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Home My WebLink About41-13 RESOLUTIONRESOLUTION NO.41-13 A RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION OF 1.21 ACRES OF PROPERTY FROM LORI AND ALEX MAHLER NEAR CATO SPRINGS ROAD TO BE UTILITIZED FOR THE FUTURE CATO SPRINGS TRAIL TRAILHEAD 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 acceptance of a donation of 1.21 acres of property described in the attached Exhibit "A" from Lori and Alex Mahler located near Cato Springs Road to be utilized for the future Cato Springs Trail trailhead. PASSED and APPROVED this 5tn day of March, 2013. APPROVED: Byy FIELD JOJW0, Mayor ATTEST: -14 By: - w 4eWk;—R-' SON RA E. SMITH, City Clerk/Treasurer ri Park Land Dedication Parcel No. 765-15370-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, Alex Mahler and Lori Mahler, husband and wife, hereinafter called GRANTOR, for and in consideration 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: I I[IIIII4IIIII I�llll[1�I�1 I�I�IIIIIII�II IIIII flll� Illll Illllllllllllll Nlf I11I Doo II}: ❑ig119740001 Type, REL Kind: kARRANTY DEED Aecorded: 05/14/2013 at 08:07:22 AM Fee Amt: $15,00 Pape 1 of 1 Nashinpton County, AR Kyle Sylvester Circuit Clerk F11e2013-00015915 Part of the Northwest Quarter (NW'/) of the Northwest Quarter (NW%) of Section Twenty-eight (28) in Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as follows, to -wit: Beginning at a point 215 feet East of the Northwest corner of said forty acre tract and running thence East 332 feet mare of less to the centerline of branch, thence in a Southwest direction along center of branch to a point due South of the beginning point, thence North to the point of beginning, less and except that portion on the North side embraced In Cato Springs Road, also less and except part of the Northwest Quarter (NW'/.) of Section Twenty- eight (28) in Township Sixteen (16) North, Range Thirty (30) West, described as follows, to -wit: Beginning at a point 425 feet East of the Northwest comer of said Forty acre tract, and running thence East 70 feet, more or less, thence South to the centerline of branch, thence in a Southwest direction along the center of branch to a point due South of the beginning point, thence North to the point of beginning. LESS AND EXCEPT Cato Springs Road right-of-way: A part of the Northwest Quarter (NW'/.) of the Northwest Quarter (NW'/) of Section Twenty -Eight (28), Township Sixteen (16) North, Range Thirty (30) West in Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest {NW) corner of said forty (40) acre tract; thence along the North line of said tract South 87°13'23" East 215.00 feet to the POINT OF BEGINNING, being the Northwest (NW) corner of a property described in Book 1231, Page 528 as recorded with the Circuit Clerk of said county; thence continuing along said North line South 87°13'23" East 210.00 feet; thence leaving said North line South 02°31'31" West 37.93 feet; thence North 85°18'23" West 148.65 feet; thence North 87°01'38" West 61.45 feet to the West line of said property; thence along said West line North 02°31'31" East 32.74 feet to the Point of Beginning, containing 7,283 square feet, more or less; LESS AND EXCEPT that portion deeded to the City of Fayetteville described in Book 704, Page 170 as recorded with said Circuit Clerk, containing 2,368 square feet, more or less; having a net total of 4,925 square feet, more or less, consisting of 4,140 square feet in existing right-of-way and 785 square feet in new proposed right-of-way. Subject all other easements and rights -of -way of record, If any. TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the said lands against all legal claims whatever. _ WITNESS the execution hereof on this day of A2013. REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamps. Signed: t R.clff 7!SFoyy --rew"tE City of Fayetteviil 113 W. Mountain Fayetteville, AR 72701 STATE OF ARKANSAS COUNTY OF WASHINGTON Alex Manler on Manier ACKNOWLEDGMENT ss. 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 Alex Mahler and Lori Mahler, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideratio , users and purposes therein mentioned and set forth. WITNESS my hand and seal this S day of \ , 2013. MY COMMISSI N EXPIRES: A No ubfic `. ; :i'•'T"^ BPENCE4i M. PS SLEY cy"'1?i S MY C,®MMISSION # 12370004 'pIRf;S; j :' February 2s 2019 W&ghitt ton County Washington County, AR I certify this instrument was filed on 05/14/2013 08:07:22 AM and recorded in Real Estate F,io wimher 2013-00015915 Kyle Sylve by Matt Mihalevichok Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements March 5th, 2013 City Council Meeting Date Agenda Items Only Engineering Development Services Division Department Action rtequirea: Approval of a donation of 1.21 acres of property to the City of Fayetteville by Lori and Alex Mahler located on Springs Road to be utilized for the future Cato Springs Trail and trailhead. N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item N/A Category / Project Budget N/A Funds Used to Date N/A Remaining Balance Budget Adjustment Attached I� 111V(At- OtA, sd l) Departmen Director Date 0\1(or4ney4uDate o- , 2,--15-7-015 Finance