HomeMy WebLinkAbout32-10 RESOLUTIONRESOLUTION NO. 32-10
A RESOLUTION AUTHORIZING THE SALE OF RIGHT-OF-WAY ALONG
CROSSOVER ROAD (STATE HIGHWAY 265) CONTAINING 1,301
SQUARE FEET AND BEING A PART OF PARCEL No. 765-13279-100 FOR
A TOTAL OF $1,750.00 AND TWO TEMPORARY CONSTRUCTION
EASEMENTS ON PART OF PARCEL No. 764-13277-000 FOR $1,050.00,
AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS AND ALL
OTHER NECESSARY PAPERS TO TRANSFER OWNERSHIP AND
EASEMENTS ON THE PROPERTIES 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 sale of right-of-way along Crossover Road (State Highway 265) containing 1,301 square feet
and being a part of Parcel No. 765-13279-100 for a total of $1,750.00 to the Arkansas State
Highway Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the sale of temporary construction easements along Crossover Road (State Highway 265) on part
of Parcel No. 764-13277-000 for $1,050.00 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 and easements
on the properties to the Arkansas State Highway Commission.
PASSED and APPROVED this 16t' day of February, 2010.
APPROVED:
ATTEST:
By By:
O ELD JO N, Mayor
'I-,& 6�� -
SONDRA E. SMITH City Clerk/Treasur ` 111" °P,,E
aoe��Rt�JTR,o'`�F,�
Y RFs SGS
oU° °mow
FAYETTEVI LLE
m
1`EJ14 J I110103a
Chris Brown
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/16/2010
City Council Meeting Date
Agenda Items Only
Engineering Development Services
Division Department
Action Kequirea:
resolution authorizing the dedication of right-of-way along Highway 265 (Crossover Road) containing a total 1,301
quare feet and being a part of Parcel No. 765-13279-100 and authorizing the granting of two temporary construction
isements across part of Parcel No. 765-13277-000, and to authorize the Mayor to execute deeds and any other
�cessary papers to effect a transfer of ownership of this property to the Arkansas State Highway Commission.
Cost of this request
Account Number
Project Number
Category / Project Budget
Funds Used to Date
Remaining Balance
Budgeted Item Budget Adjustment Attached
Depa—rtrnbnt biector Date
Ci ttorney Date
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
T" a- ► lln.� Z-1-2oia
Finance and Internal Services Director Date Received in City ENTERED
Clerk's Office
Date ED ED
Received in /
/ Mayor's Office
Date
Comments:
Revised January 15, 2009
Z•
ayZe.' vl e
KANSAS _
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer
From: Jill Goddard, Land Agent
Date: January 25, 2010
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
Council Meeting of February 16, 2010
Subject: A resolution authorizing the dedication of right-of-way along Highway 265 (Crossover Road)
containing a total of 1301 square feet and being a part of Parcel No. 765-13279-100 and
authorizing the granting of two small temporary construction easements across part of Parcel No.
765-13277-000, 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.
PROPOSAL:
The Arkansas State Highway Department (AHTD) has a current construction project (Job 040517) for
improvements along Highway 265 (Crossover Road) from Highway 45 to Joyce Boulevard. For the purposes of
constructing the proposed project, AHTD is requesting the dedication of right-of-way from part of Parcel No.
765-13279-000 (located at the northwest corner of the intersection of Crossover Road and Old Wire Road).
AHTD is also requesting two small temporary construction easements from part of Parcel No. 765-13277-000
(across the southern driveway to Fire Station No. 5 and just south of the driveway in part of Routh Park, located
at the southwest corner of the intersection of Crossover Road and Old Wire Road).
RECOMMENDATION:
Staff recommends Council approval of the dedication of right-of-way and granting of the temporary
construction easements to the Arkansas State Highway Commission.
BUDGET IMPACT:
AHTD is offering $700.00 (Tract 45) and $1,050.00 (Tract 44) as compensation for the right-of-way from
Parcel No. 765-13279-100 and $1,050.00 as compensation for the temporary construction easements from
Parcel No. 765-13277-000.
