HomeMy WebLinkAbout149-09 RESOLUTIONRESOLUTION NO. 149-09
111511111111111121111111111111
D c ID 0 3057080004 Type REL
K nd RESOLUTION
R corded: 09/03/2009 at 02: 9:33 PM
Fee Amt: $30.00 Page 1 of 4
Washington County. AR
Bette 11Stamps Circuit Clerk 7 Q
Fe2009-00028 / 78
A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-WAY
ALONG WEDINGTON DRIVE CONTAINING .09 ACRES AND BEING A
PART OF PARCEL No. 765-13741-007, AND AUTHORIZING THE MAYOR
TO EXECUTE DEEDS AND ALL OTHER NECESSARY PAPERS TO
TRANSFER OWNERSHIP OF THE PROPERTY TO THE ARKANSAS
STATE HIGHWAY COMMISSION.
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 donation of right-of-way along Wedington Drive containing .09 acres and being a part of
Parcel No. 765-13741-007 to the Arkansas State Highway Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor to execute deeds and all other necessary papers to transfer ownership of the property
to the Arkansas State Highway Commission.
PASSED and APPROVED this 7th day of July, 2009.
APPROVED:
ATTEST.
By:
SO
iD1Aci4AO / c%� l dfiu
RA E. SMITH, CityIerk/Treasurer
,..; R, /TR ';Iff ,
�.
•E :FAYETTEVILLE: F.
%9(3;.9,pK SP5N5
l0lc,)oa. /519-o9
Job No. 012069
Tract No. 5
WARRANTY DEED
DONATION
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Arkansas, Grantor, by its Mayor, Lioneld Jordan, and its City
Clerk/Treasurer, Sondra E. Smith, duly certified by authorization at a meeting of the City Council of the
City of Fayetteville which was called and held on the 7th day of July, 2009, for and in consideration of the
mutual covenants and benefits inuring to the party hereto, does hereby grant, bargain, deliver, quitclaim and
donate to the Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever the
following lands, save and except such minerals therein and thereunder, as oil, gas, distillate, condensate, salt
water and its component parts, and all other hydrocarbons which do not interfere with the surface use for
highway purposes, said lands being more particularly described as follows, to -wit:
Part of the Northeast Quarter of the Southwest Quarter of Section 7, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Center Quarter corner of Section 7; thence North 87° 22' 20" West
along the North line of the Northeast Quarter of the Southwest Quarter of Section 7 a distance of 921.80 feet to
a point on the Southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 040277;
thence South 85° 23' 19" East along said right of way line a distance of 174.11 feet to a point on the Southerly
right of way line of Arkansas State Highway 16 as established by AHTD Job 012069 for the POINT OF
BEGINNING; thence South 85° 27' 26" East along the Southerly right of way line of Arkansas State Highway
16 as established by AHTD Job 040277 a distance of 386.49 feet to a point; thence South 87° 01' 41" East along
said right of way line a distance of a distance of 8.91 feet to a point; thence South 02° 09' 27" West a distance of
8.94 feet to a point; thence North 86° 08' 05" West a distance of 297.03 feet to a point on the Southerly right of
hci,Th s instnunent was prepare 66y
5. Ted Bkgy, TitQ Attorney
as State Highway am{ ?ran partativn Dept.
P.O. Bok2261, Litti Rpck,arkansas 72203
way line of Arkansas State Highway 16 as established by AHTD Job 012069, thence North 78° 24' 47" West
along said right of way line a distance of a distance of 99.51 feet to the point of beginning and containing 0.09
acres more or less as shown on plans prepared by the AHTD referenced as Job 012069.
AJR 5/6/09
TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas and unto its
successors and assigns forever.
And Grantor hereby covenants with the said Grantee that Grantor will forever warrant and defend the
title to said lands against all lawful claims, whatsoever.
IN WITNESS WHEREOF, the City of Fayettevilleby its Mayor and City Clerk/Treasurer on this I 44day of
Arkansas has caused these presents to be executed
, 2009.
