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HomeMy WebLinkAbout38-10 RESOLUTIONRESOLUTION NO. 38-10 A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-WAY ALONG WEDINGTON DRIVE (STATE HIGHWAY 16) CONTAINING 0.31 ACRES AND BEING PARCEL NOS. 765-13746-002 AND 765-13746-003, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS AND ALL OTHER NECESSARY PAPERS TO TRANSFER OWNERSHIP OF THE PROPERTY TO THE ARKANSAS STATE HIGHWAY COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the donation of right-of-way along Wedington Drive (State Highway 16) containing 0.31 acres and being a part of Parcel Nos. 765-13746-002 and 765-13746-003 to the Arkansas State Highway Commission. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute deeds and all other necessary papers to transfer ownership of the property to the Arkansas State Highway Commission. PASSED and APPROVED this 2nd day of March, 2010. APPROVED: ATTEST: By: By: O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer �eflfl®flfl911tPYptPPP oOG��FtWVTR�sP,P `� mo mo mm PP Y wV® m ° FAYETTEVILLE Wiz® °moo ° /V(3 PAo' (3TOIL 1"Jilllilt 100p0 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 3/2/2010 City Council Meeting Date Agenda Items Only Chris Brown Engineering Development Services Submitted By Division Department Action rtequirea: Elution authorizing the dedication of right-of-way along Wedington Drive (Highway 16) containing 0.31 acres Parcel Nos. 765-13746-002 and 765-13746-003 and to authorize the Mayor to execute deeds and any other sary papers to effect a transfer of ownership of this property to the Arkansas State Highway Commission. Cost of this request Account Number Project Number Budgeted Item $ Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached All • 08 .Vto Date 2 -i -t e Date Finance and Internal Services Director Date :,omments: -?-/p /J Date D'v D to Program Category/ Project Name Program / Project Category Name Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Up"'i" Received in City Clerk's Office Received in EN Mayor's Office f vr( Revised January 15, 2009 • aPVe l e -ARKANSAS 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: February 8, 2010 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of March 2, 2010 Subject: A resolution authorizing the dedication of right-of-way along Wedington Drive (Highway 16) containing 0.31 acres and being Parcel Nos. 765-13746-002 and 765-13746-003 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: Forest Hills Partners LLC dedicated 0.31 acres of Wedington Drive right-of-way to the City of Fayetteville as part of their development plans (dedicated thru Deed Ref., 2010-00001295, recorded 1/14/2010). AHTD is now processing the permit for the proposed development at the intersection Wedington Drive and Salem Road. However, the right-of-way must be transferred to AHTD for permit to be issued. RECOMMENDATION: Staff recommends Council approval of the dedication of right-of-way to the Arkansas State Highway Commission. BUDGET IMPACT: As the original dedication to the City of Fayetteville from Forest Hills Partners LLC was without compensation, there is no perceived need for compensation from AHTD. RESOLUTION NO. A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-WAY ALONG WEDINGTON DRIVE (STATE HIGHWAY 16) CONTAINING 0.31 ACRES AND BEING PARCEL NOS. 765-13746-002 AND 765-13746-003, AND AUTHORIZING THE MAYOR TO EXECUTE DEEDS AND ALL OTHER NECESSARY PAPERS TO TRANSFER OWNERSHIP OF THE PROPERTY TO THE ARKANSAS STATE HIGHWAY COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the donation of right-of-way along Wedington Drive (State Highway 16) containing 0.31 acres and being a part of Parcel Nos. 765-13746-002 and 765-13746-003 to the Arkansas State Highway Commission. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to execute deeds and all other necessary papers to transfer ownership of the property to the Arkansas State Highway Commission. PASSED and APPROVED this 2nd day of March, 2010. APPROVED: ATTEST: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 0.NL �Ati' 1 ( ARKANSAS STATE HIGHWAY , TRANSPORTATION ,• i FOUR 4019 TOWSON AVE. • P.O. BOX 1424 • FORT SMITH, AR 72902-1424 • TELEPHONE (479) 646-5501 • FAX (479) 646-8286 WASHINGTON - CRAWFORD - FRANKLIN - SEBASTIAN - LOGAN - SCOTT - POLK January 22, 2010 Ms. Heather Robason Morrison Shipley Engineers, Inc. 2407 S.E. Cottonwood Street Bentonville, AR 72712 RE: Forest Hills Development Wedington Drive at Salem Road Highway 16, Section 2 L.M. 12.83 Washington County Fayetteville Dear Ms. Robason, The Department is processing the permit for the proposed development adjacent to Highway 16 (Wedington Drive), west of Interstate 540. As shown on the plans, some of the roadway modifications are outside of the existing right of way limits. The right of way must be transferred to the Department in order for us to issue a permit for this work. It is my understanding that the City of Fayetteville has acquired right of way from the owner. Therefore, the City may transfer the right of way to the Department. The permit cannot be processed until the appropriate documents are submitted to this office. If you have any questions regarding this matter, please contact Chad Adams, District Construction Engineer, at (479) 646-5501. Sincerely, ,,Joe Shipman District Four Engineer F J Illlllllllllllllllllllllllllll�llllllllllllllllllllllllllllllilllllll�llllllll Doc ID: 013253800003 Type: REL Kind: WARRANTY DEED Recorded: 01/14/2010 at 11:11:58 AM Fee Amt: $25.00 Paae 1 of 3 Washington Countv. AR Bette Stamps Circuit Clerk File2010_00001295 Wedington Drive Right -Of -Way Part of Parcel No. 765-13746-000 Pari of Parcel No. 765-13746-001 Part of Parcel No. 765-13747-000 Part of Parcel No. 765-13728-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT Forest Hills Partners, LLC, an Arkansas Limited Liability Company, hereinafter called GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) 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 Washington County, State of Arkansas, to -wit: Part of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section 7, Township 16 North, Range 30 West of the Fifth Principal Meridian in Washington County, Arkansas, being more particularly described as follows: Commencing at the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 7; thence North 02'08'11"East a distance of 2119.74 feet; thence North 02013'33" East a distance of 16.35 feet; thence North 16°38'17"West a distance of 523.12 feet to the POINT OF BEGINNING; thence North 89°32'00" West a distance of 49.77 feet; thence North 87005"39" West a distance of 162.67 feet to the beginning of a curve having a chord bearing of South 47058'02" West, a chord distance of 49.43 feet and a radius of 35.00 feet; thence along said curve a distance of 54.88 feet; thence South 89047'41" West a distance of 107.17 feet to the beginning of a curve having a chord bearing of North 40059'20" West, a chord distance of 48.66 feet and a radius of 35.00 feet; thence along said curve a distance of 53.80 feet; thence North 85001'27" West a distance of 83.61feet; thence North 82°14'45" West a distance of 108.13 feet; thence North 87°06'11" West a distance of 396.63 feet; thence North 04042'03" East a distance of 9.48 feet; thence South 87028'09" East a distance of 188.15 feet; thence South 60°56'06" East a distance of 18.26 feet; thence South 87°06'10" East a distance of 62.38 feet; thence South 75041'41" East a distance of 8.35 feet; thence North 79059'05" East a distance of 21.91 feet; thence South 87°01'38" East a distance of 346.14 feet; thence South 87031'11" East a distance of 215.34 feet; thence South 0235'03" West a distance of 10.39 feet; thence South 86035'29" East a distance of 25.00 feet; thence South 86035'29 East a distance of 92.78 feet to the POINT OF BEGINNING. Containing 0.31 acres or 13,719 sq.ft and subject to any easem ents recorded or unrecorded. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantor, hereby covenant that he is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands against all legal claims whatever. And we, the respective Grantor, hereby release and relinquish unto the said Grantee our respective rights of dower/curtesy and homestead in and to said lands. WITNESS the execution hereof on this _ day of______________ 2009. Jo . Alford, Ma aging Member F St Hills Partners, LLC. ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF ) BE IT REMEMBERED, that on this date, before the undersigned, a duty commissioned and acting Notary Public within and for said County and State, personally appeared John D. Alford, Managing Member of Forest Hills Partners, LLC, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he 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 1` day of 91€2J1ij2009. MY COMMISSION EXPIRES: NOTARY PUBLIC -STATE OF ARKANSAS CRAWFORD COUNTY My Commission Expires 8-15.2011 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT the City of Fayetteville, Grantor, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other good and valuable consideration, 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: Part Of The Northwest Quarter (NW 1/4) Of The Southwest Quarter (SW 1/4) Of Section 7, Township 16 North, Range 30 West Of The Fifth Principal Meridian In Washington County, Arkansas, Being More Particularly Described As Follows: Commencing At An Existing 1" Iron Pipe Marking The Southeast Corner Of The Southwest Quarter (SW '/4) Of Said Southwest Quarter (SW '/4) Of Section 7; Thence North 02°08'11" East, Along The East Line Of The West Half (W ''/2) Of Said SW '/4, A Distance Of 2119.74 Feet To An Existing ''/2" Rebar (RLS #1272); Thence North 02°13'33" East, Leaving Said East Line Of W '/2 SW '/4, A Distance Of 16.35 Feet To An Existing 5/8" Crimped Pipe; Thence North 16°3817" West A Distance Of 523.12 Feet To A Set %2" Rebar (RLS #1272) On The Existing Southerly Right -Of -Way Line Of Wedington Drive (Arkansas Highway 16, Construction Centerline Station 28+52.529/16.120m Rt.) As Established By AHTD Job #040277 For A Point Of Beginning; Thence North 89°32'00" West, Leaving Said Southerly Right -Of -Way Line, A Distance Of 49.77 Feet To A Set ''/2" Rebar (RLS #1272); Thence North 87°05'39" West A Distance Of 162.67 Feet To A Set 'A" Rebar (RLS #1272); Thence, 54.88 Feet, Along A Curve To The Left, Having A Radius Of 35.00 Feet And A Chord Bearing And Distance Of South 47°58'02" West 49.43 Feet, To A Set 1A" Rebar (RLS #1272); Thence South 89°47'41" West A Distance Of 107.17 Feet To A Set '/2" Rebar (RLS #1272); Thence, 53.80 Feet, Along A Curve To The Left, Having A Radius Of 35.00 Feet And A Chord Bearing And Distance Of North 40°59'20" West 48.66 Feet, To A Set '/2" Rebar (RLS #1272); Thence North 85°01'27" West A Distance Of 83.61 Feet To A Set '/2" Rebar (RLS #1272); Thence North 82°14'45" West A Distance Of 108.13 Feet To A Set '/2" Rebar (RLS #1272); Thence North 87°06'11" West A Distance Of 396.63 Feet To A Set ''/2" Rebar (RLS #1272); Thence North 04°42'03" East A Distance Of 9.48 Feet To An Existing '/2" Rebar (RLS #1272) On Said Existing Southerly Right - Of -Way Line Of Wedington Drive (Arkansas Highway 16, Construction Centerline Station 25+52.692/11.930 m Rt.) As Established By AHTD Job #040277; Thence, Along Said Existing Southerly Right -Of -Way Line, The Following Bearings And Distances: South 87°28'09" East A Distance Of 188.15 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 60°56'06" East A Distance Of 18.26 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°06'10" East A Distance Of 62.38 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 75°41'41" East A Distance Of 8.35 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, North 79°59'05" East A Distance Of 21.91 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°01'38" East A Distance Of 346.14 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°3I'l l" East A Distance Of 215.34 Feet To An Existing '/2" Rebar (RLS #1272), South 02°35'03" West A Distance Of 10.39 Feet To An Existing %2" Rebar (RLS #1272), South 86°35'29" East A Distance Of 117.78 Feet To The Point Of Beginning. Containing 0.31 Acres Or 13,719 Sq. Ft according to survey by Anderson Surveying Inc. on file with Arkansas Agri Department Land Survey Div. Doc # 200907150031. And Subject To Any Easements Recorded Or Unrecorded. TO HAVE AND TO HOLD the same unto the said Grantee 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 has caused these presents to be executed by its Mayor and City Clerk on this day of /1/Qii, &, , 2010. CITY OF AYETTEVILLE io eld Jordan, 3r ACKNOWLEDGMENT STATE OF LA' ) COUNTY Ub n ) BE IT REMEIVERED, that on this day before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, appeared the within named Lioneld Jordan and Sondra Smith, and being the Mayor and City Clerk/Treasurer, respectively, of the City of Fayetteville, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well 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 o2 ay of Waek, 2010. lJ) NOTARY PUBLIC MY COMMISSION EXPIRES: (Page 1 of 3) IIIIIH IIIIIIIIIHOIIUVIIII II Doc ID: 013345420003 Type: REL Kind: WARRANTY DEED Recorded: 03/1512010 at 02:47:35 PM Fee Amt: $25.00 Paae i of 3 Weshinaton County. AR Bette Stamps Circuit Clerk File2010-00006664 NTY DEED KNOW ALL of Fayetteville, Grantor, for and in consideration of the sum of ONE ($1.00) and other good and valuable consideration, cash in hand paid by the 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: Part Of The Northwest Quarter (NW 1/4) Of The Southwest Quarter (SW 1/4) Of Section 7, Township 16 North, Range 30 West Of The Fifth Principal Meridian In. Washington County, Arkansas, Being More Particularly Described As Follows: Commencing At An Existing 1" Iron Pipe Marking The Southeast Corner Of The Southwest Quarter (SW '/4) Of Said Southwest Quarter (SW '/4) Of Section 7; "Thence North 02°08'] 1" East, Along The East Line Of The West Half (W '/2) Of Said SW °/4, A Distance 02 19.74 Feet To An Existing '/2" Rebar (RLS #1272); Thence North 02°13'33" East, Leaving Said East Line Of W '/2 SW '/4, A Distance Of 16.35 Feet To An Existing 5/8" Crimped Pipe; Thence North 16°38'17" West A Distance Of 523.12 Feet To A Set ¼" Rebar (RLS #1272) On The Existing Southerly Right -Of -Way Line Of Wedington Drive (Arkansas Highway 16, Construction Centerline Station 28+52.529/16.120m Rt.) As Established By A14TD Job #040277 For A Point Of Beginning; Thence North 89°32'00" West, Leaving Said Southerly Right -Of -Way Line, A Distance Of 49.77 Feet To A Set %2" Rebar (RLS # 1272); Thence North 87°05'39" West A Distance Of 162.67 Feet To A Set %z" Rebar (RLS #1272); Thence, 54.88 Feet, Along A Curve To The Left, Having A Radius Of 35.00 Feet And A Chord Bearing And Distance Of