HomeMy WebLinkAbout153-11 RESOLUTIONRESOLUTION NO. 153-11
A RESOLUTION AUTHORIZING THE SALE AND DONATION OF RIGHT
OF WAY AND FOUR (4) TEMPORARY CONSTRUCTION EASEMENTS TO
THE ARKANSAS STATE HIGHWAY COMMISSION TO FACILITATE
WIDENING OF STATE HIGHWAY 265 (CROSSOVER ROAD) BETWEEN
JOYCE BOULEVARD AND THE NORTHERN CITY LIMITS
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 and donation of right of way and four (4) temporary construction easements to the
Arkansas State Highway Commission to facilitate widening of State Highway 265 (Crossover
Road) between Joyce Boulevard and the northern city limits.
Section 2: That the Mayor is authorized to execute all deeds and agreements necessary to
effectuate the transfer.
PASSED and APPROVED this 6th day of September, 2011.
APPROVED:
B
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
David Jurgens
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
Utilities
Division
Action Required:
Utilities
Department
Resolution approving the sale and donation of City property, and granting four temporary construction easements to
the Arkansas Highway and Transportation Department (AHTD) for the north section of the Highway 265 widening
project between Joyce Boulevard and the northern City limits.
(31,700.00)
Cost of this request
5400-0940-6881-02
Account Number
Project Number
Budgeted Item
N/A
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Depart
Sale of Assets
Program Category / Project Name
Water/Sewer
Program / Project Category Name
Water and Sewer
Fund Name
g t1 Previous Ordinance or Resolution #
Date U
Original Contract Date:
8-11-1( Original Contract Number:
i�,• or ey
Fi an a and Interna
Date
ervices Director
O8 -1? -11P03:39 RCVD
Received in City
Clerk's Office
Comments:
Revised January 15, 2009
ttevll1e
CITY COUNCIL AGENDA MEMO
MEETING DATE OF SEPTEMBER 6, 2011
THE CITY OF FAYETTEVILLE, ARKANSAS
ARKANSAS
www.accessfayetteville.org
To: Fayetteville City Council
Thru: Mayor Lioneld Jordan
Don Marr, Chief of Staff
From: David Jurgens, Utilities Director v
Water/Sewer Committee
Date: August 19, 2011
Subject: Crossover Road- Northern Section- AHTD Right of Way Acquisition
RECOMMENDATION
City Administration recommends approving the sale and donation of City property, and granting four temporary
construction easements to the Arkansas Highway and Transportation Department (AHTD) for the north section of
the Highway 265 widening project between Joyce Boulevard and the northern City limits.
BACKGROUND
AHTD is widening Crossover Road (Hwy 265) between Joyce Boulevard and the northern City limits. They need to
acquire land owned by the City for right of way. Some of this land was purchased by the Water Department in the
1940's as part of Lake Fayetteville; the rest was dedicated to the City as right of way as a result of developments.
DISCUSSION
The AHTD requires 3.67 acres on four tracts of land, plus four temporary construction easements (these valued at
$400). Staff presented this information separately to both the Street and Water/Sewer/Solid Waste Committees in
August. Both committees provided the following guidance:
D Tracts 25 and 43, property the City purchased, we wish to be paid for the ROW.
D Tracts 1 and 41, property received through dedication as part of a development, we wish to donate the ROW
to the AHTD without payment.
Reimbursement/Sale
Tract
Acres
Value
25
0.79
$ 7,950
43
0.91
$ 23,750
Total
1.7
$ 31,700
Donation
Tract
Acres
Value
1
0.03
$ 270
41
1.94
$ 5,100
Total
1.97
$ 5,370
Years ago, tract 25 land was included in a park land dedication which required it be preserved in perpetuity for
public recreational use. Per conversations with Arkansas Parks and Tourism and AHTD representatives either the
AHTD or the City must dedicate and preserve an equal value of land for similar purposes through a formal process
approved by Arkansas Parks and Tourism. This dedication may take place within three years of the date of the sale.
The Water/Sewer/Solid Waste Committee requested the revenues from this sale be used to support similar uses or a
water quality project appropriately funded by the Water/Sewer fund. Staff intent is to fund the survey and any other
external expenses required for the equivalent park land dedication to be the first use of these funds.
