Program Category / Project Name
Funds Used to Date Program / Project Category Name
Remaining Balance Fund Name
Budget Adjustment Attached I 1
Depa
City Attorney
-1-14,60.6cpe
x,48 Previous Ordinance or Resolution #
Date
Original Contract Date:
z O'1 Original Contract Number:
Date
Fi .nd Internal Services Director ' Date
May
Date
440,
Or Date
Comments:
Revised January 15, 2009
ayeLevL.
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
To: Fayetteville City Council
From: Jesse Fulcher, Current Planner
Date: June 5, 2009
Subject: Vacation for U of A/20th Street (VAC 09-3282)
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
Through a contract approved by the City Council in 2001, the City of Fayetteville deeded the land
containing the right-of-way for 2e Street and two surrounding parcels to the University of Arkansas.
Although this land was sold to the U of A, the City of Fayetteville City Council never officially
vacated the right-of-way for 20th Street. Additionally, a 0.02 acre property on the north side of the
20th Street right-of-way was retained by the City of Fayetteville, since it provided the only point of
access to a tract not then owned by the University. The intent of the subject vacation and associated
resolution is to officially vacate the entire right-of-way for 20th Street, which is now within the state
owned right-of-way for Research Technology Boulevard, and quitclaim deed this property to the
University of Arkansas. An additional quitclaim deed has been prepared for the 0.02 acre property
on the north side of the 20th Street right-of-way to transfer ownership from the City to the University.
All land surrounding this remnant property are now owned by the University and therefore the access
preserved through this property is no longer needed.
K: ICITY COUNCIL AGENDA REQUESTS12009 Agenda Reguests106-16-09
J
L
0.02 acres retained for access
PRIVATE 659
W CATO SPRINGS RD
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
LEGAL DEPARTMENT
TO: Lioneld Jordan, Mayor
City Council
FROM: Kit Williams, City Attorney ...,
DATE: June 8, 2009
RE: Quitclaim Deeds for 20th Street and access land
The University of Arkansas paid the City of Fayetteville for the land within
its Research Technology Center grounds in 2001. Because there was still some
privately owned property within the grounds, the City did not vacate 20th Street nor
an access to this private parcel. The University is now the owner of this last parcel
of private land and has asked us to vacate 20th Street (which is or will become
Research Technology Boulevard) and the .02 acre access parcel.
Since we have already received fair compensation for our property, it is legal
to convey these remainder pieces to the University of Arkansas
Printer Friendly View Page 1 of 1
•
RESOLUTION NO, 166-a1
A RESOLUTION. APPROVING AN OFFER AND. ACCEPTANCE
CONTRACT BETWEEN' THE CITY OF FAYETTEVILLE AND THE
BOARD OF TRUSTEES OR THE UNIVERSITY OF ARKANSAS
FOR THE SALE OF LAND LOCATED ON SOUTH SCHOOL
STREET IN T IE AMQVNT OF FOUR HUNDRED FIFTY-NINE
THOUSAND 'DOLLARS ($459;000M0) LESS ASSOCIATED
CLOSING COSTS.
BE IT RESOLVED BY THE 'CITY COUNCIL, OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City 'Council hereby approves an Offer and Acceptance
contract between the City of Fayetteville and the Board of Trustees of the
University of Arkansas for the sale of land located en South School Street irk the
amount of Four Hundred Fifty -Nine Thousand Dollars ($459,000.00) less
associated closing costs. A copy of the contract is attachedhereto marked: Exhibit
"A" andmade a part hereof.
Section 2. That the City Council authorizes the Mayor to sign said
agreement with the Board of Trustees of the University of Arkansas.
PASSED AND APPROVED this 4t day of December, 2001.
�Y f ' (A
� ATHER OCI%?RUF13, G Clerk
APPROVED,
http:l/docs. accessfayetteville.org: 81/AppXtender/DocPrintFriendiy. aspx?DataSource=AX&... 6/8/2009
RESOLUTION NO.
A RESOLUTION TO APPROVE TWO QUITCLAIM DEEDS
TO THE UNIVERSITY OF ARKANSAS TO CONVEY THE
VACATED 20TH STREET AND A SECOND SMALL AREA
WHICH HAD BEEN RETAINED FOR ACCESS
WHEREAS, 20th Street has been vacated and is or will be state owned right-of-way for
Research Technology Boulevard; and
WHEREAS, the University of Arkansas has requested that the City convey by quitclaim
deed this two acre parcel to the University to eliminate any ownership issues; and
WHEREAS, the University of Arkansas has already purchased and paid for all of the
City of Fayetteville property within this Research and Technology Park through Resolution No.
166-01, but a small .02 acre sliver was retained by the City of Fayetteville to provide access to
what was then a privately owned parcel that has now been purchased by the University of
Arkansas.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas approves both of
the attached quitclaim deeds conveying about two acres of vacated 20th Street and .02 acre of
access property to the University of Arkansas and authorizes Mayor Jordan to sign these deeds.
