HomeMy WebLinkAbout80-11 RESOLUTIONRESOLUTION NO. 80-11
A RESOLUTION TO APPROVE TWO DONATION WARRANTY DEEDS,
THREE DONATION WARRANTY PERMANENT EASEMENT DEEDS AND
ONE TEMPORARY CONSTRUCTION EASEMENT FOR THE CITY OF
FAYETTEVILLE TO CONVEY TO THE ARKANSAS STATE HIGHWAY
COMMISSION FOR THE HIGHWAY 16 EAST WIDENING 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 approves
the two attached Donation Warranty Deeds, three Donation Warranty Permanent Easement
Deeds and one Temporary Construction Easement from the City of Fayetteville to the Arkansas
State Highway Department for the Highway 16 East Improvement Project and authorizes Mayor
Jordan to sign all such deeds.
PASSED and APPROVED this 17th day of May, 2011.
APPROVED:
ATTEST:
By G I'i�1:•tL.
SONDRA E. SMITH, City Cler Treasurer
{�Illr,I I! X171/1 J
FAYETrEV1LLE
F''1
7;41
i Oti%%p',,
Chris Brown (X),
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
5/17/2011
City Council Meeting Date
Agenda Items Only
Engineering
Division
Action Required:
Development Services
Department
A resolution authorizing the donation of right-of-way along Hwy. 16 East (15th St., Happy Hollow Rd., and Huntsville Rd.)
containing a total of 0.66 acres and being a part of Parcel Nos. 765-19940-000 and 765-15227-000 and authorizing the granting of
three permanent easements and two temporary construction easements across Parcel Nos. 765-19940-000, 765-15258-000 and
765-15227-000, 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
4520.9520.5809.00
Account Number
06035.2300
Project Number
Budgeted Item
13,412, 545.00
Category / Project Budget
Transportation Bond Improvements
Program Category / Project Name
1,596,466.10 Street Improvements
$
Funds Used to Date Program / Project Category Name
11,816,078.90 Sales Tax Construction
Remaining Balance Fund Name
Budget Adjustment Attached
Departmen Dire
City Attorney
Fin -i. - and Internal Services Director
of of
r
Mayor
Q4.7A.At11
Date
7- 20,i
Date
Date
3).
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Comments:
Revised January 15, 2009
a"F�ve. eville
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
Council Meeting of May 17, 2011
To: Mayor and City Council
Thru:
Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Chris Brown, City Engineer c.'
From: Jill Goddard, Land Agent
Date: April 27, 2011
Subject: A resolution authorizing the donation of right-of-way along Highway 16 East (Fifteenth Street,
Happy Hollow Road, and Huntsville Road) containing a total of 0.66 acres and being a part of
Parcel Nos. 765-19940-000 and 765-15227-000 and authorizing the granting of three permanent
easements and two temporary construction easements across Parcel Nos. 765-19940-000, 765-
15258-000 and 765-15227-000, 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 Hwy. 16 East (Armstrong Ave.—Stonebridge Rd.) widening project, AHTD is requesting
the donation of right-of-way and easements from three City -owned properties. AHTD is requesting 0.62 acres
of right-of-way along Fifteenth Street from Parcel No. 765-19940-000 (Tract 35) as well as permanent
easements along the east side of Armstrong Ave. and the west side of Happy Hollow Rd. They are also
requesting a permanent easement and a temporary construction easement along the east side of Happy Hollow
Rd. (west side of Parcel No. 765-15258-000 — Tract 43). And lastly, they are requesting 0.04 acres of right-of-
way at the southwest corner of the intersection of Huntsville Rd. and Ray Ave. from Parcel No. 765-15227-000
(Tract 45) as well as a temporary construction easement. AHTD is requesting that the right-of-way be conveyed
to them by deed as well as the easement rights be granted by easement documents (copies attached).
RECOMMENDATION:
Staff recommends Council approval of the donation of right-of-way deeds and easements to the Arkansas State
Highway Commission.
BUDGET IMPACT:
AHTD is requesting all of this as a donation (no compensation).
EXHIBIT
APR. 2011
HWY 16 IMPROVEMENTS
PROPOSED RIGHT-OF-WAY
TO A.H.T.D.