South 47°58'02" West 49.43 Feet, To A Set ''/2" Rebar (RLS #1272); Thence South 89°47'41" West A File Number: 201000006664 Page 1 of 3 Book , Page , File Number 2010-00006664 (Page 2 of 3) Distance Of 107.17 Feet To A Set %z" Rebar S #1272); Thence, 53.80 Feet, Along A Curve To The Left, Having A Radius Of 3.5'; Fee nd A Chord Bearing And Distance Of North 40°5920" West 48.66 Feet, To A Set'Wi S #1272); Thence North 85°01'27" West A Distance Of 83.61 Feet To A S (Rebar ( x,1272); Thence North 82° 14'45" West A Distance Of 108.13 Feet To4lt j.ebar (RL #1272); Thence North 87°06'11" West A Distance Of 396.63 Feet T`H SY Set" Rebar (RLS #1272); Thence North 04°42'03" East A Distance Of 9.48 Feet To An " J2" %2" Rebar (RLS #1272) On Said Existing Southerly Right - Of -Way Line Of % jffiDfijArkansas Highway 16, Construction Centerline Station 25+52.692/11.930' t ) b t ., • • By AHTD Job #040277; Thence, Along Said Existing Southerly Right -O ay Line `e Following Bearings And Distances: South 87°28'09" East A Distance Of 188.1'et To A isting 2" Aluminum AHTD Right -of -Way Monument, South 60°56'0 `' 1' .26 Feet To An Existing 2" Aluminum AHTD Right -of -Way MonuitSith 87 llPast A Distance Of 62.38 Feet To An Existing 2" Aluminum AHT : ' fight -of- ; a, Monument, South 75°41'41" East A Distance Of 8.35 Feet To An Existi' ;£' Alumi,n AHTD Right -of -Way Monument, North 79°59'05" East A Distance Of 21.91 g. ting 2" Aluminum AHTD Right -of -Way Monument, South 87°01'38" East A Distant .14 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°31'11" East A Distance Of 215.34 Feet To An Existing `/z" Rebar (RLS #1272), South 02°35'03" West A Distance Of 10.39 Feet To An Existing %2" Rebar (RLS #1272), South 86°35'29" East A Distance Of 117.78 Feet To The Point Of Beginning. Containing 0.31 Acres Or 13,719 Sq. Ft according to survey by Anderson Surveying Inc. on file with Arkansas Agri Department Land Survey Div. Doc # 200907150031. And Subject To Any Easements Recorded Or Unrecorded. TO HAVE AND TO HOLD the same unto the said Grantee 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 has caused these presents to be executed by its Mayor and City Clerk on this day of iLG.&, , 2010. CITY OF AYETTEVILLE io eld Jordan, or C.4 -- `��tN�nlirtrp Sondra Smith, City Cleriu i reasurer ,� --.�" a FAYETTEVILLE: P ` ec File Number: 201000006664 Page 2 of 3 Book , Paae . File Number 2010-00006664 (Page 3 of 3) STATE OF4f S COUNTY 3a Y1\ o,S � BE IT REMEh1RED, that on this day before the undersigned, a Notary Public, within and for the County and 5 red duly commissioned and acting, appeared the within named Lioneld Jain and Sandra Smith, and being the Mayor and City Clerk/Treasurer, respectively, the City [ifIl eville, a Municipal Corporation, and who had been designated by s orporation to execute the above instrument, to me well known, who stated that they were tyor ^ e City Clerk/Treasurer of said city, a Municipal Corporation, and were duly author&lfn 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 of —ay of VC ,2010. NOTARY PUBLIC MY COMMISSION EXPIRES: File Number: 201000006664 'Page 3 of 3 Book Paae File Number 2010-00006664 (5/24/2010) Kimberly Johnson - Re: Resolution 38-10 Wedington Dr Right -of -Way Donation Seite 1 From: Jill Goddard To: Johnson, Kimberly Date: 5/24/2010 3:33 PM Subject: Re: Resolution 38-10 Wedington Dr Right -of -Way Donation I don't know that we will. What I sent you is record that it was recorded. AHTD is really not under any obligation to give us the original --especially since we (the City) granted property to them (AHTD). >>> Kimberly Johnson 5/24/2010 3:31 PM >>> Thank you Jill. I will wait to hear from you when we receive the