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE SALE OF RIGHT-OF-WAY ALONG
CROSSOVER ROAD (STATE HIGHWAY 265) CONTAINING 1,301
SQUARE FEET AND BEING A PART OF PARCEL No. 765-13279-100 FOR
A TOTAL OF $1,750.00 AND TWO TEMPORARY CONSTRUCTION
EASEMENTS ON PART OF PARCEL No. 764-13277-000 FOR $1,050.00,
AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS AND ALL
OTHER NECESSARY PAPERS TO TRANSFER OWNERSHIP AND
EASEMENTS ON THE PROPERTIES 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 sale of right-of-way along Crossover Road (State Highway 265) containing 1,301 square feet
and being a part of Parcel No. 765-13279-100 for a total of $1,750.00 to the Arkansas State
Highway Commission.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the sale of temporary construction easements along Crossover Road (State Highway 265) on part
of Parcel No. 764-13277-000 for $1,050.00 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 and easements
on the properties to the Arkansas State Highway Commission.
PASSED and APPROVED this 16`h day of February, 2010.
APPROVED: ATTEST:
IN
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
RESOLUTION NO.
A RESOLUTION AU ORIZIIVG THE DONA ON OF RIGHT-OF-WAY
ALONG CROSSOVER AD (STATE HIGHW 265) CONTAINING 1,301
SQUARE FEET AND BE G A PART OF P EL No. 765-13279-100, AND
AUTHORIZING THE M YOR TO EXEC E DEEDS AND ALL OTHER
NECESSARY PAPERS T TRANSFER O ERSHIP OF THE PROPERTY
TO THE ARKANSAS STAT HIGHWAY OMMISSION
BE IT RESOLVED BY \THE//CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the CityCouncil the City of Fayetteville, Arkansas hereby authorizes
the donation of right-of-way along Cr ve Road (State Highway 265) containing 1,301 square
feet and being a part of Parcel No. 765 3279 100 to the Arkansas State Highway Commission.
Section 2. That the City Co cil of the ity of Fayetteville, Arkansas hereby authorizes
the Mayor to execute deeds and other necessa papers to transfer ownership of the property
to the Arkansas State Highway ommission.
PASSED and APPROVED this 16t1i day of Fe\ruary, 2010.
APPROVED:
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SNV11TH, City Clerk/Treasurer
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers P.O. Box 2261
Director q�T Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 I D Telefax (501) 569-2400
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: Job 040517
STP -9142 (24)
Hwy. 45 — Joyce Blvd. (Fayetteville)
Washington County
Tract 45
Dear Property Owner(s):
A negotiator for the Arkansas State Highway Commission presented to you a Contract to Sell
offering to purchase the fee simple title to your property needed for highway purposes. A
description of the property needed is attached hereto. The negotiator will contact you within 10
business days for your response that should include all issues or concerns you may have
regarding the offer. It is anticipated that negotiations should be concluded within 30 calendar
days from the date of the initial contact.
The offer of $700.00 is based on the opinion of a qualified real estate appraiser. The offered
amount is based on the market value concept and is broken down as follows: $700.00 as just
compensation for the realty to be acquired and $-0- for damage to the remaining lands.
Should you elect to accept this offer, the State will determine if you can convey a merchantable
title, and if so, a proper deed conveying the land to the Arkansas State Highway Commission will
be prepared and you will be paid the amount contained in the written offer.
If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects
to do so, a condemnation suit will be filed and the amount that the Arkansas State Highway
Commission has determined to be estimated just compensation for your property will be
deposited into the registry of the Circuit Court of this County. You may at this time elect to
accept the amount deposited as just compensation for your property. If you elect to do so, the
Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation and
this amount will be paid to you thereby disposing of the condemnation suit.
Page 2
City of Fayetteville
If you do not elect to accept the amount deposited as estimated just compensation, then you may
withdraw the amount placed on deposit as estimated just compensation without prejudice to your
rights to claim additional compensation. In this event, you will be entitled to a trial by jury by
the Circuit Court of the County in which your lands are situated to determine just compensation
for your lands condemned.
In either event, payment of the estimated just compensation will be made available to you prior
to vacating your property.
Yours truly,
Perry M. Johnston
Division Head
Right of Way Division
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JOB NAME: Hwy. 45 — Joyce Blvd. (Fayetteville) (S)
JOB 040517
0' RUGINA TRACT 45
STP -9142 (24)
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: 113 W. Mountain Street, Fayetteville, AR 72701
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 Fractional Northwest Quarter of the Northwest Quarter of Section 31, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the North Sixteenth corner of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Westerly right of
way of Arkansas State Highway 265 as established by AHTD Job 4704; thence continuing North 03° 28' 35"
East along said right of way line a distance of 18.85 feet to the POINT OF BEGINNING; thence North 87° 41'
01" West a distance of 7.36 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as
established by AHTD Job 040517; thence North 61° 32'38" East along said right of way line a distance of 8.67
feet to a point on the Westerly right of way of Arkansas State Highway 265 as established by AHTD Job 4704;
thence South 03° 28' 35" West along said right of way line a distance of 4.44 feet to the POINT OF
BEGINNING and containing 16 square feet more or less as shown on plans prepared by the AHTD referenced
as Job 040517.