EXHIBIT
APR. 2011
HWY 16 IMPROVEMENTS
PROPOSED RIGHT-OF-WAY
TO A.H.T.D.
HWY 16 IMPROVEMENTS
PROPOSED RIGHT-OF-WAY
TO A.H.T.D.
Departmental Correspondence
ARKANSAS
www.accessfayetteville.org
LEGAL,
DEPARTMENT
TO: Mayor Jordan
City Council
CC: Chris Brown, City Engineer
FROM: Kit Williams, City Attorney
DATE: May 2, 2011
RE: Highway 16 East Improvement Project
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
The City clearly needs to convey property it owns to the State Highway
Commission which is needed for the improvements planned for Highway 16 East.
I do not like having to provide warranty deeds and thus, guarantee the titles to
these parcels for donated land. However, I can understand that the Highway
Development wants to be sure there are no ownership issues before it constructs a
road on this land. Thus, it demands Warranty Deeds even for donated land (which
usually is done by Quit Claim deed).
I am sure the City's land agents have researched our ownership rights to
these parcels so that we can be assured there are no clouds on our title.
RESOLUTION NO.
A RESOLUTION TO APPROVE TWO DONATION WARRANTY DEEDS,
THREE DONATION WARRANTY PERMANENT EASEMENT DEEDS AND
ONE TEMPORARY CONSTRUCTION EASEMENT FOR THE CITY OF
FAYETTEVILLE TO CONVEY TO THE ARKANSAS STATE HIGHWAY
COMMISSION FOR THE HIGHWAY 16 EAST WIDENING 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 approves
the two attached Donation Warranty Deeds, three Donation Warranty Permanent Easement
Deeds and one Temporary Construction Easement from the City of Fayetteville to the Arkansas
State Highway Department for the Highway 16 East Improvement Project and authorizes Mayor
Jordan to sign all such deeds.
PASSED and APPROVED this 17th day of May, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Job No. 040578
Tract No. 35
DONATION
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That Uwe, City of Fayetteville, Arkansas, Grantor, for and in consideration of the
mutual benefits inuring to the Grantor and the Arkansas State Highway Commission, Grantee,
and to the public, the undersigned does hereby agree, without any remuneration or monetary
consideration, to donate to the Arkansas State Highway Commission, Grantee, and unto it
successors and assigns, upon the terms and conditions hereinafter set forth, the following lands
situated in the County of Washington, State of Arkansas, to -wit:
LEGAL DESCRIPTION:
Part of Lot 2, Final Replat of Fayetteville Industrial Park which is also part of the Southwest
Quarter of the Northwest Quarter of Section 23, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Quarter Comer of Section's 22 and 23; thence South
87° 06' 23" East along the South line of' the Southwest Quarter of the Northwest Quarter of
Section 23 a distance of 491.81 feet to a point on the Northeasterly right of way line of South
Armstrong Avenue as established by Affidavit from the City of Fayetteville dated August 18,
2009; thence North 350 05' 16" West along said right of way line a distance of 32.82 feet to the
POINT OF BEGINNING; thence continue North 35° 05' 16" West along said right of way line a
distance of 76.99 feet to a point on the Southerly right of way line of State Highway 16 as
established by AHTD Job 9458; thence North 22° 58' 43" East along said right of way line a
distance of 50.90 feet to a point; thence North 67° 23' 21" East along said right of way line a
distance of 507.42 feet to a point; thence in a Northeasterly direction along said right of way line
on a curve to the left having a radius of 756.17 feet a distance of 314.06 feet having a chord
bearing of North 55° 29' 27" East a distance of 311.81 feet to a point on the Southwesterly
prescriptive right of way line of Happy Hollow Road as established by Affidavit from the City of
Fayetteville dated August 18, 2009 ; thence South 68° 44' 15" East along said right of way line a
distance of 89.97 feet to a point on the Southwesterly right of way line of Happy Hollow Rd. as
established by AHTD Job 040578; thence South 34° 21' 15" West along said right of way line a
distance of 58.85 feet to a point on the Southerly right of way line of State Highway 16 as
established by AHTD Job 040578; thence North 87° 03' 21" West along said right of way line a
distance of 99.32 feet to a point; thence South 53° 27' 06" West along said right of way line a
distance of 108.71 feet to a point; thence South 61° 12' 06" West along said right of way line a
distance of 108.71 feet to a point; thence South 68° 04' 25" West along said right of way line a
distance of 472.82 feet to a point; thence South 38° 30' 16" West along said right of way line a
distance of 61.77 feet to a point; thence South 13° 01' 38" East along said right of way line a
distance of 60.45 feet to a point; thence South 54° 11' 17" West along said right of way line a
distance of 7.86 feet to the point of beginning and containing 0.62 acres or 26,836 square feet
more or less as shown on plans prepared by the AHTD referenced as Job 040578.
