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HomeMy WebLinkAbout121-10 RESOLUTIONRESOLUTION NO. 121-10 A RESOLUTION TO APPROVE AN AGREEMENT WITH THE CITY OF JOHNSON CONCERNING PAYMENT OF $35,000.00 TO JOHNSON, JOHNSON CONVEYING .77 ACRES TO FAYETTEVILLE, THE CITIES MUTUAL ASSISTANCE IN OBTAINING RIGHT-OF-WAY FOR THE VAN ASCHE EXTENSION, BUDGET ADJUSTMENT OF $35,000.00 AND OTHER PURPOSES WHEREAS, Fayetteville, on April 20, 2010, passed Ordinance No. 5317 calling for detachment of a tract of real estate from Johnson and simultaneous annexation of such tract into Fayetteville; and WHEREAS, Johnson's Mayor and City Council have conducted a public meeting at 5:30 P.M. on Tuesday, June 8, 2010, on such detachment of the lands from Johnson; and WHEREAS, the Johnson City Council has expressed its intent to pass an ordinance on July 13, 2010 concurring with Fayetteville Ordinance No. 5317 providing for the simultaneous detachment from Johnson and annexation into Fayetteville of the lands described in Exhibits to Fayetteville Ordinance No. 5317; and WHEREAS, the tract being detached from Johnson contains a portion of South Ball Street and a portion of Van Asche Street which are public road links between parts of Johnson on the east and parts of Johnson on the west; and WHEREAS, that public road link between the east and west parts of Johnson is frequently used by emergency vehicles to access both areas of Johnson; and WHEREAS, that public road link requires periodic maintenance paid for or performed by Johnson up to the simultaneous detachment and annexation and thereafter by Fayetteville; and WHEREAS, Fayetteville has agreed to not annex property in the future which property had previously been within Johnson's City limits unless Johnson consents to such annexation; and WHEREAS, Fayetteville has agreed to pay to Johnson, following such simultaneous detachment and annexation, the sum of $35,000 to offset Johnson's loss of sales tax revenue for a few years from businesses in the described area; and WHEREAS, the cities of Fayetteville and Johnson will both be benefited by a future improvement of Van Asche from Maguire Street to Ark. Hwy. 112. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Page 2 Resolution No. 121-10 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Agreement with the City of Johnson and authorizes Mayor Jordan to sign this Agreement upon its approval by the Johnson City Council and signature by Mayor Lonnie Barron and the approval of all other pending contracts between Johnson and Fayetteville as well as the ordinance for the simultaneous detachment and annexation into Fayetteville of the agreed 99 acre parcel by the Johnson City Council and signature by Mayor Barron, and hereby approves the attached budget adjustment in the amount of $35,000.00. PASSED and APPROVED this 6�' day of July, 2010. APPROVED: ATTEST: zA�WBy By: c� I ELD JO , Mayor SOND E. SMITH, City Clerk/ reasurer a�agya �n arrrrvvy� 0•`` �R rVT,q,C,,�"vo FAYETTEVILLE: o Z° 00 e �e�sssy�(3 ON a�aaaaasaaa RESOLUTION NO. P6 /0 — dS A RESOLUTION APPROVING AGREEMENT BETWEEN CITIES OF FAYETTEVILLE AND JOHNSON IN FURTHERANCE OF SIMULTANEOUS DETACHMENT AND ANNEXATION OF 99 ACRES (M/L) AS CONTEMPLATED BY JOHNSON RESOLUTION 2010-04 BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That, Section 1: The Agreement attached hereto is designed to put into effect the terms agreed to between Johnson and Fayetteville in relation to Resolution 2010-04 and Ordinance No. ,Z/O -- 03of the City of Johnson. Section 2: That the Agreement is hereby approved and the Mayor and Recorder/Treasurer are hereby authorized and directed to execute same on behalf of the City of Johnson and to deliver such executed original to officials of the City of Fayetteville in exchange for an executed original of such Agreement by Fayetteville. Section 3: That the cooperation between Fayetteville and Johnson evidenced by the attached Agreement should be both immediate and ongoing permanently. PASSED AND APPROVED this /434 -day of 02010. LONNIE BARRON, Mayor ATTEST: Jenni er en, r er reasurer coj Approving Agreement Between Fay. and Johnson Res AGREEMENT Comes now the City of Fayetteville, Arkansas, acting by and through the Mayor and City Clerk as duly authorized by proper resolution of the City Council, hereinafter referred to as Fayetteville, and the City of Johnson, Arkansas, acting by and through the Mayor and Recorder - Treasurer as duly authorized by proper resolution of the City Council, hereinafter referred to as Johnson. WHEREAS, Fayetteville, on April 20, 2010, passed Ordinance No. 5317 calling for detachment of a tract of real estate from Johnson and simultaneous annexation of such tract into Fayetteville. WHEREAS, Johnson's Mayor and City Council have conducted a public meeting at 5:30 P.M. on Tuesday, June 8, 2010, on such detachment of the lands from Johnson. WHEREAS, the Johnson City Council has expressed its intent to pass an ordinance on July 13, 2010 concurring with Fayetteville Ordinance No. 5317 providing for the simultaneous detachment from Johnson and