BUDGET IMPACT
As the land was purchased by the Water/Sewer fund, revenues received from this sale must be entered into the
Water/Sewer fund. This will reflect a $31,700 in Water/Sewer revenue.
AHTD Hwy 265 North ROW CCMemo Aug11
RESOLUTION NO.
A RESOLUTION AUTHORIZING SALE AND DONATION OF RIGHT OF
WAY AND FOUR (4) TEMPORARY CONSTRUCTION EASEMENTS TO
THE ARKANSAS STATE HIGHWAY COMMISSION TO FACILITATE
WIDENING OF STATE HIGHWAY 265 (CROSSOVER ROAD) BETWEEN
JOYCE BOULEVARD AND THE NORTHERN CITY LIMITS
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 and donation of right of way and four (4) temporary construction easements to the
Arkansas State Highway Commission to facilitate widening of State Highway 265 (Crossover
Road) between Joyce Boulevard and the northern city limits.
Section 2: That the Mayor is authorized to execute all deeds and agreements necessary to
effectuate the transfer.
PASSED and APPROVED this 6th day of September, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
TO:
FROM:
DATE:
SUBJECT;
SUPPLEMENT TO APPRAISAL
Sherry Pratt, Acquisition Section Head
Right of Way Division
Scott Wroten, Reviewing Appraiser
Right of Way Division
August 18, 2011
040518
E. Joyce Blvd. City limits
Washington County
Tract 41 and 43
Supplement
A map change was received on 8-16-11 that divided Tract 41 into two tracts,
Tract 41 and 43. Both tracts are owned by the city of Fayetteville. Following is a
breakdown of the the estimated compensation for Tract 41 and 43:
Tract 41 1.94±ac @ $ 2,600/ac = $ 5,050.00
Tract 41 TCE 0.01±ac @ Rental Value = $50.00
Total = $5,100.00
Tract 43 0.91±ac @ $26,000/ac = $23,650.00
Tract 43 TCE 0.02±ac @ Rental Value = $100.00
Total = $23,750.00
T„&„
Concur
'P/IS12o4
Date
(Page 1 of 4)
s itt
\i iii'i i 14 u � � t1i
tsts A8'3g40�io
Type. Mt.Oi DEEDneco12:01.:02 Pit
Doo rdest: X201 1 ofi
dee Amy. �,pU31tY • Alilark
Bette2
11kt8h� Stamps
rc OossogB,
01
WARRANTY DEED I
DONATION
KNOW ALL MEN BY THESE PRESENTS:
That the City of Fayetteville, Arkansas, Grantor, by its M o
Sondra Smith, duly certified and authorized at a meeting
which was duly called and held on the 6th day of Septe
and acting for and in consideration of the mutual bene
Highway Commission, Grantee, and k the ptibi`
hereby agree, without any remuner
Commission, Grantee, and unto
the following lands situated in t - ounty of Washingt
Job No. 040518
Tract Nos. 1, 41
Jordan, and its City Clerk,
1 of the City of Fayetteville
t which .' eting a quorum was present
the Grp: i or and the Arkansas State
for and on behalf of said Grantor does
donate to the Arkansas State Highway
s and conditions hereinafter set forth,
ate of Arkansas, to -wit:
success ! rs and
Tract No. 1
Part of the Fractional Southwest
West, Washington County, .Arkans
er of the E. west Quarter of Section 19, Township 17 North, Range 29
orc p c. larly described as follows:
Commencing at a one inch pipe being l d' the Center West Sixteenth corner of Section 19; thence North 87°
14' 30" West along the South line of the Fractional Southwest Quarter of the Northwest Quarter of Section 19 a
distance of 95.56 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as established
by AHTD Job 4704; thence North 01° 17' 08" East along said right of way line a distance of 227.28 feet to a
point on the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 040518 to
the POINT OF BEGINNING; thence North 02° 09' 16" West along said right of way line a distance of 175.32
feet to a point; thence North 13° 10' 04" East along said right of way line a distance of 51.09 feet to a point on
the Westerly right of way line of Arkansas State Highway 265 as established by AHTD Job 4704; thence South
r° ,''_ •_... r ?^.p.1 .cffalse
:.e. - ti .^ legally
_t'.:;Yr.tfla y stamps
• ;; :::s; tih vay(on:mrssiog
);. '.^ Box 2261,
1,411;10 Rock. Arkftnsas 72204
File Number: 201100035098 Page 1 of 4
This instrurtrut -u. s preparedf�r�
Arra,rusas State Dept.