AND ALSO:
Commencing at a point being used as the North Sixteenth corner of Section 31; thence South 87° 27'
42" East along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section
31 a distance of 635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point
on the Westerly right of way of Arkansas State Highway 265 as established by AHTD Job 4704; thence
continuing North 03° 28' 35" East along said right of way line a distance of 386.66 feet to a point;
thence North 08° 07' 16" East along said right of way line a distance of 186.00 feet to a point; thence
North 02° 18' 59" East a distance of 69.53 feet to a point on the Westerly right of way line of Arkansas
State Highway 265 as established by AHTD Job 040517 to the POINT OF BEGINNING; thence North
32° 24'57" West along said right of way line a distance of 52.10 feet to a point on the South line of Lot
10, Block 5, Huntington Subdivision; thence North 58° 02' 53" East along said South line a distance of
35.92 feet to a point; thence South 02° 18' 59" West a distance of 63.04 feet to the POINT OF
BEGINNING and containing 0.02 acres or 936 square feet more or less as shown on plans prepared by
the AHTD referenced as Job 040517.
Total area to acquire containing 0.02 acres or 952 square feet more or less.
JGW
12-12-07
® Uncontrolled Access
❑ Partially Controlled Access — Access break from Station to Station
❑ Fully Controlled Access
❑ Fully Controlled Access with a frontage road
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
PAYMENTDUE----------------------------------------------------------------------------------------------------- $700.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that 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 the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Dated this day of
Sia re
Fed. I.D.# /SS#
Signature
Fed. I.D.# /SS# 8114,
STATE OF AH--,ansaS
COUNTY W CS1 t 11c�o s�
Signature
Fed. I.D.# /SS#
Signature
Fed. I.D.# /SS#
ACKNOWLEDGMENT
SS
20/0
BE IT REMEMBERED, that on this day came before the undersigned, a Nola °tic, acting within
and for the aforesaid County, on this day personally appeared k' ona l � rtorc „ A- S o -,6- ns& San�7-t�,
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that tk-e- executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public day of
S
MY'dOMA41SSION EXPIRES: KOTARY PUBLIC
Form W-9
Request for Taxpayer
(Rev. October 2007)
Identification Number and Certification
Give form to the
Departments of the Treasury
Internal Revenue Service
requestor. Do not
send to the IRS.
Name (as shown on your income tax return)
Business narAe, if different fro above
en
R
a
e
0
c
�
Check appropriate box: ❑ Individual/ Sole proprietor PY(;orporation ❑ Partnership ❑ Limited liability company. ❑ Exempt payee
..
Enter tax classification (D=disregarded entity, C=corporation, Partnership ► ❑ Other ►
O y„
LAddress
(number, street, and apt. or suite no.)
Requester's name and address (optional)
a w
Arkansas State Highway and Transportation
`T17J&X&n
Department
City ,state, and Zip code
rn
Right of Way Division
dP
�n
® 1
O. Box 2261
/
Little Rock, AR 72203
List accpfint number(s) here (optional)
Part I 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 Social security number
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. or
Note. If the account is in more than one mane, see the chart on page 4 for guidelines on whose number to Employer identification number
� / � ,, ry �/�
enter. d 7
Part II 1 Certification
Under penalties of pequry, I certify th
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 Service (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. citizen or other U. S. person (defined below)
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, item 2 does not apply. For mortgage interest paid, acquisition or
abandonment of secure property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payment other than interest or
dividends, you are not required to sign the Certification, but you must}]rryyide your correct TIN. (See the instructions on page 4.)
Sign Signature of
Here U.S. Person ► Date ►�f
GenefieInAtructions
Definition of a U.S. person. I federal tax purposes, you are considered a U. S.
person if you are:
Section references are to the Internal Revenue Code unless otherwise noted.
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.
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 withholding, or
3. Claim exemption 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
• An individual who is a U. S. citizen or U. S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under laws of the United States, or
• An estate (other than than a foreign estate) or
• A domestic trust (as defined in Regulation section 301.7701-7)
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
partners' 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 is 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,
MORTGAGE AUTHORIZATION
Form must be filled out completely, signed and submitted to the
Right of Way Division/Administrative Section immediately following first contact.