annexation into Fayetteville of the lands described in Exhibits to Fayetteville Ordinance No. 5317. WHEREAS, the tract being detached from Johnson contains a portion of South Ball Street and a portion of Van Asche Street which are public road links between parts of Johnson on the east and parts of Johnson on the west. WHEREAS, that public road link between the east and west parts of Johnson is frequently used by emergency vehicles to access both areas of Johnson. WHEREAS, that public road link requires periodic maintenance paid for or performed by Johnson up to the simultaneous detachment and annexation and thereafter by Fayetteville. WHEREAS, Fayetteville has agreed to not annex property in the future which property had previously been within Johnson's City limits unless Johnson consents to such annexation. WHEREAS, Fayetteville has agreed to pay to Johnson, following such simultaneous detachment and annexation, the sum of $35,000 to offset Johnson's loss of sales tax revenue for a few years from businesses in the described area. WHEREAS, the cities of Fayetteville and Johnson will both be benefited by a future improvement of Van Asche from Maguire Street to Ark. Hwy. 112. For And In Consideration Of The Foregoing And The Mutual Covenants Hereinafter Set Forth, FAYETTEVILLE AND JOHNSON HEREBY AGREE AS FOLLOWS: 1. Fayetteville agrees to maintain as normal city streets with standard city maintenance those portions of South Ball Street and Van Asche Street located in the area depicted on Exhibit A hereto and described on Exhibit B hereto consisting of approximately 99 acres, more or less, after their annexation into Fayetteville. South Ball Street and Van Asche Street will not be allowed to be vacated unless all statutory requirements for street vacations are met to include adequate public access or alternative city streets are provided for persons who are relying upon those streets to access their property or business. 2. Fayetteville agrees to permit official emergency vehicles of the City of Johnson operated by Johnson law enforcement or fire department personnel to travel the portions of South Ball Street and Van Asche Street in the area described on Exhibit A hereto and depicted on Exhibit B hereto, or a "to be designed and built extension of Van Asche Street from Gregg to Maguire (or Ark. Hwy 112)", in emergency mode as required to protect persons and/or property in Johnson. Fayetteville also agrees that Johnson's emergency services responding to an emergency may travel in emergency mode upon Gregg Street north of Van Asche to the Johnson city limits. Further, Fayetteville agrees that if it requests emergency services from Johnson to assist in an emergency in Fayetteville, the Johnson emergency services (police and fire) may proceed to the site of the emergency in Fayetteville in emergency mode. Johnson agrees that if it requests emergency services from Fayetteville to assist in an emergency in Johnson, the Fayetteville emergency services (police and fire) may proceed to the site of the emergency in Johnson in emergency mode. Further, Johnson agrees that if Fayetteville police or fire emergency vehicles need to use those portions of Wilkerson/Gregg and Joyce Boulevard located in Johnson to more quickly access an emergency in the Northwest Arkansas Mall area, Johnson consents to permit Fayetteville's official emergency vehicles to operate in emergency mode on those streets. 3. Within thirty (30) days of the effective date of this Agreement between Fayetteville and Johnson, Fayetteville will pay to Johnson the sum of $35,000 to offset lost sales tax revenues from businesses in the area being simultaneously detached and annexed. 4. Johnson agrees to cooperate with Fayetteville in the acquisition of needed right- of-way and construction easements to facilitate the construction of the enlarged and extended Van Asche Boulevard. Specifically, the City of Johnson agrees to convey by warranty deed free of charge to the City of Fayetteville the parcel of approximately .77 acres it obtained from McClinton. (The warranty deed is attached as Exhibit C.) The City of Johnson shall assist the City of Fayetteville (by participating as a condemning authority if necessary) for the acquisition of any and all right-of-way and temporary construction easements on the north side of Van Asche within the City of Johnson (between McGuire and Highway 112) that is needed to expand Van Asche Boulevard to a four lane road. The City of Fayetteville is responsible for the engineering, appraisal and acquisition costs for any and all such right-of-way and construction easements. The City of Johnson agrees that it will file condemnation proceedings and provide without cost the services of Johnson City Attorney for any right-of-way or temporary construction easement acquisition condemnation proceedings involving property within Johnson that cannot be resolved out of court. The City of Fayetteville agrees to provide its City Attorney to prosecute or assist in such condemnation cases, pay all filing fees and other court costs, pay for expert witnesses (real estate appraiser, etc.) pay pre-trial discovery costs, and pay whatever civil judgment that might be rendered in the condemnation case. The City of Johnson's only obligations in the acquisition of needed right-of-way and construction easements in Johnson are to promptly file any such necessary condemnation case upon request of Fayetteville and to provide its City Attorney for any necessary condemnation trial. 5. Fayetteville agrees to be responsible for obtaining at its sole cost all of the right- of-way and temporary construction easement necessary to enlarge Van Asche into a four lane road including paying for needed right-of-way and temporary construction easements in Johnson. Fayetteville agrees that the engineering and construction of the Van Asche project is its ultimate financial responsibility (with possible help from federal and state sources, private landowners and developers, but not from the City of Johnson) when adequate construction revenues are available and appropriated by the Fayetteville City Council for the Van Asche extension project. 6. The City of Fayetteville agrees that it will not (in the future after the annexation of the 99 acre parcel) annex any further property from within the City of Johnson City Limits or that has been deannexed by the property owners from Johnson without the City of Johnson's express approval for the property's detachment and annexation into Fayetteville. 7. This agreement shall take effect and be in full force when approved by both city councils, signed by both mayors and after Johnson's ordinance detaching the 99 acre parcel has been approved by the Johnson City Council, approved and signed by Mayor Barron and the time for any legal challenges has expired or upon the final dismissal on the merits of such legal challenge. IN AGREEMENT With All The Terms And Conditions Above And In Witness Of Our Approval, The Mayors Duly Authorized By Their City Councils Sign Below on this day of CITY OF FAYETTEVILLE, ARKANSAS CITY OF JOHNSON, ARKANSAS ATTEST: By: �Q�- �0► SW-TDRA E. SMITH City Clerk/Treasurer �RWTRl�' Y FAYETTEVILLE : IVG �kA !l11611100 By: gf," �� C4111,1� MAYOR LONNIE BARRON ATTEST: 4a&WSk--,__ B. JENNI R L N R er/Treasurer Exhibit B The South 1250 feet of the Northwest Quarter of Section 27, Township 17 North, Range 30 West, Washington County, Arkansas. Less and except that portion of South McGuire Street right-of-way lying within -the above described lands. And A part of the Southwest Quarter (SWI/4) of the Northeast Quarter (NE%) of Section 27, Township 17 North Range 30 West, more particularly described as follows: Beginning at the Southwest Corner of said 40 Acre tract, and running thence North 832.92 feet along the West line of the NE 1/4; thence East 610.5 feet; thence North 500 00, 00" East 448.8 feet to the west right-of-way line of the Arkansas & Missouri Railroad; thence East 75 feet to a point on the west right-of-way line of Gregg Ave; thence East 25 feet; thence South 01 ° 00' 00" East 1121.58 feet, more or less, to the South line of the NE'/ of Section 27, Township 17, Range 30; thence West 1073.88 feet along the South line of NE'/a, more or less, to the point of beginning, containing a total of 99 acres, more or less. Part of Parcel No. 785-18156-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Johnson, Arkansas, 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 tract of land being .part of the W'/2 of the SW'/ of the NW'/ of Section 27 in Township 17 North, Range 30 West in the City of Johnson, Washington County, Arkansas, and being more particularly described as follows: Beginning at a found Y2" rebar at the SW corner of the NW'/ of above said Section 27, Township 17 North, Range 30 West; thence along the West line of said. Section 27 N 02° 30' 30" E a distance of 47.32 feet; thence leaving the West line of said Section 27 S 88° 16' 25" E a distance of 658.54 feet to the East line of the WY2 of the SW'/ of the NWYa of said Section 27 S 02° 29' 54" W a distance of 55.50 feet to the SE corner of the W% of the SW% of the NW'/ of said Section 27; thence leaving the East line of the W/2 of the SW'/ of the NW% of said Section 27, along the South line of the NW'/ of said Section 27 N 87° 33' 44" W a distance of 658.49 feet to the Point of Beginning and containing 33,851 square feet or 0.77 acres, more or less. The above described property being subject to any and all easements or rights-of-way of record or fact. (The above description is as put forth in the Order of Possession and Consent Judgment of Civil Action No. CIV 09-2572-5.) TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and rantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said ands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the aid lands against all legal claims whatever. WITNESS the execution hereof on this P- W ATTEST: [Please print or type Name and Title] STATE OF ARKANSAS COUNTY OF WASHINGTON day of , 2010. City of Johnson, Arkansas [Please print or type Name and Title] ACKNOWLEDGMENT E*3 [SEAL] 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 and