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Home My WebLink About151-11 RESOLUTIONRESOLUTION NO. 151-11 A RESOLUTION AUTHORIZING DONATION OF RIGHT OF WAY ALONG DEANE STREET CONTAINING A TOTAL OF 0.04 ACRES AND BEING A PART OF PARCEL NO. 765-05204-001 TO THE ARKANSAS STATE HIGHWAY COMMISSION AS PART OF THEIR GARLAND AVENUE IMPROVEMENT PROJECT 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 Deane Street containing a total of 0.04 acres and being a part of Parcel No. 765-05204-001 to the Arkansas State Highway Commission as part of their Garland Avenue Improvement Project. Section 2: That the Mayor is authorized to execute all deeds and agreements necessary to effectuate the donation. PASSED and APPROVED this 6th day of September, 2011. APPROVED: B ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Chris Brown° Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements".. 9/6/2011 City Council Meeting Date Agenda Items Only Engineering Division Action Required: Development Services Department A resolution authorizing the donation of right-of-way along Deane Street in conjunction with the Garland Avenue (North Street to Melmar) project, containing a total of 0.04 acres and being all of Parcel No. 765-05204-001, and to authorize the Mayor to execute deeds and any other necessary papers to effect a transfer of ownership of this property and easement rights to the Arkansas State Highway Commission. $0 Cost of this request 4470.9470.5314.00 Account Number 06035.2250 Project Number Budgeted Item 160, 000.00 Category / Project Budget Transportation Bond Improvements Program Category / Project Name 32,051.72 Street Improvements Funds Used to Date Program / Project Category Name 127,948.28 Sales Tax Construction Remaining Balance Fund Name Budget Adjustment Attached Finance and Internal Services Director xi9-zo1 r Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inOty.l 3_ j 1 P03:32 RCVD Clerk's Office Comments: Revised January 15, 2009 a�F�llve eville THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO Council Meeting of September 6, 2011 To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Chris Brown, City Engineer From: Holly Jones, Land Agent ,L4") Date: August 18, 2011 Subject: A resolution authorizing the donation of right-of-way along Deane Street, containing a total of 0.04 acres and being all of Parcel No. 765-05204-001, and to authorize the Mayor to execute deeds and any other necessary papers to effect a transfer of ownership of this property and easement rights to the Arkansas State Highway Commission. PROPOSAL: In conjunction with the Garland Avenue (North Street to Melmar) widening project, AHTD is requesting the donation of right-of-way from one City -owned property. AHTD is requesting 0.04 acres of right-of-way along the south side of Deane Street known as Parcel No. 765-05204-001 (Tract 35). The city acquired this property in 1997 to widen the intersection of Deane and Garland and add the turn lane. AHTD is requesting that the right-of-way be conveyed to them by deed (copy attached). RECOMMENDATION: Staff recommends Council approval of the donation of right-of-way to the Arkansas State Highway Commission. BUDGET IMPACT: AHTD is requesting all of this as a donation (no compensation). RESOLUTION NO. A RESOLUTION AUTHORIZING DONATION OF RIGHT OF WAY ALONG DEANE STREET CONTAINING A TOTAL OF 0.04 ACRES AND BEING A PART OF PARCEL NO. 765-05204-001 TO THE ARKANSAS STATE HIGHWAY COMMISSION AS PART OF THEIR GARLAND AVENUE IMPROVEMENT PROJECT 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 Deane Street containing a total of 0.04 acres and being a part of Parcel No. 765-05204-001 to the Arkansas State Highway Commission as part of their Garland Avenue Improvement Project. Section 2: That the Mayor is authorized to execute all deeds and agreements necessary to effectuate the donation. PASSED and APPROVED this 6th day of September, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ' Real Estate Parcel Information Page 1 of 1 Record 3 of 8 Last Updated 08/08/11 Parcel