Job #: 040517 Tract#: 45
Property Owner: ' ,0 f `1l
Address: /%3 2S f lhpal r Affh i
-7-210
Telephone #:��) g
Social Security #/Federal I.D.#:
Mortgage Company: %f (y /V r
Address:
Telephone #:
Loan #:
Contact Person:
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, write "NONE and sign below where indicated."
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 Partia elease.
Property Owner / Mortgagor's Signature: Date: V/M/o
Date: %Ti
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers P.O. Box 2261
Director N Little Rock, Arkansas 72203-2261
Telephone (501) 569-2000 I D Telefax (501) 569-2400
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Re: Job 040517
STP -9142 (24)
Hwy. 45 — Joyce Blvd. (Fayetteville)
Washington County
Tract 44
Dear Property Owner(s):
A negotiator for the Arkansas State Highway Commission presented to you a Contract to Sell
offering to purchase the fee simple title to your property needed for highway purposes. A
description of the property needed is attached hereto. The negotiator will contact you within 10
business days for your response that should include all issues or concerns you may have
regarding the offer. It is anticipated that negotiations should be concluded within 30 calendar
days from the date of the initial contact.
The offer of $1,050.00 is based on the opinion of a qualified real estate appraiser. The offered
amount is based on the market value concept and is broken down as follows: $1,050.00 as just
compensation for the realty to be acquired and $-0- for damage to the remaining lands.
Should you elect to accept this offer, the State will determine if you can convey a merchantable
title, and if so, a proper deed conveying the land to the Arkansas State Highway Commission will
be prepared and you will be paid the amount contained in the written offer.
If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects
to do so, a condemnation suit will be filed and the amount that the Arkansas State Highway
Commission has determined to be estimated just compensation for your property will be
deposited into the registry of the Circuit Court of this County. You may at this time elect to
accept the amount deposited as just compensation for your property. If you elect to do so, the
Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation and
this amount will be paid to you thereby disposing of the condemnation suit.
Page 2
Charley L. & Virginia C. Bradley
If you do not elect to accept the amount deposited as estimated just compensation, then you may
withdraw the amount placed on deposit as estimated just compensation without prejudice to your
rights to claim additional compensation. In this event, you will be entitled to a trial by jury by
the Circuit Court of the County in which your lands are situated to determine just compensation
for your lands condemned.
In either event, payment of the estimated just compensation will be made available to you prior
to vacating your property.
Yours truly,
Perry M. Johnston
Division Head
Right of Way Division
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JOB NAME: Hwy. 45 —Joyce Blvd. (Fayetteville) (S) U'O&, RIG` I NNAL
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: 113 W. Mountain St., Fayetteville, AR 72701
Grantee: ARKANSAS STATE HIGHWAY COMMISSION
JOB 040517
TRACT 44
STP -9142 (24)
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 Fractional Northwest Quarter of the Northwest Quarter of Section 31, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the North Sixteenth corner of Section 31; thence South 870 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Northerly right of
way of Old Wire Road as established by AHTD Job 4936 to the POINT OF BEGINNING; thence North 79° 41'
25" West along said right of way line a distance of 31.56 feet to a point on the Westerly right of way line of
Arkansas State Highway 265 as established by AHTD Job 040517; thence North 610 32' 38" East along said
right of way line a distance of 28.25 feet to a point; thence South 87° 41' 01" East a distance of 7.36 feet to a
point on the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 4704;
thence South 03° 28' 35" West along said right of way line a distance of 18.85 feet to the POINT OF
BEGINNING and containing 0.01 acres or 349 square feet more or less as shown on plans prepared by the
AHTD referenced as Job 040517.
JGW
12-12-07
® Uncontrolled Access
❑ Partially Controlled Access — Access break from Station
❑ Fully Controlled Access
❑ Fully Controlled Access with a frontage road
to Station
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
PAYMENTDUE--------------------------------------------------------------------------------------------------- $1,050.00
(Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be
paid after approval of title and execution of a deed as hereinafter provided).
The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within
ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall
declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s)
will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the
stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any
mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated
herein to wit:
It is understood and agreed that 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 the
"Contract to Sell".