City of Fa etteville, Arkansas
l
Sondra E. Smith, City Clerk/Treasurer
ACKNOWLEDGMENT
STATE OF A` T'\ka-�5 4 5
COUNTY OF +No $\\ ro,Are n
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within and for the
County and State aforesaid, duly commissioned and acting, appeared the within named Lioneld Jordan and
Sondra E. Smith and being the Mayor and City Clerk/Treasurer, respectively, of the City of Fayetteville,
Arkansas, and who had been designated by said Municipal Corporation to execute the above instrument, to me
well personally known, who stated that they were the Mayor and the City Clerk/Treasurer of said city, a
Municipal Corporation, and were duly authorized in their respective capacities to execute the foregoing
instrument for and in the name and on the behalf of said Municipal Corporation, and further stated and
acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration,
uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this Ph—day of 0)e ht,
2009.
,H0tt3 i�i4
\Z p ,... of .(�c�,
MY COMMISSION EXPIRE�� i•
,Notary Publ c
010
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
7/7/2009
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution authorizing the donation of right-of-way along Wedington Drive containing 0.09 acres and being a part of
Parcel No. 765-13741-007, and to authorize the Mayor to execute deeds and any other necessary papers to effect a
transfer of ownership of this property to the Arkansas State Highway Commission.
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
•
Depa ent Ditor
City Attorney •
Date
Date
Firiaric4 and Internal Services Director
04
�ipfof tall tate
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in
Mayor's Office
MIRED
672
Comments:
Revised January 15, 2009
'tale
CITY OF FAYETTEVILLE, ARKANSAS
ENGINEERING DIVISION
Council Meeting of July 7, 2009
113 West Mountain
Fayetteville, AR 72701
Ph: (479) 575-8206
FAX: (479) 575-8202
TDD (Telecommunications Device for the Deaf): (479) 521-1316
Date: June 17, 2009
To: Mayor and City Council
Thru: Don Marr, Chief of Staff ����
Jeremy Pate, Development Services Director29
Chris Brown, City Engineer Co
From: Jill Goddard, Land Agent es,
Subject: A resolution authorizing the donation of right-of-way along Wedington Drive
containing 0.09 acres and being a part of Parcel No. 765-13741-007, and to
authorize the Mayor to execute deeds and any other necessary papers to
effect a transfer of ownership of this property to the Arkansas State Highway
Commission.
RECOMMENDATION
Staff recommends Council approval of the donation of right-of-way to the Arkansas State
Highway Commission.
BACKGROUND
The Arkansas State Highway Department (AHTD) has a current construction project (Job
012069) for improvements at various 1-540 interchanges. Included in this project
improvements to the I-540/Wedington Drive interchange.
DISCUSSION
For the purposes of constructing the proposed project, AHTD is requesting the donation of
right-of-way already dedicated to the City of Fayetteville. Parcel No. 765-13741-007 (0.11
acres) was dedicated to the City of Fayetteville for right-of-way purposes via Deed Ref.
2004-00030051, recorded on July 28, 2004. This was part of the requirements connected
with the lot split for Coulson OiI Company, Inc. in 2004. AHTD is now requesting that 0.09
acres of this right-of-way be conveyed to them by deed.
BUDGET IMPACT
AHTD is requesting this as a donation (no compensation). As the original dedication to the
City of Fayetteville from Coulson OiI Company, Inc. was also without compensation, there
is no perceived need for compensation.
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-
WAY ALONG WEDINGTON DRIVE CONTAINING 0.09 ACRES TO
THE ARKANSAS STATE HIGHWAY COMMISSION (BEING A
PART OF PARCEL NO. 765-13741-007)
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 donation of 0.09 acres of land (being a part of Parcel No. 765-13741-007)
to the Arkansas State Highway Commission for right-of-way associated with the
reconstruction of I-540 interchanges in the City of Fayetteville, Arkansas, in connection
with AHTD Job 012069.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby
authorizes the Mayor and City Clerk to execute deeds and any other instruments
necessary to effect the conveyance of this property.