Number: 765-05204-001 Prev. Parcel Number: 765-05204-000 Type: EX Location: Owner Name: CITY OF FAYETTEVILLE Mailing Address: 113 W MOUNTAIN ST FAYETTEVILLE AR 72701-6083 Lot: Block: S -T -R: 05-16-30 Addition: EVERETT ADD School District: FAYETTEVILLE SCH, FAY Tax District: 011 City: FAYETTEVILLE Legal: RIGHT OF WAY Current Year A79 Credit Status: Last Appraised: 2004 Appraised Value Taxable Value Land 0 0 Improvement 0 0 Total 0 0 Tax History Ad Imp. Net Total Taxable Timber Voluntary A79 A79 Payment Year Valorem Dist. Total Tax Value Tax Tax Tax Tax Credit Status Tax Paid Status 2010 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2009 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2008 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2007 0 $0.00 $0:00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2006 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2005 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2004 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2003 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2002 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID 2001 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PAID Deed History Date Deed Granteel Grantee2 Deed Sale Revenue Ref. Type Amount Amount OF 5/31/1997 33055 FAYET,TEVILLE WD 0 0.00 KAC 97-33055 WD NO REV FILED 5-23-97 FROM #000, KINTER Next Item I Previous Item I Ledger Card I Prev. Ledger Card I Plat I GIS Parcel Map I Return to Search Results Modify Search I New Search http://www.co.washington.ar.us/PropertySearch/RParcellnfo.asp?HN=3 &LU=080811 &PH... 8/9/2011 A part of the East Half (E%2) of the Southeast Quarter (SEA) of the Southeast Quarter (SEA) of Section Five (5), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Commencing at the Southeast corner of said Section 5; thence West 30 43 feet; thence North 00" 03' 00" East 298 79 feet to the Point of Beginning, thence North 00' 03' 00" East 12 00 feet, thence North 89" 41' 31" West 210 05 feet, thence South 00' 03' 00' West 8 00 feet, thence South 89" 41' 31" East 100.00 feet, thence South 87 36' 38" East 110.14 feet to the Point of Beginning, said parcel being located on the North side of Lots One (1) and Two (2) and the North side of the East Half of Lot Three (3) in Everett's Addition in the City of Fayetteville, Arkansas, as per plat of said Addition on file in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, said 'parcel containing 1,900 square feet, more or less The bearings for this description are based on the City of Fayetteville Global Positioning Satellite System, which may vary from the bearing system previously used In describing the subject property. ' a.. Deane Street Right of Way Parcel No. 755.05204-000 WARRANTY DEED An Unmarried Person BE IT KNOWN BY THESE PRESENTS: THAT 1, Kathleen E Kinzer, an unmarried person, hereinafter called GRANTOR, for and in conslderatlon of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the City of Fayetteville. Arkansas, a municipal corporation, hereinafter called GRANTEE, and unto Grantee's successors and assigns, the following described land situated in the County of Washington, State of Arkansas, to -wit: 0210038 and U31I A part of the East Half (E%2) of the Southeast Quarter (SEA) of the Southeast Quarter (SEA) of Section Five (5), Township Sixteen (16) North, Range Thirty (30) West, more particularly described as follows: Commencing at the Southeast corner of said Section 5; thence West 30.43 feet; thence North 00° 03' 00" East 298.79 feet to the Point of Beginning; thence North 00° 03' 00' East 12.00 feet; thence North 89° 41' 31" West 210.05 feet; thence South 00° 03' 00" West 8.00 feet; thence South 89 41' 31" East 100.00 feet; thence South 87 36' 38" East 110.14 feet to the Point of Beginning, said parcel being located on the North side of Lots One (1) and Two (2) and the North side of the East Half of Lot Three (3) In Everett's Addition In the City of Fayetteville, Arkansas, as per plat of said Addition on file In the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, said parcel containing 1,900 square feet, more or less. The bearings for this description are based on the City of Fayetteville Global Positioning Satellite System, which may vary from the bearing system previously used In describing the subject property. 