to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the and , respectively, of the City of Johnson, Arkansas, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipality, 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 , 2010. MY COMMISSION EXPIRES: Notary Public AGENDA REQUEST FOR: COUNCIL MEETING OF JULY 6, 2010 FROM: LIONELD JORDAN, MAYOR ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A Resolution To Approve An Agreement With The City Johnson Concerning Payment Of $35,000.00 To Johnson, Johnson Conveying .77 Acres To Fayetteville, The Cities Mutual Assistance In Obtaining Right -Of -Way For The Van Asche Extension, Budget Adjustment of $35,000.00 And Other Purposes APPROVED FOR AGENDA: Kit Williams, City Attorney Date Paul Becker, Finance Director Chief of Staff JUNG 14, 2,01-6 Date Date 110 iii. EKED 06-16-10P05:00 RCVD �Uw FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: City Council CC: Lioneld Jordan, Mayor Don Marr. Chief of Staff David Jurgens, Utilities Director Greg Tabor, Police Chief David Dayringer, Fire Chief Chris Brown, City Engineer FROM: Kit Williams, City Attorney �-- DATE: June 16, 2010 RE: Final Agreement with Johnson Mayor Jordan and Chief of Staff Don Marr have approved and recommend your approval of the attached proposed Agreement with the a City of Johnson which covers all of the items within the Resolution you passed to allow us to negotiate this final Agreement. The terms of this Agreement have been shared with Johnson City Attorney Danny Wright, Johnson Mayor Lonnie Barron and the Johnson City Council who have a.11 expressed overall agreement to these terms. 1 urge you to read this short (three page) agreement (especially the seven numbered paragraphs) and let Mayor Jordan, Chief of Staff Don Marr or me know if you have any questions, concerns or comments. We shall ask for you to approve the Resolution and this Agreement during your July 6thCity Council meeting, prior to sending it to the Johnson City Council for their meeting on July 13th. However, please note paragraph 7. This Agreement (as well as both the water and. sewer contracts) do not take effect until after the Johnson City Council's approval and Mayor Barron's signature and posting, but also after the time for any referendum or appeal has run (30 days after signature and publication/ posting). WHAT DO WE AGREE TO DO? (1) We agree to perform normal maintenance on the portions of Van Asche and Ball Street which will be within our city limits. (2) Both cities agree to allow their emergency vehicles (police and fire) responding to an emergency to run "hot" where necessary along the other city's streets. (3) We agree to pay $35,000.00 to Johnson to offset its sales tax loss from two businesses that will be annexed into Fayetteville. (4) Johnson agrees to deed to us free of charge the .77 acre parcel it acquired when it was still contemplating trying to furnish sewer to this area. Most of this .77 acre parcel is within our needed right-of-way for the Van Asche extension, and we appreciate Johnson conveying this to us without charge. (5) Johnson agrees to assist us (by filing and helping us prosecute a condemnation suit if necessary) to acquire any needed right-of-way and construction easements for the four lane section of Van Asche adjoining the City of Johnson (from Maguire to Highway 112). (6) Fayetteville agrees to acquire all needed right-of-way and construction easements for Van Asche and to construct it "when adequate construction revenues are available and appropriated by the Fayetteville City Council for the Van Asche extension project." (7) We agree not to annex any further property that was once in Johnson unless the Johnson City Council approves. 4 I hope to be able to make it to the July 6, 2010 City Council meeting to answer any questions. I want to thank Mayor Jordan for his leadership and guidance during this long and complicated negotiation. We believe our taxpayers' interests have been protected as much as possible by moving 99 acres of developable land into Fayetteville for future possible sales tax growth and by ensuring a good alignment of Van Asche into the Mall area to enhance transportation access for our citizens and customers into the commercial heart of Fayetteville. The City of Johnson will likely be able to attract- development further north of Van Asche and will certainly benefit from the sewer and enhanced water service its citizens and businesses will enjoy. We both help the environment and our dealings with the EPA by providing excellent waste water treatment for Johnson citizens rather than forcing them to use less efficient septic tank systems. Finally the City of Fayetteville can continue its long history of being a good neighbor to the City of Johnson and promote continued cooperation which benefits all our citizens. 