PASSED and APPROVED this 7th day of July, 2009.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
LIONELD JORDAN, Mayor
JOB NAME 1-540 Interchanges Short -Term JOB 012069
Impvts. (F) TRACT 5
AGREEMENT FOR DONATION
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address:
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 Washington, State of Arkansas, to wit:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southwest Quarter of Section 7, Township 16 North, Range
30 West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Center Quarter corner of Section 7; thence North 87°
22' 20" West along the North line of the Northeast Quarter of the Southwest Quarter of Section 7
a distance of 921.80 feet to a point on the Southerly right of way line of Arkansas State Highway
16 as established by AHTD Job 040277; thence South 85° 23' 19" East along said right of way
line a distance of 174.11 feet to a point on the Southerly right of way line of Arkansas State
Highway 16 as established by AHTD Job 012069 for the POINT OF BEGINNING, thence South
85° 27' 26" East along the Southerly right of way line of Arkansas State Highway 16 as
established by AHTD Job 040277 a distance of 386.49 feet to a point; thence South 87° 01' 41"
East along said right of way line a distance of a distance of 8.91 feet to a point; thence South 02°
09' 27" West a distance of 8.94 feet to a point; thence North 86° 08' 05" West a distance of
297.03 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as
established by AHTD Job 012069; thence North 78° 24' 47" West along said right of way line a
distance of a distance of 99.51 feet to the point of beginning and containing 0 09 acres more or
Tess as shown on plans prepared by the AHTD referenced as Job 012069.
AJR-5/6/09
Page 1 of 5
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 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".
Signat
Fed ID/SS#
Dated t is day of
�.I O
STATE OF l C4...QM4..a&
COUNTY 1)3CiSLi
Signature
Fed ID/SS#
, 2009.
K
eint/71edistuvA-
ACKNOWLEDGMENT
SS
•
BE IT REMEMBERED, that on this day came before the undersigned, a Notary�Public,
ting within and for the aforesaid County, o this day personallly ap eared r� j 0n Qdi
c,well known to me to be the
p rson(s) whose name(s) is subscribed to the foregoing instrument and stated to me that_
p e executed the same for consideration and purposes therein mentioned and set forth.
a
�lllliilES iupll'
.f7
WITNESS my hand and seal as st $$ Pubfi day of 2-1-5 t}-1 , 2009.
5
114.
MY COMMISSION EXPIRES:
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Page 2 of 5
NOTARY PUBLIC
MORTGAGE AUTHORIZATION
Form must be filled out completely, signed and submitted to the
Right of Way Division/Admimstrative Section immediately following first contact.
Job#: D(ZO(i
Property Owner:
Address:
Telephone #:
Social Security #/Federal I.D.#:
Tract#: S
Mortgage Company:
Address:
Telephone #:
Loan #:
Contact Person:
AO"E
Due to the construction of the above-mentioned project, we are acquiring property from your
mortgagor. It will be necessary to obtain a Partial Release from your company. The mortgagor is
aware that some or all the proceeds from this transaction may be required to be applied to the
principal balance of the mortgage. The mortgagor is also aware that we will be negotiating only
with the mortgagor and that any checks for funds conveyed will be made to the property owner.
If no mortgage exists, wnte "NONE."
This form must be completed and signed by the property owner, whether a mortgage exists or
not.
By our signatures we are authorizing the Arkansas State Highway and Transportation Department
to enter into the process necessary to obtain a Partial Release.
Property Owner / Mortgagor's Signature:
Page 3 of 5
Date: Vie/
Date:
Form W-9
(Rev. November 2005)
Departments of the
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requestor. Do not
send to the IRS.Treasury
Print or type
See Specific Instructions on page 2
Name (as shown on your income tax return) t41 O rn3 elk();
r l.�
I(r n�k
V /"f
Sa s
Business name, if different from above
SAtta 6
�
Check appropriate box: 0 Individual/ 0 Corporation 0 Partnership lecher
Sole proprietor
410 /lie i2L.(
C or Per at' on
0 Exempt from backup
t{- withholding
meter sie
Address (number, street, and apt. or suite no.)
• re1
i 13 4( �j1 16iGt7Atle, fl
Requester's name and address (optional)
Arkansas State Highway and
Transportation Department
Right of Way Division
P. 0. Box 2261
Little Rock, AR 72203
City ,state, and Zip code r 11 �"� n/�
r—Qu �irr;,�lr �l� j f't�
�f _
7a -7b
List account number(s) here (optional)
Part I
Taxpayer Identification Number
(TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on
Line 1 to avoid backup withholding. For individuals, this is your social security number
(SSN). However, for a resident alien, sole proprietor, or disregarding entity, see Part 1
instructions on page 3. for other entities, it is your employer identification number (EIN).