T.O.Bv,V2t;1,Little .fkvtt_d.di nst)s7403
File Number: 2011-00035098 Seq: 1
(Page 2 of 4)
01° 17' 08" West along said right of way line a distance of 225.00 feet to the point of beginning and containing
0.03 acres or 1,183 square feet more or less as shown on plans prepared by the AHTD referenced as Job 040518.
JGW REV. RS 5-27-11
And Also,
Tract No.41
Part of the Fractional Northwest Quarter of the Northwest Quarter of Section 19, and part of the Fractional West
Half of the Southwest Quarter of Section 18, all in Township 17 North, Range 29 West, Washington County,
Arkansas, more particularly described as follows:
BEGINNING at a half inch rebar being used as the Northwest Sixteenth o - •f Section 19; thence North 88°
12' 42" West along the South line of the Fractional Northwest Quarter hwest Quarter of Section 19 a
distance of 15.53 feet to a point on the Easterly right of way line of + k • S a Highway 265 as established
by AHTD Job 4704; thence North 01° 17' 08" East along said right of wa i ;: distance of 249.32 feet to a
point; thence North 02° 40' 42" East along said right of way 1' a d" tante 5 8.03 feet to a point; thence
North 02° 41' 06" East along said right of way line a distance o 5. ' +et to a . t; thence North 00 54' 00"
East along said right of way line a distance of 152.23 feet t Dint; ecce Nort a t 2° 54' 53" East along said
right of way line a distance of 1,163.55 feet to a point; thenc ' 54" E. along said right of way line
a distance of 937.94 feet to a point; thence in a Northwesterl e tion ng sat . ri.:ht of way line on a curve to
the left having a radius of 1,185.92 feet . distance o 39 . ` fe tss n a chore bearing of North 06° 49' 42"
West a distance of 391.87 feet to a point • the No me . e a nal Northwest Quarter of the Southwest
Quarter of Section 18; thence South ` 0' 5" Ea t along s i No h ine a distance of 41.38 feet to a point on
the Easterly right of way line of r sas S ate I + way 5 as a to 'shed by AHTD Job 040518; thence
South 15° 20' 09" East along saic r"ght of way line stan of 13 feet to a point on the East line of the
Fractional West half of the South Fst Quarter of Sectiltir l ;. tence S uth 02° 40' 21" West along said East line
a distance of 1,195.36 feet to a p i t; thence Sou t 2° 2248" West along said East line a distance of 1,224.76
feet to a point; thence South 02° 38" West a d s ce of 96.30 feet to a point; thence South 03° 37' 09" West
a distance of 475.95 feet to a poi the North right of way line of Heartstone Drive as established by the
Plat of Stonewood Subdivision to City of Fa a teville recorded in Plat Book 17, Page 73; thence South 87°
10' 24" East along said right of waif� e a d• t ce of 6.68 feet to a point on the East line of the Fractional
Northwest Quarter of the Northwest Qfi ection 19; thence South 02° 51' 46" West along said East line a
distance of 80.00 feet to a point on the Southerly right of way line of Hearthstone Drive as established by the
Plat of Stonewood Subdivision to the City of Fayetteville recorded in Plat Book 17, Page 73; thence North 87°
10' 24" West along said right of way line a distance of 7.74 feet to a point on the West line of Lot 1 of
Stonewood Subdivision to the City of Fayetteville; thence South 03° 37' 09" West along said West line a
distance of 321.48 feet to a point; thence continue South 03° 37' 09" West a distance of 96.80 feet to a point;
thence North 45° 00' 44" West a distance of 5.95 feet to a point; thence South 03° 12' 59" East a distance of
65.28 feet to a point; thence South 00° 30' 51" West a distance of 262.57 feet to the point of beginning and
containing 1.94 acres or 84,420 feet more or less as shown on plans prepared by the AHTD referenced as Job
040518.
JT Rev. JT Rev. JT 8-18-11
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission, Grantee, and
unto its successors and assigns forever.
File Number: 201100035098 Page 2 of 4
File Number: 2011-00035098 Sea: 2
(Page 3 of 4)
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 Public Law 100-17, Title III, Section 301,
et seq. of the Uniform Relocation Assistance and Real Property Acquisition Policies Act, the Grantor is
entitled to receive an appraisal to establish the value of the lands donated by it as well as just compensation for
such donation. Grantor does hereby waive receipt of said authorized appraof the lands donated and does
hereby waive all of its right to any compensation or monetary remuneration the property donated by it and
described herein.
Grantor further, by executing this Donation Warranty Deed, does release and relinquish all of
their right to an appraisal, compensation or other considerat, and Grantor does hereby
release and relinquish all claims, causes of action or y `obligati' of the rkansas State Highway
Commission arising out of or in connection with this d ation.
IN WITNESS WHEREOF, the of Fa evti k� as caused these presents to be executed
.�
by its Mayor and City Clerk on this
AYETTEVILLE, ARKANSAS
Sondra Smith, City Clerk
File Number: 201100035098 Page 3 of 4
•
•
FAYETTEV1t.LE
y;L'.949.1(A git Jam';`
File Number: 2011-00035098 Sea: 3
(page 4 of 4)
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 within named Lioneld Jordan and
Sondra Smith, and being the Mayor and City Clerk, respectively, of the City of Fayetteville, Arkansas, and who
had been designated by said Municipal Corporation to execute the above instrument, to me personally well
known, who stated that they were the Mayor and the City Clerk of said city, nicipal Corporation, and were
duly authorized in their respective capacities to execute the foregoing instru en for and in the name and on the
behalf of said Municipal Corporation, and further stated and acknowl ed t., they had so signed, executed
and delivered said foregoing instrument for the consideration, uses pu • 'es therein mentioned and set
forth.
IN TESTIMONY WHEREOF, I have hereunto s
Liritbfivtki/ , 2011.
My Commission Expires:
eal on this 1/-41 day of
, Notary Public
File Number: 201100035098 Page 4 of 4
File Number: 2011-00035098 Sea: 4
JOB NAME: Joyce Blvd. — City Limits (Fayetteville)
JOB 040518
TRACT 43
FAP STP -9142 (27)
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: 113 West Mountain Drive, 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 telins 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 Southwest Quarter of the Northwest Quarter of Section 18, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a half inch rebar being used as the West Sixteenth corner of Section 18; thence North 87° 10'
45" West along the South line of the Fractional Southwest Quarter of the Northwest Quarter of Section 18 a
distance of 41.95 feet to a point on the Easterly right of way line of Arkansas State Highway 265 as established
by AHTD Job 040518 to the POINT OF BEGINNING; thence continue North 87° 10' 45" West along said
South line a distance of 41.38 feet to a point on the Easterly right of way line of Arkansas State Highway 265 as
established by AHTD Job 4704; thence in a Northwesterly direction along said right of way line on a curve to
the left having a radius of 1,185.92 feet a distance of 62.76 feet having a chord bearing of North 17° 51' 14"
West a distance of 62.75 feet to a point; thence North 19° 22' 12" West along said right of way line a distance
of 835.76 feet to a point; thence in a Northwesterly direction along said right of way line on a curve to the right
having a radius of 778.51 feet a distance of 262.42 feet having a chord bearing of North 09° 42' 48" West a
distance of 261.18 feet to a point; thence South 86° 19' 26" East a distance of 21.21 feet to a point on the
Easterly right of way line of Arkansas State Highway 265 as established by AHTD Job 040518; thence South
05° 12' 05" East along said right of way line a distance of 65.03 feet to a point; thence South 13° 51' 33" East
along said right of way line a distance of 189.85 feet to a point; thence South 20° 28' 29" East along said right of
way line a distance of 500.10 feet to a point; thence South 19° 04' 08" East along said right of way line a
distance of 411.27 feet to the point of beginning and containing 0.91 acres or 39,737 square feet more or less as
shown on plans prepared by the AHTD referenced as Job 040518.