original file marked document. Kim, Thanks for the reminder -- had not received anything from AHTD. Attached is a copy of the recorded document off the Wash. Co. website. Jill Goddard Land Agent/Engineering City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 ph: (479) 444-3407 fax: (479) 575-8202 e-mail: jilooddard a&i.fayetteville.ar.us TDD(Telecommunications Device for the Deaf): (479) 521-1316 The U.S. Census takes place during March and April of this year. BE COUNTED! Your community is counting on you! Kim Johnson City of Fayetteville City Clerk Division 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 KJohnsonCaci.fayetteville.ar. us TDD (Telecommunications Device for the Deaf): (479) 521-1316 >>> Kimberly Johnson 5/24/2010 1:45 PM >>> Hi Chris and Jill, I was going through the Holding File and was wondering if you received the Warranty Deed File Mark for (5/24/2010) Kimberly Johnson - Re: Resolution 38-10 Wedington_ Dr Right -of -Way Donation Seite 2 Resolution 38-10? Thanks! Kim Kim Johnson City of Fayetteville City Clerk Division 113 West Mountain Fayetteville, Al? 72701 (479) 575-8323 KJohnsonCa c/.Fayette vi/le. ar. us TDD (Telecommunications Device for the Deaf): (479) 521-1316 (3/5/2010) Kimberly Johnson Fwd: Re: Resolution 38-10 Wedington Drive Right -of -Way Donation Page From: Kimberly Johnson - - - To: Brown, Chris CC: Goddard, Jill Date: 3/5/2010 9:23 AM Subject: Fwd: Re: Resolution 38-10 Wedington Drive Right -of -Way Donation Dear Chris and Jill, I will send over the original warranty deed in interoffice mail. I'll put the Resolution in our Holding File until the document has been recorded at the courthouse and returned to the City Clerk's Office. Thanks and have a good day......... Kim Kim Johnson City of Fayetteville City Clerk Division 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 KJohnsonCa ci.fayetteville.ar. us TDD (Telecommunications Device for the Deaf): (479) 521-1316 The U.S. Census takes place during March and April of this year. BE COUNTED! Your community is counting on you! >>> City Clerk 3/4/2010 5:46 PM >>> >>> Chris Brown 3/4/2010 4:32 PM >>> Kim, I assume we need to get the original warranty deed for this, and record it at the courthouse, then send a copy to AHTD...can you send me the original on this? CB >>> City Clerk 3/4/2010 4:04 PM >>> Attached is a copy of your item passed by Council at the March 2, 2010 City Council Meeting. If you have any questions please feel free to contact our office. Have a great day! Kim City Clerk Division City of Fayetteville 113 West Mountain Fayetteville, AR 72701 (479)575-8323 city clerk@ci.fayetteville.ar.us TDD (Telecommunications Device for the Deaf): (479) 521-1316 The U.S. Census takes place during March and April of this year. BE COUNTED! Your community is counting on you! L- 3g /O i Illf III NIIII Nf IIII Nlil NIII INII IIIII IIIII IIIII IIII I IIII IINI IIIII NII IIII Kind: WARRANn DEED Doc ID: 013345420003 Type: REL Recorded: 03/15/2010 at 02:47:35 PM Fee Ant: $25.00 pace 1 of 3 Ma ehlnoton County. AR F11B25010-010006664 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT the City of Fayetteville, Grantor, for and in consideration of the sum of ONE AND NO/I 00 DOLLARS ($1.00) and other good and valuable consideration, 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: Part Of The Northwest Quarter (NW 1/4) Of The Southwest Quarter (SW 1/4) Of Section 7, Township 16 North, Range 30 West Of The Fifth Principal Meridian In Washington County, Arkansas, Being More Particularly Described As Follows: Commencing At .An Existing 1" Iron Pipe Marking The Southeast Corner Of The Southwest Quarter (SW ''/4) Of Said Southwest Quarter (SW %4) Of Section 