DCM
1/25/10
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway
Commission and unto its successors and assigns forever.
And we, City of Fayetteville, Arkansas, Grantor for such consideration does hereby
release and relinquish unto the said Arkansas State Highway Commission, all our right of
dower, curtesy, homestead or survivorship in and to said lands.
And the Grantor hereby covenants with Grantee that they 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 as well as just compensation for such donation. Grantor does hereby waive receipt of
the authorized appraisal of the lands donated and do hereby waive all of their rights to any
compensation or monetary remuneration for the property described herein.
Grantor further, by executing this Donation Warranty Deed, etc., does hereby release and
relinquish all of their rights to an appraisal, compensation or other consideration for such
donation; and Grantor does hereby release and relinquish all claims, causes of action or any
obligation of the Arkansas State Highway Commission arising out of or in conjunction with
this donation.
WITNESS my/our hands/s on this /I'!'L day of
STATE OF
COUNTY OF
, 2011.
ACKNOWLEDGMENT
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BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within
and fo the Cotintx omitState aforesaid, dui commissioned and acting, appeared in
person 10 411 JW \... #� and o5 m E . 3iy i�k , , to ,rye well known as
a/the Grantor/s in the foregoing instrument, and stated that she/he/they had executed the same for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this c C' . ay
of ��, 2011.
My Commission Expires: 2 / -10I (g. -
Job No. 040578
Tract No. 35E1
DONATION
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That I/we, City of Fayetteville. Arkansas, Grantor, for and in consideration of the
mutual benefits inuring to the Grantor and the Arkansas State Highway Commission, Grantee,
and to the public, the undersigned does hereby agree, without any remuneration or monetary
consideration, to donate to the Arkansas State Highway Commission, Grantee, and unto its
successors and assigns, upon the terms and conditions hereinafter set forth, the following
easement situated in the County of Washington, State of Arkansas, to -wit:
LEGAL DESCRIPTION:
Part of Lots 2 and 3, Final Replat of Fayetteville Industrial Park which is also part of the
Southwest Quarter of the Northwest Quarter and part of the Northwest Quarter of the Southwest
Quarter both in Section 23, Township 16 North, Range 30 West, Washington County, Arkansas,
more particularly described as follows:
Commencing at a point being used as the Quarter Corner of Section's 22 and 23; thence South
87° 06' 23" East along the South line of the Southwest Quarter of the Northwest Quarter of
Section 23 a distance of 491.81 feet to a point on the Northeasterly prescriptive right of way line
of South Armstrong Avenue as established by Affidavit from the City of Fayetteville dated
August 18, 2009 to the POINT OF BEGINNING; thence North 35° 05' 16" West along said
right of way line a distance of 32.82 feet to a point on the Northeasterly right of way line of S.
Armstrong Ave. as established by AHTD Job 040486; thence North 54° 11' 17" East along said
right of way line a distance of 7.86 feet to a point; thence South 31° 48' 43" East a distance of
143.35 feet to a point; thence South 54° 11' 17" West a distance of 4.59 feet to a point on the
Northeasterly prescriptive right of way line of South Armstrong Avenue as established by
Affidavit from the City of Fayetteville dated August 18, 2009; thence North 35° 50' 14" West
along said right of way line a distance of 45.68 feet to a point; thence North 54° 09'46" East
along said right of way line a distance of 5.52 feet to a point; thence North 35° 05' 16" West
along said right of way line a distance of 64.51 feet to the point of beginning and containing 0.02
acres or 776 square feet more or less as shown on plans prepared by the AHTD referenced as Job
040578.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway
Commission and unto its successors and assigns forever.