If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one mane, see the chart on page 4 for guidelines on
whose number to enter.
Part II Certification
Under penalties of perjury, 1 certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal
Revenue Servise (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividens, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U. S. person (including a U. S. resident alien)
.Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividens on your tax return. For real estate transactions, item2 does not apply. For
mortgage interest paid, acquisition or abandonment of secure property, cancellation of debtcontribution to an individual retirement arrangement
(IRA), and generally, payment other Than interest or dividens, you are not required to sign the Certification, but you must provide your correct
TIN. (See the instructions on page
Signature of
U. S. Person ►
Social security number
or
Employer identification number
14 -440112 -
Sign
/. -1o40>612 -
Sign
Here
Purpose of Form
A person who is required to file an information return with the IRS,
must obtain your correct taxpayer identification number (TIN) to
report, for example, income paid to you, real estate transactions,
mortgage interest you paid, acquisition or abandonment of secured
property, cancellation of debt, or contributions you made to an IRA.
U. S. Person. Use Form W-9 only if you are a U. S. person (including
a resident alien), to provide your correct TIN to the person requesting
it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting
for a number
to be issed),
2. Certify that you are not subject to backup withholdin, or
3. Claim exemptions from backup withholding if you are a U. S.
exempt payee.
In 3 above, if applicable, you are also certifying that as a U. S.
person, your allocable share of any partnership income from a U. S.
trade or business is not subject to the withholding tax on foreign
partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester's form if it is substantially
similar to this Form W-9
For federal tax purposes, you are considered a person if you are:
Date ► 1/7/07
• An individual who is a citizen or resident of the United Slates,
• A partnership, corporation, company, or association created or
organized in the United States or under laws of the United States, or
• Any estate (other than than a foreign estate) or trust. See
Regulations sections 301.7701-6(a) and 7(a) for additional
information.
Special rules for partnerships. Partnerships That conduct a trade or
business in the United States are generally required to pay a
withholding tax on any foreign partneri share of income from such
business. Further, in certain cases where a Form W-9 has not been
received, a partnership is required to presume that a partner is a
foreign person, and pay the withholding tax. Therefore, if you are a U.
S. person that is a partner in a partnership conducting a trade or
business in the United States, provide Form W-9 to the partnership to
establish your U. S. status and to avoid withholding on your share of
the partnership income.
The person who gives Form W-9 to the partnership for purposes of
establishing its U. S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or
business in the United States is in the following cases:
• The U. S. owner of a disregared entity and not the entity,
Page 4 of 5
TITLE III - UNIFORM REAL PROPERTY ACQUISITION POLICY
Uniform Policy on Real Property Acquisition Practices
Section 301. In order to encourage and expedite the acquisition of real property by agreements with owners, to
avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal
programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to
the greatest extent practicable, be guided by the following policies:
(1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by
negotiation.
(2) Real property shall be appraised before the initiation of negotiation, and the owner or his designated
representative shall be given an opportunity to accompany the appraiser during his inspection of the property.
(3) Before the initiation of negotiationsforreal property, the- head of the Federal agency concerned shall
establish an amount which he believes to be just compensation therefore and shall make a prompt offer to acquire the
property for the full amount so established. In no event shall such amount be less than the agency's approved
appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property
prior to the date of valuation caused by the public improvement for which such property is acquired, or by the
likelihood that the property would be acquired_for such improvement, other than that due to physical deterioration
within the reasonable control of the owner, will be disregarded in determining the compensation for the property.
The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written
statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the
just compensation for the real property acquired and for damages to remaining real property shall be separately
stated.
(4) No owner shall be required to surrender possession of real property before the head of the Federal agency
concerned pays the agreed purchase price, or deposits with the court in accordance with section 1 of the Act of
February 26, 1931 (46 Stat. 1421; 40 U.S.C. 258a), for the benefit of the owner, an amount not Tess than the
agency's approved appraisal of the fair market value of such property, or the amount of the award of compensation
in the condemnation proceeding for such property.
(5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent
practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a
replacement dwelling as required by title II will be available), or to move his business or farm operation, without at
least ninety days' written notice from the head of the Federal agency concerned, of the date by which such move is
required.