7; Thence North 02°08'11" East, Along The East Line Of The West Half (W %2) Of Said SW '/4, A Distance Of 2119.74 Feet To An Existing ''/2' Rebar (RLS #1272); Thence North 02°13'33" East, Leaving Said East Line Of W %2 SW '/4, A Distance Of 16.35 Feet To An Existing 5/8" Crimped Pipe; Thence North 16°38'17" West A Distance Of 523.12 Feet To A Set %:" Rebar (RLS #1272) On The Existing Southerly Right -Of -Way Line Of Wedington Drive (Arkansas Highway 16, Construction Centerline Station 28+52.529/16.120m Rt.) As Established By AHTD Job #040277 For A Point Of Beginning; Thence North 89°32'00" West, Leaving Said Southerly Right -Of -Way Line, A Distance Of 49.77 Feet To A Set '/2" Rebar (RLS #1272); Thence North 87°05'39" West A Distance Of 162.67 Feet To A Set '/2" Rebar (RLS #1272); Thence, 54.88 Feet, Along A Curve To The Left, Having A Radius Of 35.00 Feet And A Chord Bearing And Distance Of South 47°58'02" West 49.43 Feet, To A Set '/2" Rebar (RLS #1272); Thence South 89°47'41" West A Distance Of 107.17 Feet To A Set %I" Rebar (RLS #1272); Thence, 53.80 Feet, Along A Curve To The Left, Having A Radius Of 35.00 Feet And A Chord Bearing And Distance Of North 40°59'20" West 48.66 Feet, To A Set /2 Rebar (RLS #1272); Thence North 85°01'27" West A Distance Of 83.61 Feet To A Set '/A" Rebar (RLS #1272); Thence North 82°14'45" West A Distance Of 108.13 Feet To A Set /2" Rebar (RLS #1272); Thence North 87°06'1 l" West A Distance Of 396.63 Feet To A Set 'A" Rebar (RLS #1272); Thence North 04°42'03" East A Distance Of 9.48 Feet To An Existing /2 Rebar (RLS #1272) On Said Existing Southerly Right - Of -Way Line Of Wedington Drive (Arkansas Highway 16, Construction Centerline Station 25+52.692/11.930 m Rt.) As Established By AHTD Job #040277; Thence, Along Said Existing Southerly Right -Of -Way Line, The Following Bearings And Distances: South 87°28'09" East A Distance Of 188.15 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 60°56'06" East A Distance Of 18.26 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°06'10" East A Distance Of 62.38 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 75°41'41" East A Distance Of 8.35 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, North 79°59'05" East A Distance Of 21.91 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°01'38" East A Distance Of 346.14 Feet To An Existing 2" Aluminum AHTD Right -of -Way Monument, South 87°31'1 I" East A Distance Of 215.34 Feet To An Existing ''/z" Rebar (RLS #1272), South 02°35'03" West A Distance Of 10.39 Feet To An Existing %:" Rebar (RLS #1272), South 86°35'29" East A Distance Of 117.78 Feet To The Point Of Beginning. Containing 0.31 Acres Or 13,719 Sq. Ft according to survey by Anderson Surveying Inc. on file with Arkansas Agri Department Land Survey Div. Doc #200907150031. And Subject To Any Easements Recorded Or Unrecorded. TO HAVE AND TO HOLD the same unto the said Grantee 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 has caused these presents to be executed by its Mayor and City Clerk on this ,day of / /lc2uic& , 2010. CITY OF AYEETTEVILLE ion eld Jordan, Ill, or Smith, City ClerWtreasurer 4s t `�'LF : FAYETTEVILLE ACKNOWLEDGMENT STATE OF LAY 4-kAJ aS )' COUNTY BE IT REMEIERED, that on this day before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, appeared the within named Lioneld Jordan and Sondra Smith, and being the Mayor and City Clerk/Treasurer, respectively, of the City of Fayetteville, a Municipal Corporation, and who had been designated by said corporation to execute the above instrument, to me well 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 o2�ay of t Qnk ,2010. MY COMMISSION EXPIRES: �2- l -0101 Le ..� �pTARy- es Pao