And we, City of Fayetteville, Arkansas, Grantor for such consideration does hereby
release and relinquish unto the said Arkansas State Highway Commission, all our right of
dower, curtesy, homestead or survivorship in and to said lands.
And the Grantor hereby covenants with Grantee that they will forever warrant and defend
the title to said land against all Lawful claims, whatsoever.
In Accordance with Public Law 91-646 as Amended by Public Law 100-17, Title HI,
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 easement
donated as well as just compensation for such donation. Grantor does hereby waive receipt of
the authorized appraisal of the easement donated and do hereby waive all of their right to any
compensation or monetary remuneration for the property described herein.
Grantor further, by executing this Donation Permanent Easement, etc., does
hereby release and relinquish all of their right to an appraisal, compensation or other
consideration for such donation; and Grantor does hereby release and relinquish all claims,
causes of action or any obligation of the Arkansas State Highway Commission arising out of
or in conjunction with this donation.
WITNESS my/our handsis on this J. Y -`day of , 2011.
der
ACKNOWLEDGMENT
STATE OF
COUNTY OF
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within
and foil the Cou,nSO(cbfl
d State aforesaid, duly commissi ne and acting, appeared in
person U Otle.1GA and `yrc), V'i). , to me well known as
a/the Grantor/s in the foregoing instrument, and stated that she/he/they had executed the same for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this Q041--1-day
of f 6 ,2011.
My Commission Expires: r -1- 01U -
Job No. 040578
Tract No. 35E2
DONATION
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That I/we, City of Fayetteville, Arkansas, Grantor, for and in consideration of the
mutual benefits inuring to the Grantor and the Arkansas State Highway Commission, Grantee,
and to the public, the undersigned does hereby agree, without any remuneration or monetary
consideration, to donate to the Arkansas State Highway Commission, Grantee, and unto it
successors and assigns, upon the terms and conditions hereinafter set forth, the following
easement situated in the County of Washington, State of Arkansas, to -wit:
LEGAL DESCRIPTION:
Part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 16 North,
Range 30 West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Northwest Sixteenth Corner of Section 23; thence
South 02° 44' 18" West along the East line of the Southwest Quarter of the Northwest Quarter of
Section 23 a distance of 1,014.56 feet to a point; thence North 87° 58' 29" West a distance of
46.13 feet to a point on the Westerly prescriptive right of way line of Happy Hollow Road as
established by Affidavit from the City of Fayetteville dated August 18, 2009to the POINT OF
BEGINNING; thence continue North 87° 58' 29" West a distance of 28.73 feet to a point; thence
North 04° 55' 38" East a distance of 111.52 feet to a point; thence North 24° 31' 11" West a
distance of 34.53 feet to a point; thence North 51° 14' 35" West a distance of 38.67 feet to a
point on the Southeasterly right of way line of State Highway 16 as established by AHTD Job
040578; thence North 34° 21' 15" East along said right of way Iine a distance of 58.85 feet to a
point on the Westerly prescriptive right of way line of Happy Hollow Road as established by
Affidavit from the City of Fayetteville dated August 18, 2009; thence South 68° 44' 15" East
along said right of way line a distance of 20.59 feet to a point; thence South 86° 47' 04" East
along said right of way line a distance of 1837 feet to a point; thence South 02° 04' 29" West
along said right of way line a distance of 207.95 feet to the point of beginning and containing
0.17 acres or 7,582 square feet more or less as shown on plans prepared by the AFITD referenced
as Job 040578.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway
Commission and unto its successors and assigns forever.
And we, City of Fayetteville, Arkansas, Grantor for such consideration does hereby
release and relinquish unto the said Arkansas State Highway Commission, all our right of
dower, curtesy, homestead or survivorship in and to said lands.
And the Grantor hereby covenants with Grantee that they will forever warrant and defend
the title to said land against all lawful claims, whatsoever.