JT
8-18-11
❑ Uncontrolled Access — Paid by ASHC — Cit)./County
Uncontrolled Access
❑ Partially Controlled Access — Access break from Station
❑ Fully Controlled Access
to Station
PREAUDITED AND ACCEPTED: Property Manager to Negotiator
By Date
PAYMENT DUE $23,650.00
(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 herby authorized and directed to make payment of
the purchase funds for the conveyance to (, Q -wA . UES OJ
Dated this a, day of A , 20 / 1
Signatur
Signature
STATE OF
COUNTY
Signature
Signature
ACKNOWLEDGMENT
) SS
BE IT REMEMBERED, that on this day came befo e the under igned, a Votary Public, acting within
and for the aforesaid County, on this day personally appeared mei ((I(a eta!) J T �'k t Snit ak.
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that
executed the same for consideration and purposes therein mentioned and set forth.
9d�cY,20tp .
me°ei:
4 O0 ®cors �` jZ e *So"
®i
�o1AR �• m ��
®gym •-,��
WITNESS my hand and seal as such Notary Public,
%' 3s'66� a®
02.-I02x
MY COMMISSION EXPIRES:
OW lN-'lh-lU-iK-130 1.x...7 S
NOTARY PUBLIC
Form W'9
(Rev. October 2007)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
Nameas shown on your income tax return))
it„ F...L.1-1-1-..e_vi ue_
Business na if different from above
Check appropriate box: • Individual/Sole proprietor 1I Corporation 1 Partnership
1 Limited liability company. Enter thg tax classification (D=disregarded entity, C=corporation, P=partnership) /1.•
Other (see instructions) ► �QV '4 / i ..inc
Exempt
Exem
Address (number, street, and apt. or suite no.)
113 L C ur taro
Requester's name and address (optional)
City, state, and ZIP code
Fa-ycteviIle t tai, --10--)0 I
List account number(s) here (optional)
Part 1
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security number (SSN). However, for a resident
alien, sole proprietor, or disregarded entity, see the Part I 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.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Crina Certification
Social security number
or
Employer identification number
rl 1 ; ( 0 e0-11.0
Under penalties of perjury, 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 dividends, 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 dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. See the instructions on page 4.
Sign
Here
Signature of
U.S. person ►
Date ► V g r Q i —' 1
General Instruction
Section references are to the In a nal 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 issued),
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. 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. person. 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 the laws of the United
States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations 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 avoid withholding on your share of partnership
income.
The person who 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 disregarded entity and not the entity,
Cat. No. 10231X Form W-9 (Rev. 10-2007)
ARKANSAS STATE HIGHWAY
AND
TRANSPORTATION DEPARTMENT
Dan Flowers
Director
Telephone (501) 569-2000
City of Fayetteville
113 West Mountain Drive
Fayetteville, AR 72701
Dear Property Owner(s):
P.O. Box 2261
Little Rock, Arkansas 72203-2261
Telefax (501) 569-2400
Re: Job 040518
STP -9142 (27)
E. Joyce Blvd. — City Limits
(Fayetteville)
Washington County
Tract 25, 25E1-3
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 $7,950.00 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: $7,650.00 as just
compensation for the realty to be acquired, $300.00 for three (3) temporary construction
easements, 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
PMJ:dac
ORIGINAL
JOB: 040518
TRACT: 25E-1
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT City of Fayetteville for and in consideration of Two Hundred Dollars, ($200.00), 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. 040518, and
designated as Tract No. 25E-1 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.
TNESS my signature of this •IL day of 1-4loq,G., c,2, , 20 1 1 .
:ig ature die
STATE OF
COUNTY
0,04-14u ,6144„IL
Signature
ACKNOWLEDGMENT
) SS
)
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within
� ` I
and for the aforesaid County, on this day personally appeared l� ondot joikv,r) ¶ SoCt € . 6,4
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that'k executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public f`1bday of&rn , 20 I 1 .
, SVcujjk curl
•
MY COMMISSION EXPIRES: NOTARY PUBLIC
�'�10TA�aJy��+.. y
". .fie
�2:F . Pus tic ...)Z.-"
�'G02'01/47®2-i-2��.•."\- •
'1.447
1.44 CO UN, y �,s,`.
1G1NAL
JOB:
TRACT:
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
040518
25E-2
THAT City of Fayetteville for and in consideration of Fifty Dollars, ($50.00), 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. 040518, and
designated as Tract No. 25E-2 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
its successors and
WITNESS
Signatu
AND TO HOLD the same unto the said Arkansas State Highway Commission and to
assigns for and during the//term aforesaid and for the purposes hereinabove set forth. b
y signature of this day of 40 4,1 z, , 20 j. j .