The Arkansas State Highway Commission is hereby authorized and directed to make payment of
the purchase funds for the conveyance to
Dated this day of
Si re i�✓��!Gz�
Fed. I.D.# /SS# 7
ae f ,,
Signature�' /, i
- i
STATE OF �CY.an SGS
COUNTY
BE IT REMEMBERED,
Signature
Fed. I.D.# /SS#
Signature
Fed. I.D.# /SS#
ACKNOWLEDI
SS
that on this day came befor
and for the aforesaid County, on this day personally appeared
20/0
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
thatexecuted the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public 9LI day of F&CvLVVO
n J�a/I S/ OL
mVcbqmisS1ON EXPIRES: NOTARY PUBLIC
Form W-9
Request for Taxpayer
(Rev. October 2007)
Identification Number and Certification
Give form to the
Departments of the Treasury
requestor. Do not
Internal Revenue Service
send to the IRS.
Name (as shown on your income tax re urn)
e 4t BY (//e,
Business name, f different from above
eu
a
0
o e
Check appropriate box: ❑ Individual/ Sole proprietor i�oration ❑ Partnership ❑ Limited liability company. ❑ Exempt payee
t'
Enter tax classification (D=disregarded entity, C=corporation, Partnership ► ❑ Other ►
L .may
O L,
Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
A. w_
Arkansas State Highway and Transportation
'v
vet/
Department
City ,state, and Zip code
ra
Right of Way Division
P. O. Box 2261
rig
,a /
Little Rock, AR 72203
Lit acco t number(s) here (o tional)
Part I 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 Social security number
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. or
Note. If the account is in more than one mane, see the chart on page 4 for guidelines on whose number to Employer identification number
I I _ � 0lff�.�
enter.
Part II
Under Dena
Certification
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 Service (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. citizen or other U. S. person (defined below)
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, item 2 does not apply. For mortgage interest paid, acquisition or
abandonment of secure property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payment other than interest or
dividends, you are not required to sign the CertificAon, but you must prQY4 your correct TIN. (See the instructions on page 4.)
Sign Signature of �/f
Here U. S. Person ► L�� /' //i/1�> Date ►
Section references are to the Internal Revenue Code unless otherwise noted.
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.
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 withholding, or
3. Claim exemption 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
Definition of a U.S. persoYn. For federal tax purposes, you are considered a U. S.
person if you are:
• An individual who is a U. S. citizen or U. S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under laws of the United States, or
• An estate (other than than a foreign estate) or
• A domestic trust (as defined in Regulation section 301.7701-7)
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
partners' 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 is 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,
MORTGAGE AUTHORIZATION
Form must be filled out completely, signed and submitted to the
Right of Way Division/Administrative Section immediately following first contact.
Job #: 040517 Tract#:
Property Owner:
Address: AY 1,� k �"4a4e�,
ME � _72 70
Telephone #: S
Social Security #/Federal I.D.#: 601YV6L_,
Mortgage Company:
Address:
Telephone #:
Loan #:
Contact Person:
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, write "NONE and sign below where indicated."
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 $[elease. _
Property Owner / Mortgagor's Signature
Date:
Date:/�
01/2512010 14:28 5015692018 AHTD PAGE 02/05
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan dowers Q P.O. Box 2261
Director Little Rock, Arkansas 72203-2261.
Telephone (501) 569-2000 9�1 � Telefax(301) 569-2400
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Property Owners:
f,?-r,j /-zs/o
Re: Job 040517
STP -9142 (24)
Hwy. 45 — Joyce Blvd.. (Fayetteville)
Washington County
Tract 40E-1, 40E-2
The negotiator for the Arkansas State Highway Commission has presented you with a Temporary
Construction Easements to be granted to the Ar..kansas State Highway Commission for the
construction of tlae above project. Our appraisal estimates that the value of the use of Two (2)
Temporary Construction. Easements is $1,050.00. Should you elect to convey the Temporary
Construction Easements, please execute the easement form and return to us. If you make a final
.rejection of conveying this easement, anal if the Arkansas State Highway Commission elects to
do so, a condemnation suit will be filed for time needed easement in the Registry of the Circuit
Court of this county.
If you do not elect to convey the easement, you will be entitled to trial by jury by the Circuit
Court of the county in which your lands are situated to determine just compensation for the
easement on the lands condemned by the Circuit Court as in any other civil matter.
Yours truly,
Perry M. Johnston
Division Hcad
Right of Way Division
MIA=
0112512010 14:28 5015692016
5
CONST.