PASSED and APPROVED this 16th day of June, 2009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Parcel No. 765-15027-001
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTORS, 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 Board of Trustees of
the University of Arkansas, Fayetteville, 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:
Part of the Southwest Quarter (SW%) of the Southeast Quarter (SE%) of Section Twenty-one (21), Township
Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the
Northwest corner of said 40 acre tract; thence North 89 degrees 39 minutes 23 seconds East along the North
line of said 40 acre tract 633.00 feet (deed = 565 feet, more or less) to the West right-of-way of U.S. Highway
471; thence South 08 degrees 38 minutes 43 seconds West along the West right-of-way of said Highway
632.93 feet (deed = 618.50 feet) to a set iron; thence North 89 degrees 39 minutes 23 seconds West 395.00
feet to a set iron for the true point of beginning; thence South 00 degrees 20 minutes 48 seconds West 102.08
feet to a set iron on the North right-of-way of Twentieth Street; thence North 89 degrees 35 minutes 42
seconds West 13.09 feet along the North right-of-way of said Street to an existing fence line; thence North 07
degrees 39 minutes 24 seconds East 102.90 feet to the point of beginning, containing 0.02 acres, more or
less. (Deed Ref. 97-68335)
TO HAVE AND TO HOLD the said [ands and appurtenances thereunto belonging unto the said Grantee and Grantee's
successors and assigns, forever.
WITNESS the execution hereof on this day of
ATTEST:
Sondra Smittr,
Bv-
, 2009.
CITY OF FAYETTEVILLE, ARKANSAS
A Muni ipal Corporation
L'oneld Jorda
ayor
[SEAL]
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, personalty 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. ff ff
WITNESS my hand and seal on this 114 day of UAL , 2009.
MY COMMISSION EXPIRES:
a2- 1lce.
Notary Public
Parcel No. 765-15027-001
Parcel No. 765-15030-001
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTORS, 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 Board of Trustees of
the University of Arkansas, Fayetteville, 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 Southeast Quarter (SEA) of the Southwest Quarter (SW%) of Section Twenty One (21) in
Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, more particularly
described as follows, to -wit: Beginning ata point which is North 87° 20' 57" West 18.16 feet and North 07° 39'
03" East 488.81 feet from the Southeast corner of said SE% of the SW% in Section 21; thence running North
07° 39' 03" East 100.38 feet; thence North 876 20' 57" West 339.87 feet; thence South 02° 39' 03" West
100.00 feet; thence South 87° 20' 57" East 331.12 feet to the Point of Beginning and containing 0.77 acre,
more or Tess. The bearings for this description are based on the State Place Coordinate System which may
vary from the bearing system previously used in described all or parts of the subject property. (Deed Ref. 97-
30936) LESS AND EXCEPT any and all that portion already conveyed in Deed Ref. 2002-12816.
ALSO,
A part of the Southwest Quarter (SW%4) of the Southeast Quarter (SE%) and a part of the Southeast Quarter
(SE%) of the Southwest Quarter (SW%) of Section Twenty-one (21), Township Sixteen (16) North, Range
Thirty (30) West, described as: Beginning at a point nine hundred sixty-six (966) feet East and five hundred
forty-seven (547) feet North of the Southwest corner of the Southeast Quarter (SE%) of the Southwest Quarter
(SWY4) , of Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West; thence North forty
(40) feet; thence East nine hundred sixteen and four -tenths (916.4) feet, more or Tess, to the center line of
U.S. Highway No. 71; thence in a Southwesterly direction along the centerline of said highway forty (40) feet;
thence nine hundred sixteen and four tenths (916.4) feet more or less to the point of beginning. (Deed Book
419 at Page 390) LESS AND EXCEPT that portion contained within the U.S. Highway 71 right-of-way.
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:
kitAchio
Sondra SIYI'(jity Clerk
day of
By:
, 2009.
Y OF FAYETTEVILLE, ARKANSAS
A Munici - :1 Corporation
eld Jordan, - nor
[SEAL]
QUITCLAIM DEED
Page 2 of 2
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. j j �4
WITNESS my hand and sea[ on this 1 Id.'-"" day/bf V , 2009.
f
MY COMMISSION EXPIRES:
02-1-026114
Notary Public
142.- 09
Parcel No. 765-15027-00 k
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTORS, for and in consideration of the sum of One Dollar
(S1.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, sell and quitclaim unto the Board of Trustees of
the University of Arkansas, Fayetteville, hereinafter tailed 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:
11111111111 END 11N19111
Doo i0: 0129e6o00401 Tvice: REL
Recorded: 07/13/2009 at 03:27:37 ffl
Fee AMV 815.00 Paae 1 of 1
Weehlnaton County. AR
Bette Mmne Clroult Clerk
Fl1e2009-00022580
Part of the Southwest Quarter (SW%) of the Southeast Quarter (SEY.) of Section Twenty-one (21), Township
Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows: Commencing at the
Northwest corner of said 40 acre tract-, thence North 89 degrees 39 minutes 23 seconds East along the North
line of said 40 acre tract 633.00 feet (deed = 565 feet, more or less) to the West right-of-way of U.S Highway
471; thence South 08 degrees 38 minutes 43 seconds West along the West right-of-way of said Highway
632.93 feet ideed = 618.50 feet) to a set iron; thence North 89 degrees 39 minutes 23 seconds West 395.00
feet to a set iron for the true point of beginning: thence South 00 degrees 20 minutes 48 seconds West 102.08
feet to a set iron on the North right-of-way of Twentieth Street, thence North 89 degrees 35 minutes 42
seconds West 13.09 feet along the North right-of-way of said Street to an existing fence line; thence North 07
degrees 39 minutes 24 seconds East 102.90 feet to the point of beginning, containing 0.02 acres, more or
less. (Deed Ref. 97-68335)
TO HAVE AND TO HOLD the said lands and appurtenances ihereunto belonging unto the said Grantee and Grantee's
m irroeenra and ascinnc fnreuP_r
WITNESS the execution hereof on this day of
By:
Q2�1� 2009.