3 RESOLUTION NO. A RESOLUTION TO APPROVE AN AGREEMENT WITH THE CITY OF JOHNSON CONCERNING PAYMENT OF $35,000.00 TO JOHNSON, JOHNSON CONVEYING .77 ACRES TO FAYETTEVILLE, THE CITIES MUTUAL ASSISTANCE IN OBTAINING RIGHT-OF-WAY FOR THE VAN ASCHE EXTENSION, BUDGET ADJUSTMENT OF $35,000.00 AND OTHER PURPOSES WHEREAS, Fayetteville, on April 20, 2010, passed Ordinance No. 5317 calling for detachment of a tract of real estate from Johnson and simultaneous annexation of such tract into Fayetteville; and WHEREAS, Johnson's Mayor and City Council have conducted a public meeting at 5:30 P.M. on Tuesday, June 8, 2010, on such detachment of the lands from Johnson; and WHEREAS, the Johnson City Council has expressed its intent to pass an ordinance on July 13, 2010 concurring with Fayetteville Ordinance No. 5317 providing for the simultaneous detachment from Johnson and annexation into Fayetteville of the lands described in Exhibits to Fayetteville Ordinance No. 5317; and WHEREAS, the tract being detached from Johnson contains a portion of South Ball Street and a portion of Van Asche Street which are public road links between parts of Johnson on the east and parts of Johnson on the west; and WHEREAS, that public road link between the east and west parts of Johnson is frequently used by emergency vehicles to access both areas of Johnson; and WHEREAS, that public road link requires periodic maintenance paid for or performed by Johnson up to the simultaneous detachment and annexation and thereafter by Fayetteville; and WHEREAS, Fayetteville has agreed to not annex property in the future which property had previously been within Johnson's City limits unless Johnson consents to such annexation; and WHEREAS, Fayetteville has agreed to pay to Johnson, following such simultaneous detachment and annexation, the sum of $35,000 to offset Johnson's loss of sales tax revenue for a few years from businesses in the described area; and WHEREAS, the cities of Fayetteville and Johnson will both be benefited by a future improvement of Van Asche from Maguire Street to Ark. Hwy. 112. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF.FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Agreement with the City of Johnson and authorizes Mayor Jordan to sign this Agreement upon its approval by the Johnson City Council and signature by Mayor Lonnie Barron and the approval of all other pending contracts between Johnson and Fayetteville as well as the ordinance for the simultaneous detachment and annexation into Fayetteville of the agreed 99 acre parcel by the Johnson City Council and signature by Mayor Barron, and hereby approves the attached budget adjustment in the amount of $35,000.00. PASSED and APPROVED this 6th day of July, 2010. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer AGREEMENT Comes now the City of Fayetteville, Arkansas, acting by and through the Mayor and City Clerk as duly authorized by proper resolution of the City Council, hereinafter referred to as Fayetteville, and the City of Johnson, Arkansas, acting by and through the Mayor and Recorder - Treasurer as duly authorized by proper resolution of the City Council, hereinafter referred to as Johnson. WHEREAS, Fayetteville, on April 20, 2010, passed Ordinance No. 5317 calling for detachment of a tract of real estate from Johnson and simultaneous annexation of such tract into Fayetteville. WHEREAS, Johnson's Mayor and City Council have conducted a public meeting at 5:30 P.M. on Tuesday, June 8, 2010, on such detachment of the lands from Johnson. WHEREAS, the Johnson City Council has expressed its intent to pass an ordinance on July 13, 2010 concurring with Fayetteville Ordinance No. 5317 providing for the simultaneous detachment from Johnson and annexation into Fayetteville of the lands described in Exhibits to Fayetteville Ordinance No. 5317. WHEREAS, the tract being detached from Johnson contains a portion of South Ball Street and a portion of Van Asche Street which are public road links between parts of Johnson on the east and parts of Johnson on the west. WHEREAS, that public road link between the east and west parts of Johnson is frequently used by emergency vehicles to access both areas of Johnson. WHEREAS, that public road link requires periodic maintenance paid for or performed by Johnson up to the simultaneous detachment and annexation and thereafter by Fayetteville. WHEREAS, Fayetteville has agreed to not annex property in the future which property had previously been within Johnson's City limits unless Johnson consents to such annexation. WHEREAS, Fayetteville has agreed to pay to Johnson, following such simultaneous detachment and annexation, the sum of $35,000 to offset Johnson's loss of sales tax revenue for a few years from businesses in the described area. WHEREAS, the cities of Fayetteville and Johnson will both be benefited by a future improvement of Van Asche from Maguire Street to Ark. Hwy. 112. For And In Consideration Of The Foregoing And The Mutual Covenants Hereinafter Set Forth, FAYETTEVILLE AND JOHNSON HEREBY AGREE AS FOLLOWS: 1. Fayetteville agrees to maintain as normal city streets with standard city maintenance those portions of South Ball Street and Van Asche Street located in the area depicted on Exhibit A hereto and described on Exhibit B hereto consisting of approximately 99 acres, more or less, after their annexation into Fayetteville. South Ball Street and Van Asche Street will not be allowed to be vacated unless all statutory requirements for street vacations are met to include adequate public access or alternative city streets are provided for persons who are relying upon those streets to access their property or business. 