PJ.- 5320.72
'Ln2FIV14. LT.
r' J D-01 00'0V
Tc 205.37'
L- 402.44'
R= 8!833
FRL
sw N w
51
8.76.3 �' ^�84�4ty—
Nf9•p4'!8'E C^28276'
AHTD
.
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�N `
PAGE 04105
T -/7-N9 R-29-
,RES -1.60 Am
J
HWY. 45 - JOYCE BLVD
(FAYETTEVILLE)
ARKANSAS STATE HIGHWAY COMMISS
RIGHT OF WAY MAP
JOB 040517 WASHINGTON COL
E0 20 2S C0 73 1fDQ
JOB: 040517
TRACT: 40E
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT City of Fayetteville for and in consideration of Six Hundred Fifty Dollars, ($650.00),
and other valuable considerations, to us cash in hand paid by the Arkansas State Highway Commission,
the receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway
Commission, it's successors and assigns an exclusive temporary right of way and temporary easement
for the sole purposes necessary for Highway construction, together with free ingress and egress, to,
across, through and over the lands shown on the Right of Way Plans for Job No. 040517, and
designated as Tract No. 40E situated in the County of Washington, State of Arkansas.
This temporary easement as conditioned above shall terminate when the above subject job has
been completed by the contractor and accepted by the Arkansas State Highway Commission.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to
its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth.
WITNESS my signature of thisday of , 20)
Aga") A"��0
Sign e` P Signature
Fed. I.D.# /SS# �! �0/ 7' 6r� Fed. I.D.# /SS#
ACKNOWLEDGMENT
STATE OF Ac -y- sc,S
SS
COUNTY \ p j tlq�orl
BE IT REMEMBERED, that on this day came before the undersigned, `a Notary Public, acting within
and for the aforesaid County, on this day personally appeared k j Owe I CJ �c�rda�c�c.,- SW
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
thatexecuted the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Publical day of uac , 200
1/15/
MY (!OM,lvflSSION EXPIRES:
Property Owners Initial
monalINm _��tl
• • • :
•
MORTGAGE AUTHORIZATION
Form must be filled out completely, signed and submitted to the
Right of Way Division/Administrative Section immediately following first contact.
Job #: 040517 Tract#:
Property Owner:`
Address: 14 o
e- -7-7-70l
Telephone#:
Social Security #/Federal LD.#: 0/RU-
Mortgage Company: zk/(%E-
Address:
Telephone #:
Contact Person:
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, write "NONE and sign below where indicated."
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 Partialelease.
Property Owner / Mortgagor's Signature: Date:
Date:
01/25/2010 14:28 5015692018 AHTD PAGE 05/05
JOB: 040517
ORIGINAL TRACT: 40E-2
TEMPORARY CONSTRUCTION EASEM;
KNOW .ALL MEN BY THESE PRESENTS:
THAT City of Fayetteville for and in consideration of Four Hundred Dollars, ($400,00),
and other valuable considerations, to us cash in hand paid by the Arkansas State Highway Commission,
the receipt of, which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway
Commission, it's successors and assigns an exclusive temporary right of way and temporary easement
for the sole purposes necessary for Highway construction, together with free ingress and egress, to,
across, through. and over the lands shown on the Right of Way Plans for Job No. 040517, and
designated as Tract No. 40E-2 situated in the County of Washington, State of Arkansas.
This temporary casement as conditioned above shall terminate when the above subject job has
been completed by the contractor and accepted by the Arkansas State Highway Commission.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to
its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth..
WITNESS my signature 4
of this day of Ja 20 l 0 -
Si atu
STATE OF N(- Qo r\Sc,- S
COUNTY W a SV( (\
Signature
ACKNOWLEDGMENT
SS
}
BE IT REMEMBERED, that on this day came before the undcrsign.ed, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared i
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that nes executed. the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seat as such Notary Public day of 20� d
LC:
MY C MM SSI N EXPIRES: NOTARY PUBLIC
Property Owners Initial
Job No. 040517
Tract No. 44, 45
WARRANTY DEED
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 161h day of February, 2010, for and in consideration of
the sum of ONE THOUSAND SEVEN HUNDRED FIFTY AND N0/100 DOLLARS ($1,750.00), and other
good and valuable considerations, cash in hand paid by the Arkansas State Highway Commission, the receipt
and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto 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:
Tract No. 44
Part of the Fractional Northwest Quarter of the Northwest Quarter of Section 31, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Connnencing at a point being used as the North Sixteenth comer of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Northerly right of
way of Old Wire Road as established by AHTD Job 4936 to the POINT OF BEGINNING; thence North 79° 41'
25" West along said right of way line a distance of 31.56 feet to a point on the Westerly right of way line of
Arkansas State Highway 265 as established by AHTD Job 040517; thence North 61' 32'38" East along said
right of way line a distance of 28.25 feet to a point; thence South 87° 41' 01" East a distance of 7.36 feet to a
point on the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 4704;
thence South 03° 28' 35" West along said right of way line a distance of 18.85 feet to the POINT OF
BEGINNING and containing 0.01 acres or 349 square feet more or less as shown on plans prepared by the
AHTD referenced as Job 040517.