OF FAYETTEVILLE, ARKANSAS
A Mun!flpal Corporation
ACKNOWLEDGMENT
STATE OF ARKANSAS
ss.
COUNTY OF WASHINGTON
m�RrR�'�''
`' • 1T Y 0 •`sG'%
FA yTf�ILLEr
11
BE IT REMEMBERED, that on this date, before the undersigned, a duty 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-doctner*�-d-who-stated.and•ackrtowiedged-tl�at ttrep—are the Mayor and it�Elerk-ofthe City of
.Fayetteville, Arkansas, a-4nunicipal.-corporationjand are- duiy-authorized-in•their•respective-capacities to•exeoute 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. -
fill
WITNESS my hand and seal on this day 4f�. _, 2009. `�.��p�
MY COMMISSION EXPIRES:
j- No/u.
File Number: 200900022580 Page 1 of 1
Kai tyOTAgy,��;
�._F pUBLtC
Parcel No. 765-15027-001
Parcel No 765-15030-001
QUITCLAIM DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTORS, 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 Board of Trustees of
the University of Arkansas, Fayetteville, 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.
MORMONISM
Doc ID: 012968010002 Tvoe: REL
Recorded: 07/13/2009 at 03:28:D8 PM
$ Co 2untvn4AR1 of 2
Mashinoto
Bette Stamos Circuit Clerk
File2009-00022581
A part of the Southeast Quarter (SE/4) of the Southwest Quarter (SW'/.) of Section Twenty One (21) in
Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, more particularly
described as follows, to -wit: Beginning at a point which is North 87' 20' 57" West 18.16 feet and North 07' 39'
03" East 488.81 feet from the Southeast corner of said SE% of the SW% in Section 21; thence running North
07' 39' 03" East 100.38 feet; thence North 87' 20' 57" West 339.87 feet; thence South 020 39' 03" West
100.00 feet; thence South 87' 20' 57" East 331.12 feet to the Point of Beginning and containing 0.77 acre,
more or less. The bearings for this description are based on the State Place Coordinate System which may
vary from the bearing system previously used in described all or parts of the subject property. (Deed Ref. 97-
30936) LESS AND EXCEPT any and all that portion already conveyed in Deed Ref. 2002-12816.
ALSO,
A part of the Southwest Quarter (SW%) of the Southeast Quarter (SE%) and a part of the Southeast Quarter
(SE'/.) of the Southwest Quarter (SW%) of Section Twenty-one (21), Township Sixteen (16) North, Range
Thirty (30) West, described as: Beginning at a point nine hundred sixty-six (966) feet East and five hundred
forty-seven (547) feet North of the Southwest comer of the Southeast Quarter (SE'/,) of the Southwest Quarter
(SW'/.) , of Section Twenty-one (21), Township Sixteen (16) North, Range Thirty (30) West; thence North forty
(40) feet; thence East nine hundred sixteen and four -tenths (916.4) feet, more or less, to the center line of
U.S. Highway No. 71; thence in a Southwesterly direction along the centerline of said highway forty (40) feet;
thence nine hundred sixteen and four tenths (916.4) feet more or less to the point of beginning. (Deed Book
419 at Page 390) LESS AND EXCEPT that portion contained within the U.S. Highway 71 right-of-way.
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
By:
ATTEST:
k1AAkWa
Sondr _S ._ ity Clerk — -- -
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riiYru,rr��
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FAY ETTEV I LLE ,
sys;.-9,QKANsp�J .�
D/ I.A4 — 2009.
Y OF FAYETTEVILLE, ARKANSAS
A Munici I Corporation
eld Jordan, ,Or
(SEAL_j_
File Number: 200900022581 Page 1 of 2
QUITCLAIM DEED
Page 2 of 2
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 nsideration, uses and purposes therein mentioned and
set forth.
WITNESS my hand and seal on this ! kt dav/bf , 2009.
J ��utirra/1
A RAMso
Notary Public `.P•o�{►123dBa♦e•J,���
MY COMMISSION EXPIRES: =�•5`3' AAY �Z
j�U = �V Lei =
U0� ypiQ.
File Number: 200900022581 Page 2 of 2