2. Fayetteville agrees to permit official emergency vehicles of the City of Johnson operated by Johnson law enforcement or fire department personnel to travel the portions of South Ball Street and Van Asche Street in the area described on Exhibit A hereto and depicted on Exhibit B hereto, or a "to be designed and built extension of Van Asche Street from Gregg to Maguire (or Ark. Hwy 112)", in emergency mode as required to protect persons and/or property in Johnson. Fayetteville also agrees that Johnson's emergency services responding to an emergency may travel in emergency mode upon Gregg Street north of Van Asche to the Johnson city limits. Further, Fayetteville agrees that if it requests emergency services from Johnson to assist in an emergency in Fayetteville, the Johnson emergency services (police and fire) may proceed to the site of the emergency in Fayetteville in emergency mode. Johnson agrees that if it requests emergency services from Fayetteville to assist in an emergency in Johnson, the Fayetteville emergency services (police and fire) may proceed to the site of the emergency in Johnson in emergency mode. Further, Johnson agrees that if Fayetteville police or fire emergency vehicles need to use those portions of Wilkerson/Gregg and Joyce Boulevard located in Johnson to more quickly access an emergency in the Northwest Arkansas Mall area, Johnson consents to permit Fayetteville's official emergency vehicles to operate in emergency mode on those streets. 3. Within thirty (30) days of the effective date of this Agreement between Fayetteville and Johnson, Fayetteville will pay to Johnson the sum of $35,000 to offset lost sales tax revenues from businesses in the area being simultaneously detached and annexed. . 4. Johnson agrees to cooperate with Fayetteville in the acquisition of needed right- of-way and construction easements to facilitate the construction of the enlarged and extended Van Asche Boulevard. Specifically, the City of Johnson agrees to convey by warranty deed free of charge to the City of Fayetteville the parcel of approximately .77 acres it obtained from McClinton. (The warranty deed is attached as Exhibit C.) The City of Johnson shall assist the City of Fayetteville (by participating as a condemning authority if necessary) for the acquisition of any and all right-of-way and temporary construction easements on the north side of Van Asche within the City of Johnson (between McGuire and Highway 112) that is needed to expand Van Asche Boulevard to a four lane road. The City of Fayetteville is responsible for the engineering, appraisal and acquisition costs for any and all such right-of-way and construction easements. The City of Johnson agrees that it will file condemnation proceedings and provide without cost the services of Johnson City Attorney for any right-of-way or temporary construction easement acquisition condemnation proceedings involving property within Johnson that cannot be resolved out of court. The City of Fayetteville agrees to provide its City Attorney to prosecute or assist in such condemnation cases, pay all filing fees and other court costs, pay for expert witnesses (real estate appraiser, etc.) pay pre-trial discovery costs, and pay whatever civil judgment that might be rendered in the condemnation case. The City of Johnson's only obligations in the acquisition of needed right-of-way and construction easements in Johnson are to promptly file any such necessary condemnation case upon request of Fayetteville and to provide its City Attorney for any necessary condemnation trial. 5. Fayetteville agrees to be responsible for obtaining at its sole cost all of the right- of-way and temporary construction easement necessary to enlarge Van Asche into a four lane road including paying for needed right-of-way and temporary construction easements in Johnson. Fayetteville agrees that the engineering and construction of the Van Asche project is its ultimate financial responsibility (with possible help from federal and state sources, private landowners and developers, but not from the City of Johnson) when adequate construction revenues are available and appropriated by the Fayetteville City Council for the Van Asche extension project. 6. The City of Fayetteville agrees that it will not (in the future after the annexation of the 99 acre parcel) annex any further property from within the City of Johnson City Limits or that has been deannexed by the property owners from Johnson without the City of Johnson's express approval for the property's detachment and annexation into Fayetteville. 