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 covenants that it 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. WITNESS the execution hereof on this A/ day ofiJ)4Z-/- . 1997. a: � e athleen E. Kinzer ACKNOWLEDGMENT STATE OF ARKANSAS ) ss. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Kathleen E. Klnter, surviving spouse of George Kinter, and formerly Kathleen E. McKinstry, to me well known as the person who executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said Instrument for the conslderatlon, uses and purposes therein mentioned and set forth. /�/jQq,,"" WITNESS my hand and seal on this o`' day of /' n 1997. MY COM ISSION EXPIRES: fi Notary Public T1-- 33 os -Ls---- -the E317:4:10-},soc.5pT-16,41111-30-11,dos TT At n Tx 1910 fr,,.11: 7ort1) nf tho Southeast e0S4- PO 11--!-T1 .fltr :rtItticlacto Uoct 660 fo VAtt,!.nutb 136' footIthoril (TO' to Min raftt!" of bmginning. 001atn- 'Ai nerno nero Ev tit A d 185 I 75' 1.7.9 11 731.3' (7 ROAD Tr -v--• -71- - • ----rf-- T e , 8 - 6 5 ...,.7.51 A. .601 . 1 vt 14. • flTs (70111191 774,SE* Sc•c.5,T.-16411T1-30-41 (3/5/2012) Kimberly Johnson - Re: AHTD Documents Seite 1 From: Jill Goddard To: Atha, Allison CC: Johnson, Kimberly Date: 3/2/2012 3:54 PM Subject: Re: AHTD Documents Attachments: 0542_001. pdf; 0543_001. pdf; 0546_001. pdf Allison, Attached are recorded copies of the three deeds. We will not get the originals back as they are AHTD's (their ROW, their documents, they did the recording). I do not have anything more on these as my office did not prepare or present to the Mayor. You might check with David Jurgens on Res. 153-11 as AHTD may have gone thru him to present paperwork to the Mayor. Thanks, Jill Goddard Land Agent/Engineering City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 ph: (479) 444-3407 fax: (479) 575-8202 e-mail: jilgoddard@ ci.fayetteville.ar.us TDD(Telecommunications Device for the Deaf): (479) 521-1316 »> Allison Atha 3/2/2012 3:28 PM »> Jill, The City Clerk and I are on the hunt for some missing documents that should have been returned from the Arkansas Highway and Transportation Department. We're hoping you might know something about them. The documents we're searching for are: Resolution 151-11: -j( - The original file marked warranty deed for Job 040489, Track 35 Resolution 153-11: - The original file marked warranty deed for Job 040518, Track 1, 41 - Contract to Sell for Job 040518, Track 25 - Contract to Sell for Job 040518, Track 43 - The original file marked warranty deed for Job 040518, Track 25, 43 - And the Closing Statement for Job 040518, Track 25 E1 -E3 and 43 Hope that makes more sense to you than it does me. Please let me know if you have any questions. Thank you! Allison Allison Atha (Page 1 of 3) WARRANTY DEED DONATION KNOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, Arkansas, Grantor, by its and authorized at a meeting o'f"the ,City Council of the City on the 64 day of s. , 2011, at which mee consideration of the mutual benefits inuring to the Grant Grantee, and to the public, the unders remuneration or monetary consider unto its successors and assigns, in the County of Washington, S ed for an to onate n the to • a qu n the a1f •id 1 Inn 11 115111 Doc 1R: 014217220003 Type: REL Kind: WARRANTY DEER Recorded$25.00:1 00/ 3 2011 ato11:01:31 AM Fee Washington County. AR F�102011-00026588 tevilleh was r ansas nsa ate s and beret of Arkansas, to -wt Job No. 040489 Tract No. 35 Id Jordan, duly certified by h was duly called and held rent and acting for and in ;1rate Highway Commission, rantor does hereby agree, without any Highway Commission, Grantee, and r set forth, the following lands situated Part of Lots I and 3 of Everetddition to t City of Fayetteville, Township 16 North, Range 30 West, Washington County, Arkansas, m. particularh