STATE OF
COUNTY
Signature
ACKNOWLEDGMENT
` ® .
mU® . 13 S
FGAY‘ ETT:LcoLE
qA
L.
.�
rmAA;NGTOi� Geae°�
) SS eeeaaaa^na°
)
BE IT REMEMBERED, that on this day came before the undersi ned, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared L me to( otrakIkA 'cf a 0, f • t
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that
executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Publicri day of u*bi , 20 1 .
1
MY COMMISSION EXPIRES:
\\xiita,1,1jeu()Lit'l
®• ®e Nei .9 0� NOTARY PUBLIC
r ®4:4:1
CO`
1:0 `*-1-2016
0444 06'1;9i/i1i �,0
ORIGINAL
JOB: 040518
TRACT: 25E-3
TEMPORARY CONSTRUCTION EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT City of Fayetteville for and in consideration of Fifty Dollars, ($50.00), 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. 040518, and
designated as Tract No. 25E-3 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 y signature of this 6 day of J41 ., , 20 i ( .
Signatu
STATE OF
COUNTY
Signature `tls tn !,,,,o ,
...�RK/TR°
/
`��s
�G.\1Y0.•G�
,�G F
-V ® •s
u °
i. : FAYETTEVILLE
J
'11;e5;14/G764�pc ,'
ACKNOWLEDGMENT
) SS
BE IT REMEMBERED, that on this day came before the undersiigned, a Notary Public, acting within
and for the aforesaid County, on this day personally appeared UOY1d 0( iMit0Lik ? 30001-a_1 �1
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
that executed the same for consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public '1 day of 4.641214%20 ( I
MY COMMISSION EXPIRES:
NOTARY PUBLIC
MORTGAGE AUTHORIZATION
Form must be filled out completely, signed and submitted to the
Right of Way Division/Administrative Section immediately following first contact.
Job #: 040518
Property Owner:
Address:
Telephone #:
Social Security #/Federal
I.D.#:
Tract#: 25
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
(479)575-8330
71-6018462
Mortgage
Company:
Address:
Telephone #:
Loan #:
Contact Person:
N/A 1\(0Rei
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.
�aPr 5
Property Owner / Mort Qe eviso►y
�ga Date:
- -
l\c" °G\i Y 6;- ° G
:EAYEITEVILLE:
m
'.°-9JK�AN�P J--.-•
44A, Date: fl gt,J,%%
JOB NAME: Joyce Blvd. — City Limits (Fayetteville)
ORIGINAL
JOB 040518
TRACT 25
FAP STP -9142 (27)
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Fayetteville
Address: 113 West Mountain, 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 19, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a half inch pipe being used as the Northwest Sixteenth comer of Section 19; thence North 88°
12' 42" West along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 19 a
distance of 95.53 feet to a point on the Westerly right of way line of Arkansas; State Highway 265 as established
by AHTD Job 4704; thence North 01° 17' 08" East along said right of way line a distance of 168.28 feet to the
POINT OF BEGINNING; thence North 00° 32' 28" West along said right of way line a distance of 121.59 feet
to a point; thence North 42° 20' 28" West along said right of way line a distance of 63.64 feet to a point; thence
North 02° 39' 24" East along said right of way line a distance of 80.00 feet to a point; thence North 57° 03' 23"
East along said right of way line a distance of 42.95 feet to a point on the Westerly right of way line of
Arkansas State Highway 265 as established by AHTD Job 4704; thence South 02° 40' 54" West along said right
of way line a distance of 89.14 feet to a point; thence South 87° 19' 06" East along said right of way line a
distance of 15.00 feet to a point; thence South 02° 40' 54" West along said right of way line a distance of 100.97
feet to a point; thence South 01° 17' 08" West along said right of way line a distance of 81.31 feet to the point
of beginning and containing 0.11 acres or 4,952 feet more or less as shown on plans prepared by the AHTD
referenced as Job 040518.