7. This agreement shall take effect and be in full force when approved by both city councils, signed by both mayors and after Johnson's ordinance detaching the 99 acre parcel has been approved by the Johnson City Council, approved and signed by Mayor Barron and the time for any legal challenges has expired or upon the final dismissal on the merits of such legal challenge. IN AGREEMENT With All The Terms And Conditions Above And In Witness Of Our Approval, The Mayors Duly Authorized By Their City Councils Sign Below on this day of July, 2010. CITY OF FAYETTEVILLE, ARKANSAS CITY OF JOHNSON, ARKANSAS By: MAYOR LIONELD JORDAN ATTEST: By: SANDRA E. SMITH City Clerk/Treasurer By: MAYOR LONNIE BARRON ATTEST: By: JENNIFER ALLEN Recorder/Treasurer D. , 1 Part of Parcel No. 785-18156-000 of WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Johnson, Arkansas, 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 tract of land being part of the W'/� of the SW% of the NW% of Section 27 in Township 17 North, Range 30 West in the City of Johnson, Washington County, Arkansas, and being more particularly described as follows: Beginning at a found '/2' rebar at the SW corner of the NW% of above said Section 27, Township 17 North, Range 30 West; thence along the West line of said Section 27 N 02° 30' 30" E a distance of 47.32 feet; thence leaving the West line of said Section 27 S 880 16' 25" E a distance of 658.54 feet to the East line of the W% of the SW% of the NW% of said Section 27 S 020 29' 54" W a distance of 55.50 feet to the SE corner of the WY2 of the SW% of the NW% of said Section 27; thence leaving the East line of the W%2 of the SW% of the NW% of said Section 27, along the South line of the NW% of said Section 27 N 87° 33' 44" W a distance of 658.49 feet to the Point of Beginning and containing 33,851 square feet or 0.77 acres, more or less. The above described property being subject to any and all easements or rights-of-way of record or fact. (The above description is as put forth in the Order of Possession and Consent Judgment of Civil Action No. CIV 09-2572-5.) 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: [Please print or type Name and Title] day of City of Johnson, Arkansas [Please print or type Name and Title] ACKNOWLEDGMENT STATE OF ARKANSAS ss. COUNTY OF WASHINGTON [SEAL] 2010. 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 and , to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the _ and , respectively, of the City of Johnson, Arkansas, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipality, 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 12010. MY COMMISSION EXPIRES: Notary Public Exhibit B The South 1250 feet of the Northwest Quarter of Section 27, Township 17 North, Range 30 West, Washington County, Arkansas. Less and except that portion of South McGuire Street right-of-way Iying within the above described lands. And A part of the Southwest Quarter (SW%4) of the Northeast Quarter (NE%) of Section 27, Township 17 North Range 30 West, more particularly described as follows: Beginning at the Southwest Corner of said 40 Acre tract, and running thence North 832.92 feet along the West Iine of the NE 1/4; thence East 6I0.5 feet; thence North 501 00' 00" East 448.8 feet to the west right-of-way line of the Arkansas & Missouri Railroad; thence East 75 feet to a point on the west right-of-way line of Gregg Ave; thence East 25 feet; thence South 01° 00' 00" East 1121.58 feet, more or less, to the South line of the NE'/4 of Section 27, Township 17, Range 30; thence West 1073.88 feet along the South line of NE%4, more or less, to the point of beginning, containing a total of 99 acres, more or less. Part of Parcel No. 785-18156-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Johnson, Arkansas, 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 succe ors and assigns, the following described land situated in the County of Washin n, State of Arkansas, to -wit: A tra of land being part of the W% of the SW% of the NW% of Section/27 in Township 17 North, Range 30 West i the City of Johnson, Washington County, Arkansas, and being more particularly described as follows: Beginni at a found V rebar at the SW corner of the NW% of above said Section 27, Township 17 North, Range 3 \27, nce along the West line of said Section 27 N,'020 30' 30" E a distance of 47.32 feet; thence leaest line of said Section 27 S 88° 16' 25" E a,distance of 658.54 feet to the East line of the WY off the NW% of said Section 27 S 020 29' 54".,W a distance of 55.50 feet to the SE corner of the W%2% of the NW% of said Section 27; thence leaving the East line of the W% of the SW% of the NZ tion 27, along the South line of the NW% of said Section 27 N 87° 33' 44" W a distance of 658.49 oint of Beginning and containing 33,851 square feet or 0.77 acres, more or less. The above dese being subject to any and all easements or rights-of-way of record or fact. (The above description is � put forth in the Order of Poession and Consent Judgment of Civil Action No. CIV 09-2572-5.) TO HAVE AND TO HOLD th said lands and ap rtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forev And the said rantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unen mbered, an hat 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: M STATE OF