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Home My WebLink About121-12 RESOLUTIONRESOLUTION NO. 121-12 A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-WAY TO THE ARKANSAS STATE HIGHWAY COMMISSION TO FACILITATE COMPLETION OF THE FULBRIGHT EXPRESSWAY/HIGHWAY 71B FLYOVER PROJECT WHEREAS, the City Council of the City of Fayetteville specifically finds that certain real property described in the attached Exhibit "A" is no longer needed for municipal purposes; and WHEREAS, said property is needed by the Arkansas State Highway Commission for completion of the Fulbright Expressway/Highway 71B flyover project, NOW, THEREFORE, 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 described in the proposed deed attached to this Resolution as Exhibit "A", to the Arkansas State Highway Commission to facilitate completion of the Fulbright Expressway/Highway 71B Flyover Project. PASSED and APPROVED this 5t' day of June, 2012. APPROVED: ATTEST: �I By:, By: aA' xf'. JL:6c EL J N, Mayor SONDRA E. SMITH, City Clerk/Treasurer `W1iiMIlift" Y r ; FAYETi EVILLE: :.ys.9R/(ATo �ysp�� rr`�L.rrar'rb ��yY 11111 111111 IIIIi Ifni Illll ill IRlII11ff lill1111111111111111III11111 111!lfll�f f�f�lfllflfllllll1111��lll 11111fill 111111ffll1IIIIIIIIIN Doc M 014898700003 Type: REL Recorded; 07%19%2012 at 01:17:27 pig Fee Amt: $28.00 Pave I of 3 8ethinaton tO StampscCircultRClerk F11e2012-00021136 Job No. 040535 Tract No. 2 DONATION WARRANTY DEED WITH CONTROL OF ACCESS I{NOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, Arkansas, Grantor, Lioneld Jordan and Sondra Smith, Mayor and City Cleric, respectively, by statute duly authorized so to act, for and in consideration of the mutual covenants and benefits inuring to the parties hereto, does hereby grant, bargain, deliver, quitclaim and donate to the Arkansas State Highway Commission, Grantee and unto its successors and assigns, the following land, together with all abutter's existing, future and potential common law or statutory rights of access between the Herein described property and the Grantors' remaining abutting and contiguous land, but saving and excepting such minerals therein and thereunder, as oil, gas, distillate, condensate, salt water and its component parts, and all other hydrocarbons which do not interfere with the surface use for highway purposes, lying and being described as follows, to -wit: Part of the Southwest Quarter of the Northeast Quarter of Section 26, Township 17 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a %z inch rebar with cap 1466 being used as the southeast corner of Lot 17D of the CMN Business Park 11, Phase H, Lot 17 Subdivision to the City of Fayetteville; thence South 40° 18' 38" West along the south line of said Lot 17D a distance of 37.42 feet to a point on the Northwesterly right of way line of U.S. Highway 71B (Fulbright Expressway) as established by AHTD Job 040535, for the POINT OF BEGINNING; thence South 76° 41' 21" East along said right of way line a distance of 45.91 feet to a point; thence North 53° 50' 19" East along said right of way line a distance of 99.13 feet to a point on the Northerly right of way line of U.S. Highway 7 1 B (Fulbright Expressway) as established by AHTD Job 9447; thence South 40° 16' 51" West p ?his &truAa w uarpmpred'6y @avidS 40* MI Attnrmy Ar awa satsWjfimyanditcrportatknq)ept. (P.O. ftt2261, &Ufe bpd Arkaruas72203 --EXHIBIT along said right of way line a distance of 251.08 feet to a point; thence South 59' 06' 52" West along said right of way line a distance of 199.27 feet to a point; thence North 40° 18'38" East a distance of 124.10 feet to a point on the south line of said Lot 17D and also being the Northwesterly right of way line of U.S. Highway 71B (Fulbright Expressway) as established by AHTD Job 040535; thence North 40' 18' 38" East along said south line of Lot 17D and Northwesterly right of way line of U.S. Highway7lB, a distance of 198.39 feet to the POINT OF BEGINNING and containing 0.38 acres, more or less, or 16,682 square feet, more or less. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission 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 land against all lawful claims, whatsoever. IN WITNESS WHEREOF, City of Fayetteville, Arkansas, has caused these presents to be executed by its Mayor and City Clerk on this day of , 2012. CITY OF FAYETTEVILLE, ARKANSAS �f B - i eld dor �, Mayor By: Sondra Smith, City Cleric {�{{Si1E1111lIl�rr ok " FAyETTEVILLE o R s ; 9s.9 kANo P.��; ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared the within named Lioneld Jordan and Sondra Smith, who has been authorized by statute to execute the above instrument, to me well personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said City of Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, T have hereunto set my hand and seal on this 1.24A ay of 2012. My Commission Expires: - Notary Public City of Fayetteville Staff Review Form City Council Agenda Items or Contracts June 5, 2012 City Council Meeting Date Chris Brown Engineering Submitted By Division Action Required: Development Services Department Approval of a Resolution authorizing the donation of right-of-way to the Arkansas State Highway Commission for the Fulbright Expressway/Hwy 71 B Flyover Project. $ _ $ _ Transportation Bond Improvements Cost of this request Category / Project Budget Account Number Funds Used to Date 06035.1700 $ Project Number Budgeted Item Remaining Balance Budget Adjustment Attached J� L V _ _a4.7otL Departmen irector Date �F C6>Morney U Date Finance and Internal Service Director Date of 6-I -/.2- Date Date Program Category / Project Name Street Improvements Program / Project Category Name 2006A Sales Tax Construction Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received inrJ;-ityl qlegOF(� €tc9, J) Received in Mayor's Office Z. e F;]ile s�■■ CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Chris Brown, City Engineer Date: May 7, 2012 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Council Meeting of June 5, 2012 Subject: A resolution authorizing the donation of right-of-way to the Arkansas State Highway Commission for the Fulbright Expressway/Hwy 71B Flyover Project PROPOSAL: The City of Fayetteville has been presented with a request from the Arkansas State Highway & Transportation Department (AHTD) to donate 0.38 acres or 16,682 square feet of right of way that was set aside in the Final Plat of CMN Business Park II for the proposed construction of the 71 B Flyover to the Arkansas State Highway Commission. RECOMMENDATION: Staff recommends executing the documents presented by the Arkansas State Highway and Transportation Department. BUDGET IMPACT: No Impact. RESOLUTION NO. A RESOLUTION AUTHORIZING THE DONATION OF RIGHT-OF-WAY TO THE ARKANSAS STATE HIGHWAY COMMISSION TO FACILITATE COMPLETION OF THE FULBRIGHT EXPRESSWAY/HIGHWAY 71B FLYOVER PROJECT WHEREAS, the City Council of the City of Fayetteville specifically finds that certain real property described in the attached Exhibit "A" is no longer needed for municipal purposes; and WHEREAS, said property is needed by the Arkansas State Highway Commission for completion of the Fulbright Expressway/Highway 7 1 B flyover project, NOW, THEREFORE, 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 described in the proposed deed attached to this Resolution as Exhibit "A", to the Arkansas State Highway Commission to facilitate completion of the Fulbright Expressway/Highway 71B Flyover Project. PASSED and APPROVED this 5th day of June, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer