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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.