(6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental
basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent
required shall not exceed the fair rental value of the property to a short-term occupier.
(7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer
negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action
coercive in nature, in order to compel an agreement on the price to be paid for the property.
(8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the
Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall
intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real
property.
(9) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the head of
the Federal agency concemed shall offer to acquire the entire property.
Donations
Section 112 (Federal Aid Highway Amendments of 1974)
"Nothing in this title, or in any other provision of law, shall be construedto prevent a person whose real
property is being acquired in connection with a project under this title, after he has been fully informed of his
right to receive just compensation for the acquisition of his property, from making a gift or donation of such
property, or any part thereof, or of any of the compensation paid therefore, to a Federal agency, a State or a
State agency, or a political subdivision of a State, as said person shall determine."
Page 5 of 5
LOT SCHEDULE
PALAK ADDITION
TRACT
LOT
SO. FT.
ACO.
RESIDUAL
9
/
82428l:
561:
81720
2
1E5168!
0
125168'
Trod 2
98306'
0
98.306'
CLWSTRUCTKW PLANS & RIGHT OF WAY YAP
040277
EXISTING RIGHT OF WAY AUTHORITY
TIE EXISTING R/W SHOWN IS WITHIN TFE LIMITS OF THE R/W COVERED BY THE FOLLOWING.
JOB NO.
HWY.
AUTHORITY
BOOK
PAGE
DATE
9447
1-540
RIGHT OF WAY YAP
4731
1-540
02NSrRIA:TKIN PUNS
4976SYR
CLWSTRUCTKW PLANS & RIGHT OF WAY YAP
040277
HWY 16
CONSTRUCTION PLANS & RIGHT OF WAY YM
BEG. R/W AC
I
STK 1+65.26
JOB 012069 EXIT 644,1
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DESCRIPTION
DATE, 5/22/2709 REVISIONS
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AFFIDAVIT
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an and Sondra E. Smith, upyh being duly sworn, state:
Job No. 012069
Tract No. 5
1. That the City of Fayetteville, Arka as, Grantor, by its Mayor, Lioneld Jordan and its City
Clerk/Treasurer, Sondra E. S th, duly certified h authorization at a meeting of the City Council of the City of
Fayetteville which was called anheld on the
Arkansas State Highway Commissio the foll, wing described property, to -wit:
th day of July, 2009, have conveyed by Warranty Deed to the
Part of the Northeast Quarter of the So t est Quarter of Section 7, Township 16 North, Range 30 West,
Washington County, Arkansas, more partic larly described as follows:
Commencing at a point being used as th
along the North line of the Northeast Qu
a point on the Southerly right of way li
thence South 85° 23' 19" East along s
right of way line of Arkansas State
BEGINNING; thence South 85° 27
16 as established by AHTD Job 04
said right of way line a distance of
8.94 feet to a point; thence North
way line of Arkansas State High
along said right of way line a di
acres more or less as shown on
AJR 5/6/09
Ce
iter o
eofArk
id right of
Highway 16 a
6" East along th
77 a distance of 38
distance of 8.91 feet t
6° 08' 05" West a distan
ay 16 as established by A
e of a distance of 99.51 fe
ans prepared by the AHTD refer
er Quarter corner of Section 7; thence North 87° 22' 20" West
he Southwest Quarter of Section 7 a distance of 921.80 feet to
sas State Highway 16 as established by AHTD Job 040277;
y line a distance of 174.11 feet to a point on the Southerly
established by AHTD Job 012069 for the POINT OF
Southerly right of way line of Arkansas State Highway
49 feet to a point; thence South 87° 01' 41" East along
a point; thence South 02° 09' 27" West a distance of
of 297.03 feet to a point on the Southerly right of
TD Job 012069; thence North 78° 24' 47" West
t to the point of beginning and containing 0.09
nced as Job 012069.