ARKANSAS COUNTY OF WASHINGTO day of 2010. City of Johnson, Arkansas ACKNOWLEDGMENT ss. or tvpe Name EAL) BE IT REMEMBEand State, personally appeared and D, that on this date, before the undersigned, a duly commissioned an acting Notary Public within and for said County to me well known as the perso s who executed the foregoing document, and who stated and acknowle ged th they are the and , respectively, of the City of Johnson, Akkansa and are duly authorized in their re ective capacities to execute the foregoing Instrument for and in the name and half of said municipality, and furl er stated and acknowledged that they had so signed, executed and delivered said instru nt for the consideration, uses 7nd purposes therein mentioned and set forth. WITNESS/my hand and seal on this day of 12010. MY COMMISSION EXPIRES: Notary Public Document: (GAGIS2tProjects12010\Van 2010 — 10:00:10 AM ~l r �C? s" c� 4%, � Gy c�os�r. 'seri d�r �t S� Sewer Service Area o VAN ASCHE DR T� H O M A VANAsruc. (Kit)\Maps\Proposed Annexation 8x1\uX accounts.mxd) MAIN Sewer Service Area Johnson City Limits Fayetteville City Limits CITY of FAYETTEVILLE, ARKANSAS CHECK No. 392181 DATE INVOICE NO. DESCRIPTION AMOUNT 8/05/2010 0000064529 Van Asche extension ROW -loss sales taxes l ! 35,000.00 CHECK AMOUNT $35,000.00 16 DETACH HERE FOR YOUR RECORDS .. -. C.ITX FI'''T�VII,LE CHECK No. 392181 FAY7TEVILLE f1R}iA+fSA' S DIkTE - GENERAL FUND.... VOID IF NOT 60 DAYS :�9 2010 CASHED IN P1CY TO €tkE 0RIJE " Cid of Jo T__. 11039 2 18 LII' x:08 290087 21: 484 1984411'06 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: General Government Request Date Adjustment Number 2010 Division: Miscellaneous 7/6/2010 Program: Miscellaneous JUSTIFICATION TO INCREASE PROJECT / ITEM: To purchase .77 acres from the City of Johnson for the ROW for the Van Asche Extension. JUSTIFICATION TO DECREASE PROJECT / ITEM (OR RECOGNIZING REVENUE): Sufficient funding remains to comply with City policy. Increase Decrease Project.Sub Account Name Account Number Budget Budget Number Miscellaneous 1010.6600.5900.00 35,000 Use of Fund Balance 1010.0001.4999.99 Division Head Date B dget Direct Date Department Director Date 6 d 0 -Ui,6 Date - o Date 6/ ,4, Dfite 35,000 TOTAL 35,000 35,000 Requested By kspringer Budget & Research Use Only Type: A B C �DN E Description: 0 General Ledger Date Posted to General Ledger Initial Date Posted to Project Accounting Initial Date H:\Budget\Budget Adjustments\2010 Budget\Barbara\BAForm_2010_New_Format Part of Parcel No. 785-18156-000 L WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT the City of Johnson, Arkansas, 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: i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Doc ID: 013635260001 Type: REL Kind: WARRANTY DEED Recorded: 09/09/2010 at 12:29:11 PM Fee Amt: $15.00 Paae 1 of i Washinaton Countv. AR Bette stamps Circuit Clerk File2010-00026153 A tract of land being part of the WY2 of the SW% of the NW'/ of Section 27 in Township 17 North, Range 30 West in the City of Johnson, Washington County, Arkansas, and being more particularly described as follows: Beginning at a found'/" rebar at the SW corner of the NW% of above said Section 27, Township 17 North, Range 30 West; thence along the West line of said Section 27 N 02* 30' 30" E a distance of 47.32 feet; thence leaving the West line of said Section 27 S 88° 16' 25" E a distance of 658.54 feet to the East line of the WY of the SW% of the NWY4 of said Section 27 S 020 29' 54" W a distance of 55.50 feet to the SE corner of the WY2 of the SW% of the NWY4 of said Section 27; thence leaving the East line of the W% of the SW% of the NW% of said Section 27, along the South line of the NW% of said Section 27 N 870 33'44" W a distance of 658.49 feet to the Point of Beginning and containing 33,851 square feet or 0.77 acres, more or less. The above described property being subject to any and all easements or rights-of-way of record or fact. (The above description is as put forth in the Order of Possession and Consent Judgment of Civil Action No. CIV 09-2572-5.) 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 194-1 day of _ /�L(�1s7� 2010. BY:cfc�_�^ ATTEST STATE OF ARKANSAS COUNTY OF WASHINGTON City of Johnson, Arkansas 1�6 644-9-1 ZDit WIt _; &�.t/ i1��iED2 [Please print or type Name and Title] ACKNOWLEDGMENT ss. [SEAL] BE IT REMEMBERED, that on this date, before the undersigned, duly commissioned and actin Notary Public : within and for said County and State, personally appeared ._�d�i(!l� Aand V me well Mow_n as the persons whcA exec ted the for in document, and who stated and acknowledged that they are the ;0^91. and ZA spectively, of the City of Johnson, Arkansas, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipality, 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 l0 day of '2010. MY CO l{JN E"tRIGHT „or�Y;,= as mg on County ,5 : = iVy Commission Expires '� Notary Public Washington County, AR I certify this instrument was filed on 09/09/2010 12:29:11 PM and recorded in Real Estate File Number 2010-00026153 Bette Stamps - Circuit Clerk �b