JGW 12-12-07
And Also,
Tract No. 45
Part of the Fractional Northwest Quarter of the Northwest Quarter of Section 31, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the North Sixteenth comer of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Westerly right of
way of Arkansas State Highway 265 as established by AHTD Job 4704; thence continuing North 03° 28' 35"
East along said tight of way line a distance of 18.85 feet to the POINT OF BEGINNING; thence North 87° 41'
01" West a distance of 7.36 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as
established by AHTD Job 040517; thence North 61° 32' 38" East along said right of way line a distance of 8.67
feet to a point on the Westerly right of way of Arkansas State Highway 265 as established by AHTD Job 4704;
thence South 03° 28' 35" West along said right of way line a distance of 4.44 feet to the POINT OF
BEGINNING and containing 16 square feet more or less as shown on plans prepared by the AHTD referenced
as Job 040517.
AND ALSO:
Commencing at a point being used as the North Sixteenth corner of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Westerly right of
way of Arkansas State Highway 265 as established by AHTD Job 4704; thence continuing North 03° 28' 35"
East along said right of way line a distance of 386.66 feet to a point; thence North 08° 07' 16" East along said
right of way line a distance of 186.00 feet to a point; thence North 02° 18' 59" East a distance of 69.53 feet to a
point on the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 040517 to
the POINT OF BEGINNING; thence North 32° 24' 57" West along said right of way line a distance of 52.10
feet to a point on the Soutlt line of Lot 10, Block 5, Huntington Subdivision; thence North 58° 02' 53" East
along said South line a distance of 35.92 feet to a point; thence South 02° 18' 59" West a distance of 63.04 feet
to the POINT OF BEGINNING and containing 0.02 acres or 936 square feet more or less as shown on plans
prepared by the AHTD referenced as Job 040517.
Total area to acquire containing 0.02 acres or 952 square feet more or less.
JGW 12-12-07
TO HAVE AND TO HOLD the same unto the said City of Fayetteville 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 Fayetteville, Arkansas has caused these presents to be executed
by its Mayor and City Clerk/Treasurer on this 1011lay of , 2010.
CITY OF FAYETTEVILLE, ARKANSAS
c
ably SGS � i neld Jora ayor
;FAYETIEVILLE;
.�
Sondra E. Smith, City Clerlr/Treasurer
ps.9RkANSP�J�'
;,til .... o
'oq;GTON��G�a° ACKNOWLEDGMENT
STATE OF
COUNTY OF
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 nad
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 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 U dTM=
2010.
.,Notary Public
MY COMMISSION EXPIRES:
�p'tARY
P®�G
Job No. 040517
Tract No. 44, 45
AFFIDAVIT OF NO LIENS
We, Lioneld Jordan and Sondra E. Smith, upon being duly swom, state:
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 104 day of February, 2010, has conveyed by Warranty Deed to the
Arkansas State Highway Commission, the following described property, to -wit:
Tract No. 44
Part of the Fractional Northwest Quarter of the Northwest Quarter of Section 31, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the North Sixteenth comer of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Northerly right of
way of Old Wire Road as established by AHTD Job 4936 to the POINT OF BEGINNING; thence North 79° 41'
25" West along said right of way line a distance of 31.56 feet to a point on the Westerly right of way line of
Arkansas State Highway 265 as established by AHTD Job 040517; thence North 61° 32' 38" East along said
right of way line a distance of 28.25 feet to a point; thence South 87° 41' 01" East a distance of 7.36 feet to a
point on the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 4704;
thence South 03° 28' 35" West along said right of way line a distance of 18.85 feet to the POINT OF
BEGINNING and containing 0.01 acres or 349 square feet more or less as shown on plans prepared by the
AHTD referenced as Job 040517.