2. No person has y valid contract for the purchase of sai
remises, or any part thereof;
3. We know of . o facts by reason of which grantors' possession of or title to said premises, or any
part thereof, might be disp ed or questioned, or by reason of which any clan to any part of said property, or to
any undivided interest, ad rse to grantors might be set up or made;
4. There is n i suit or proceeding pending in any court or elsewhereffecting said premises or any
part thereof;
5. The sai premises are free and clear of all taxes, encumbrances
mortgage, decree, Judgment, or by statute, or by virtue of any proceedings, in any cou
or liens by attachment,
state or federal, or filed
in the office of th Clerk of any county, or court in this State, and
1 all other liens of every nature and sort
whatever, recorded o unrecorded, other than any mortgages partia y released herein;
6. There ar; no judgments, decrees, attachments, o. orders of any court or officer for the payment
of money against the Cit of Fayetteville, Arkansas, indiv.dually, or in connection with any other party or
parties, unsatisfied or not cancelled of record in any of the ourts or before any officer of the United States or of
this State;
7. No proceedings in b. uptcy have e er been instituted by or against the City of Fayetteville,
Arkansas, in any court, or before any o cer of any . tate, or of the United States;
9. The grantor is not surety on " bond payable to the State of Arkansas, whereby a lien may
hereafter attach to said real estate;
10. No person, persons, corpora on or c..orations is entitled to any lien on said real estate for work
or labor or materials;
11. No liens have been fileagainst the abova property for hazardous waste or notices of same given
by the Environmental Protection Ag t cy;
12. Said property is no traversed by any roads, w. s, or easements except those shown of record;
13. The affiants are n ver the age of eighteen;
14. The affiants derstand and recognize that a po ion of the purchase money funds of the said
property was contributed b, the Federal Highway Administration.
Lioneld Jordan, May r Sondra E. S th, City Clerk/Treasurer
2
STATE OF
COUNTY OF
Subscribed and swo u to by Lioneld Jordan and Sondra E mith, Mayor and City Clerk/Treasurer,
respectively, of the City of ayetteville, Arkansas Affiants, erein before me this day of
, 2009.
My Commission Expires:
•
3
, Notary Public
RESOLUTION NO. 149-09
A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-WAY
ALONG WEDINGTON DRIVE CONTAINING .09 ACRES AND BEING A
PART OF PARCEL No. 765-13741-007, AND AUTHORIZING THE MAYOR
TO EXECUTE DEEDS AND ALL OTHER NECESSARY PAPERS TO
TRANSFER OWNERSHIP OF THE PROPERTY TO THE ARKANSAS
STATE HIGHWAY COMMISSION.
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 donation of right-of-way along Wedington Drive containing 09 acres and being a part of
Parcel No. 765-13741-007 to the Arkansas State Highway Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Mayor to execute deeds and all other necessary papers to transfer ownership of the property
to the Arkansas State I-Iighway Commission.
PASSED and APPROVED this 71h day of July, 2009.
APPROVED:
ATTEST:
By:
SO
.��`"R�KiTR gl"be..
`�\ G\CY O SG,p
a• ;
JOB NAME 1-540 Interchanges Short -Term JOB 012069
Impvts. (F) TRACT 5
AGREEMENT FOR DONATION
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address:
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
.J TRANS'= Or.TATION DE*
RECER/Er
JUL 2 2 2009
r=r`.�± fl! F ir)»r
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 Southwest Quarter of Section 7, Township 16 North, Range
30 West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Center Quarter corner of Section 7; thence North 87°
22' 20" West along the North line of the Northeast Quarter of the Southwest Quarter of Section 7
a distance of 921.80 feet to a point on the Southerly right of way line of Arkansas State Highway
16 as established by AHTD Job 040277; thence South 85° 23' 19" East along said right of way
line a distance of 174.11 feet to a point on the Southerly right of way line of Arkansas State
Highway 16 as established by AHTD Job 012069 for the POINT OF BEGINNING; thence South
85° 27' 26" East along the Southerly right of way line of Arkansas State Highway 16 as
established by AHTD Job 040277 a distance of 386.49 feet to a point; thence South 87° 01' 41"
East along said right of way line a distance of a distance of 8.91 feet to a point; thence South 02°
09 27 West a distance of 8.94 feet to a point; thence North 86° 08' 05" West a distance of
297.03 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as
established by AHTD Job 012069; thence North 78° 24' 47" West along said right of way line a
distance of a distance of 99.51 feet to the point of beginning and containing 0.09 acres more or
less as shown on plans prepared by the AHTD referenced as Job 012069.
AJR-5/6/09
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