escribed as follows: e Commencing at a 3 '/ inch Alumin - nument being used as the Section Corner for Section's 4, 5, 8 and 9; thence North 86° 58' 33" West e South line of the Southeast Quarter of the Southeast Quarter of Section 5 a distance of 30.00 feet to a point on the Westerly right of way line of State Highway 112 as established by AHTD Job 9248; thence North 02° 43' 10" East along said right of way line a distance of 298.02 feet to the POINT OF BEGINNING; thence North 85° 11' 08" West a distance of 111.88 feet to a point; thence North 87° 14' 05" West a distance of 100.00 feet to a point; thence North 02° 28' 51" East a distance of 8.00 feet to a point on the Southerly right of way line of Deane Street as established by the Plat of Everett Addition to the City of Fayetteville as recorded in Plat Book 1, Page 185; thence South 87° 14' 05" East along said right of way line a distance of 211.83 feet to a point on the Westerly right of way line of State Highway 112 as ec t:ly under penalty of false sc ^:.'r:::,s, that at least the legally c;trre t. Print;unt of documentary s hsvr bc:::o • 1need o»this instrumen sasState 9i'i.i ,:r•.rrr 'Transportation Dept. r: wav Comrnission 2'.O.1tok,226i,,G.ttic Rx; slrk�ursas72203 � ) tln 1� iiii k:;r.E�... ►,rkan,gs 72203 File Number: 201100026588 Page 1 of 3 `This instrument was prepared' by 5. f m&r a Title :attorney File Number: 2011-00026588 Seq: 1 (Page 2 of 3) established by AHTD Job 9248; thence South 02° 43' 10" West along said right of way line a distance of 12.00 feet to the point of beginning and containing 0.04 acres or 1,918 square feet more or less as shown on plans prepared by the AHTD referenced as Job 040489. DCM 11/8/10 TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever. And the Grantor hereby covenants with Grantee that Grantor will forever warrant and defend the title to said lands against all lawful claims, whatsoever. In Accordance with Public Law 91-646 as Amended by Publ'e Lia \100-17, Title III, Section 301, et seq. of the Uniform Relocation Assistance and Real Property entitled to receive an appraisal to establish the value of the lands such donation. Grantor does hereby waive receipt of said hereby waive all of its right to any compensation or mone described herein. Grantor further, by executing t 's . onatio their right to an appraisal, comp release and relinquish all clai , causes of act' Commission arising out of or in c nnection wit is donation. IN WITNESS WHERE ', , the City of yetteville, Arkansas has caused these presents to be executed by its Mayor on this Com• Ploy of A isi, praisal ion for onated emune Policies Act, the Grantor is well as just compensation for the lands donated and does property donated by it and does hereby release and relinquish all of h donation; and Grantor does hereby tion of the Arkansas State Highway onside' y obli File Number: 201100026588 Page 2 of 3 , 2011. CITY FAYE VILLE, ARKANSAS ; ioneld Jorda yor File Number: 2011-00026588 Sea: 2 (Page 3 of 3) ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF WASHINGTON) 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 withi named Lioneld Jordan, he being the Mayor of the City of Fayetteville, Arkansas, and who had been designat d1 said Municipal Corporation to execute the above instrument, to me personally well known, who stated tl was the Mayor of said city, a Municipal Corporation, and was duly authorized in his respective capaecute the foregoing instrument for and in the name and on the behalf of said Municipal Corporation an furl stated and acknowledged that he had so signed, executed and delivered said foregoing instrumen •i t`sideration, uses and purposes therein mentioned and set forth, IN TESTIMONY WHEREOF, I have hereunt ;x;(,2011. My Commission Expires: ,,21 eal on this 04'1 day of File Number: 201100026588 Page 3, of 3 rb'. `;(n „oil, 111410. , Notary Public :;'::- .•• • ,..- i A Li:_, 1,......4.. 44-4'8, � aOTARy 11 c • • , qt.. • 7: . . - : Ci Pil V.: 19;3 :1;6 it lc .r:*:..4 File Number: 2011-00026588 sea: 3