AND ALSO:
Commencing at a half inch pipe being used as the Northwest Sixteenth corner of Section 19; thence North 88°
12' 42" West along the South line of the Fractional Northwest Quarter of the Northwest Quarter of Section 19 a
distance of 95.53 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as established
by AHTD Job 4704; thence North 01° 17' 08" East along said right of way line a distance of a distance of
249.59 feet to a point; thence North 02° 40' 54" East along said right of way line a distance of 100.97 feet to a
point; thence North 87° 19' 06" West along said right of way line a distance of 15.00 feet to a point; thence
North 02° 40' 54" East along said right of way line a distance of 699.50 feet to a point on the Westerly right of
way line of Arkansas State Highway 265 as established by AHTD Job 040518 to the POINT OF BEG INNING;
thence North 08° 48' 45" East along said right of way line a distance of 140.45 feet to a point on the Westerly
right of way line of Arkansas State Highway 265 as established by AHTD Job 4704; thence South 02° 40' 54"
West along said right of way line a distance of 139.64 feet to a point; thence North 87° 19' 06" West along said
right of way line a distance of 15.00 feet to the point of beginning and containing 0.02 acres or 1,047 feet more
or less as shown on plans prepared by the AHTD referenced as Job 040518.
AND ALSO:
Part of the Fractional West Half of the Southwest Quarter of Section 18, Township 17 North, Range 29 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a 5/8 inch rebar being used as the Southwest Sixteenth corner of Section 18; thence North 87°
05' 18" West along the North line of the Fractional Southwest Quarter of the Southwest Quarter of Section 18 a
distance of 98.80 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as established
by AHTD Job 4704 to the POINT OF BEGINNING; thence South 02° 40' 54" West along said right of way line
a distance of 330.63 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as
established by AHTD Job 040518; thence North 02° 40' 51" West along said right of way line a distance of
316.41 feet to a point; thence North 04° 16' 17" East along said right of way line a distance of 185.07 feet to a
point; thence North 02° 43' 24" East along said right of way line a distance of 200.00 feet to a point; thence
North 06° 39' 06" East along said right of way line a distance of 350.82 feet to a point on the Westerly right of
way line of Arkansas State Highway 265 as established by AHTD Job 4704; thence South 02° 40' 54" West
along said right of way line a distance of 719.37 feet to the point of beginning and containing 0.43 acres or
18,776 square feet more or less as shown on plans prepared by the AHTD referenced as Job 040518.
AND ALSO:
Part of the Fractional Southwest Quarter of the Northwest Quarter of Section 18, Township 17 North, Range 29
West, Washington County, Arkansas, more particularly described as follows:
Commencing at a three-quarter inch rebar being used as the Northwest Sixteenth corner of Section 18; thence
North 87° 12' 27" West along the North line of the Fractional Southwest Quarter of the Northwest Quarter of
Section 18 a distance of 542.94 feet to a point on the Westerly right of way line of Arkansas State Highway 265
as established by AHTD Job 4704 to the POINT OF BEGINNING; thence South 05° 55' 54" West along said
right of way line a distance of a distance of 19.04 feet to a point; thence South 11° 38' 33" West along said right
of way line a distance of 100.50 feet to a point; thence South 05° 55' 54" West along said right of way line a
distance of 43.32 feet to a point; thence in a Southeasterly direction along said right of way line on a curve to
the left having a radius of 858.51 feet a distance of 263.10 feet having a chord bearing South 02° 50' 51" East a
distance of 262.07 feet to a point; thence continuing in a Southeasterly direction along said right of way line on
a curve to the left having a radius of 858.51 feet a distance of 68.64 feet having a chord bearing South 13° 55'
03" East a distance of 68.62 feet to a point on the Westerly right of way line of Arkansas State Highway 265 as
established by AHTD Job 040518; thence North 18° 12' 54" West along said right of way line a distance of
161.95 feet to a point; thence North 02° 33' 36" West along said right of way line a distance of 108.29 feet to a
point; thence North 02° 02' 30" East along said right of way line a distance of 184.10 feet to a point; thence
North 17° 32' 40" East along said right of way line a distance of 46.53 feet to a point on the North line of the
Fractional Southwest Quarter of the Northwest Quarter of Section 18; thence South 87° 12' 27" East along said