In Accordance with Public Law 91-646 as Amended by Public Law 100-17, Title HII,
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 easement
donated as well as just compensation for such donation. Grantor does hereby waive receipt of
the authorized appraisal of the easement donated and do hereby waive all of their right to any
compensation or monetary remuneration for the property described herein.
Grantor further, by executing this Donation Permanent Easement, etc. , does hereby
release and relinquish all of their right to an appraisal, compensation or other consideration for
such donation; and Grantor does hereby release and relinquish all claims, causes of action or any
obligation of the Arkansas State Highway Commission arising out of or in conjunction with
this donation.
�
WITNESS my/our hands/s on this 1 day of
ACKNOWLEDGMENT
STATE OF
COUNTY OF
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within
and foil the Co u nity id State aforesaid, dt• y col I miss • n • and . cting, appeared in
person c, d L�fii(X A. and � .,/� _ \► ' , to me well known as
a/the Grantor/s in the foregoing instrument, and stated that she/he/they had executed the same for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this 20day
of lA ,2011.
My Commission Expires: 02r 6 f Lt
Job No. 040578
Tract No. 43E2
DONATION
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That I/we, City of Fayetteville, Arkansas, Grantor, for and in consideration of the
mutual benefits inuring to the Grantor and the Arkansas State Highway Commission, Grantee,
and to the public, the undersigned does hereby agree, without any remuneration or monetary
consideration, to donate to the Arkansas State Highway Commission, Grantee, and unto it
successors and assigns, upon the terms and conditions hereinafter set forth, the following
easement situated in the County of Washington, State of Arkansas, to -wit:
LEGAL DESCRIPTION:
Part of the Southeast Quarter of the Northwest Quarter of Section 23, Township 16 North, Range
30 West, Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Northwest Sixteenth Corner of Section 23; thence
South 02° 44' 18" West along the East line of the Southwest Quarter of the Northwest Quarter of
Section 23 a distance of 1,014.56 feet to a point; thence South 87° 58' 29" East a distance of
3.87 feet to a point on the Easterly prescriptive right of way line of Happy Hollow Road as
established by Affidavit from the City of Fayetteville dated August 18, 2009 to the POINT OF
BEGINNING; thence North 02° 04' 29" East along said right of way line a distance of 206.91
feet to a point; thence South 02° 05' 15" East a distance of 31.11 feet to a point; thence South
11° 13' 18" East a distance of 78.99 feet to a point; thence South 07° 21' 24" West a distance of
99.42 feet to a point; thence North 87° 58' 29" West a distance of 11.27 feet to the point of
beginning and containing 0.06 acres or 2,476 square feet more or less as shown on plans
prepared by the AHTD referenced as Job 040578.
TO HAVE AND TO HOLD the same unto the said Arkansas State Highway
Commission and unto its successors and assigns forever.
And we, City of Fayetteville, Arkansas, Grantor for such consideration does hereby
release and relinquish unto the said Arkansas State Highway Commission, all our right of
dower, curtesy, homestead or survivorship in and to said lands.
And the Grantor hereby covenants with Grantee that they will forever warrant and defend
the title to said land 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 easement
donated as well as just compensation for such donation. Grantor does hereby waive receipt of
the authorized appraisal of the easement donated and do hereby waive all of their right to any
compensation or monetary remuneration for the property described herein.
Grantor further, by executing this Donation Permanent Easement, etc. , does hereby
release and relinquish all of their right to an appraisal, compensation or other consideration for
such donation; and Grantor does hereby release and relinquish all claims, causes of action or any
obligation of the Arkansas State Highway Commission arising out of or in conjunction with
this donation.
WITNESS my/our hands's an this /4)' `' day of 4//ii
At
, 2011.
Dt 664/
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.SA •c 'aF'{r=
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: FAYETTEVILLE;
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ACKNOWLEDGMENT
STATE OF
COUNTY OF
BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within
and forlthe Conn atpd ate aforesaid, dui commissi the • and -Leting, appeared in
person umeid k ji d and . * • . I, 1 , to me well known as
a/the Grantor/s in the foregoing instrument, and stated that she/he/they had executed the same for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this tZ} ay
of 6C,CtA,201I.
;J
My Commission Expires: ,) - / -01 o -