JGW 12-12-07
And Also,
Tract No. 45
Part of the Fractional Northwest Quarter of the Northwest Quarter of Section 31, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Conunencing at a point being used as the North Sixteenth comer of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03° 28' 35" East a distance of 64.06 feet to a point on the Westerly right of
way of Arkansas State Highway 265 as established by AHTD Job 4704; thence continuing North 03° 28' 35"
East along said right of way line a distance of 18.85 feet to the POINT OF BEGINNING; thence North 87° 41'
01" West a distance of 7.36 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as
established by AHTD Job 040517; thence North 61° 32' 38" East along said right of way line a distance of 8.67
feet to a point on the Westerly right of way of Arkansas State Highway 265 as established by AHTD Job 4704;
thence South 03° 28' 35" West along said right of way line a distance of 4.44 feet to the POINT OF
BEGINNING and containing 16 square feet more or less as shown on plans prepared by the AHTD referenced
as Job 040517.
AND ALSO:
Commencing at a point being used as the North Sixteenth comer of Section 31; thence South 87° 27' 42" East
along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 31 a distance of
635.15 feet to a point; thence North 03' 28' 35" East a distance of 64.06 feet to a point on the Westerly right of
way of Arkansas State Highway 265 as established by AHTD Job 4704; thence continuing North 03' 28' 35"
East along said right of way line a distance of 386.66 feet to a point; thence North 08' 07' 16" East along said
right of way line a distance of 186.00 feet to a point; thence North 02° 18' 59" East a distance of 69.53 feet to a
point on the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 040517 to
the POINT OF BEGINNING; thence North 32° 24' 57" West along said right of way line a distance of 52.10
feet to a point on the South line of Lot 10, Block 5, Huntington Subdivision; thence North 58' 02' 53" East
along said South line a distance of 35.92 feet to a point; thence South 02° 18' 59" West a distance of 63.04 feet
to the POINT OF BEGINNING and containing 0.02 acres or 936 square feet more or less as shown on plans
prepared by the AHTD referenced as Job 040517.
Total area to acquire containing 0.02 acres or 952 square feet more or less.
JGW 12-12-07
No person has any valid contract for the purchase of said premises, or any part thereof;
3. We know of no facts by reason of which grantors' possession of or title to said premises, or any
part thereof, might be disputed or questioned, or by reason of which any claim to any part of said property, or to
any undivided interest, adverse to grantors might be set up or made;
4. There is no suit or proceeding pending in any court or elsewhere affecting said premises or any
part thereof;
The said premises are free and clear of all taxes, encumbrances, or liens by attachment,
mortgage, decree, judgment, or by statute, or by virtue of any proceedings, in any court, state or federal, or filed
in the office of the Clerk of any county, or court in this State, and of all other liens of every nature and sort
whatever, recorded or unrecorded, other than any mortgages partially released herein;
6. There are no judgments, decrees, attachments, or orders of any court or officer for the payment
of money against City of Fayetteville, Arkansas, individually, or in connection with any other party or parties,
unsatisfied or not cancelled of record in any of the courts or before any officer of the United States or of this
State;
7. No proceedings in bankruptcy have ever been instituted by or against City of Fayetteville,
Arkansas, in any court, or before any officer of any State, or of the United States;
8. The grantor is not party to any litigation now pending in any court of Arkansas;
9. The grantor is not surety on any bond payable to the State of Arkansas, whereby alien may
hereafter attach to said real estate;
10. No person, persons, corporation or corporations is entitled to any lien on said real estate for work
or labor or materials;
11. No liens have been filed against the above property for hazardous waste or notices of same given
by the Enviromnental Protection Agency;
12. Said property is not traversed by any roads, ways, or easements except those shown of record;
1.3. The affiants are over the age of eighteen;
14. The affiants understand and recognize that a portion of the purchase money funds of the said
property was contributed by the Federal Highway Administration.
15. All the statements and representations in the affidavit are made in order to induce the said
grantee to pay to grantors the sum of ONE THOUSAND SEVEN HUNDRED FIFTY AND NO/100
($1,750.00) purchase -money for said real estate.
k. -VY O"c'.G�
;FAYETTEVILLE J;oudra E. Smith, City Clerldrreasurer
STATE OF )
COUNTY OF )
Subscribed and sworn to by Lioneld Jordan and Sondra E. Smith, Mayor and City Clerk/Treasurer,
respectively, of the City of Fayetteville, Arkansas Affiants, herein before me this I Q"-\ day of
2010.
My Commission Expires: %
3