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
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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
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-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
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( 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
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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.