and Internal Services Director Date !IkZL4=Zvi /7 Date Comments: 44P NIA Program Category / Project Name N/A Program / Project Category Name N/A Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office Revised January 15, 2009 Zayle =ARKANSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff ��pp Jeremy Pate, Development Services Directors Chris Brown, City Engineer CV� Q� From: Matt Mihalevich, Trails Coordinator Date: February 14th, 2013 Subject: Mahler Property Donation for Cato Springs Trail PROPOSAL: THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE Approval of a donation of 1.21 acres of property to the City of Fayetteville by Lori and Alex Mahler located on Cato Springs Road to be utilized for the future Cato Springs Trail and trailhead. RECOMMENDATION: City staff was contacted by Mr. Alex Mahler regarding his desire to donate property on Cato Springs Road for the Cato Springs trail and trailhead. The Fayetteville Alternative Transportation and Trails (FATT) Master Plan identifies the Cato Springs Trail extending south from the Town Branch Trail along Cato Springs Branch to the future Regional Park west of I-540 and Cato Springs Road (see attached map). Staff has reviewed the proposed trail alignment and the property is suitable for the future trail and trailhead. The Cato Springs Trail is not scheduled for construction within the next 5 years, but since the property owner is willing to donate now, it is the time to consider acceptance of the property for the future. Several piles of concrete and soil have been deposited on Mr. Mahler's property over the years creating a violation of the City grading ordinance and the flood damage prevention code. The violation has not been addressed and is now before the City Prosecutor's office waiting on a court date of late March or early April. If the property donation is approved, the City will be required to remove the soil piles and bring the property into compliance as quickly as possible. The Transportation Trails Construction Crew has agreed to perform the necessary work to bring the property into compliance and the Parks Department will then seed with native grasses and brush hog the property annually. Any code violations, fines and court costs that Mr. Mahler could possibly be liable for are not transferable with the property. Correspondence with Deputy City Prosecutor, Brian Thomas is included in the packet. On February W', Parks, Transportation and Engineering Staff met on site to discuss the property and supported the donation for the trail. On February 41h, the Parks and Recreation Advisory Board unanimously approved the donation subject to inspection of the property for hazardous materials. On February 8th staff inspected the property and no hazardous materials were found. BUDGET IMPACT: The cost for the clean-up and seeding will be allocated from existing Trails and Parks budgets. RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION OF 1.21 ACRES OF PROPERTY FROM LORI AND ALEX MAHLER NEAR CATO SPRINGS ROAD TO BE UTILITIZED FOR THE FUTURE CATO SPRINGS TRAIL TRAILHEAD 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 acceptance of a donation of 1.21 acres of property described in the attached Exhibit "A" from Lori and Alex Mahler located near Cato Springs Road to be utilized for the future Cato Springs Trail trailhead. PASSED and APPROVED this 51h day of March, 2013. APPROVED: LIONELD JORDAN, Mayor ATTEST: SONDRA E. SMITH, City Clerk/Treasurer - [ ' CITY OF FAYR#ANSAS [ 7F5?SrvGLaR .DOO �j KELLER 1VAYNE ui' -"��-r�� 75;.i5C&�•-G70 KELLER vVAYNF f-f OV4ATCATOSPRIN _ 1� _ -'#^ ! �G:r-15tr.8{1Gn TG5•RS54908 F - _: - f i - .31V%%AT CAiD SPRIN CRY OF PAYETTEVILLE, A,-4lf.NSAS _ - ��_. �� i'r _ •. 7t5.5505�.'�7' TSS-28WNGAL0 .•PRINGS LLC 'lANpS(7i7AfiE . n' KELLER. WAYNE $ t' UNC?4CCIi CAsti S LLC BUNGALONSAT CA70 SPRING- 39;SE f- - _ r _ _ _ 1 • I - G71fvS6REL .IUGY MAAIERO' CE JUDt' � • �r :� �!_, - -.+ -. 755-t57?�1-[Y76 79�-t5�75? ;-10 'LE+`!�0 1 ..-�- - --n! . i! Y• - _4F.AN ON IvSE•I}1C ;r., 6 .. HENDFJCHSCtd FfICD!-E J ryBILLY PORTER b lUl7Y K:1Y - 5C_ .� 1,. y - N4 Af2LWERTI MANAGEMENT ftC5q,, '` 3;.s �„ ., 0 �_ •r�PiS-5506s-t�4 - •-:CS,.c�rs�-0 .r - 880WEST iQ$P C as.aw Z i 5057 diip• - �� ' 5-2 BUNGALOWS Ai ::AT4 SPRINGS LLC880 WEST RTC+ D L CST'fxf- PAY-ETTEV.ILLE -CITY OF FAYETT -LE ^•f ti ' AYETTEVILI.E, ARKANSAS • - - .- - .. s ' �.}�>.� F F.AYE LLE i6g.Y505s}{}Ot+.' =' i65.15055� OS - 76:-1 1 T67•f`n O}T7 ijF fYi1� UAYETVILLE _ a i- �i55=d�Ci1 - - ti`'2=- �' •:'_7: '. - f�S-- - -- - - >r r .-•, crrrcafFA�'�I7EtA�- CmrpF�AY g _� "" _._ � T_ =�--. _� •---.--- � - - •- _ 7n �03�Jip•U71 . 1fr954+067_ CITY �F FAYE TEVR.LiO}TY ")P FaYETTEVR'L 'f • -- . - _ _ _ - '_.+ f - -- - '- - ~ f - C[TY OF FAYET'raviLL- CARNES ORVALA & BETTY JEAN .r:- j - HOULE PAMELP I!!s! � - Jr :.'K+ - 765-03942-QW , ._ 765-03010-000 r, f. 1 r - :"►" �J STOPPEL-JERPYS,'STOPPEL MAWtER' 7LE% _.�15371400- -- MAHLER ALEX 765-15370-000 HEILMAN DAVIDA& %%AT30N MARVEL J:NICHOLSON}±LANEY ' 765-15368-000 7;5 .,-..c_i - BOSTIAN. STEPHEN & TAMMIE B 765-15369-000 � • • • - • � • • �EA7ON TRUST 1 KELLER WAYNE 5-15374-001 SNODGRASS, ERIC R & KIMBERLY 765-03939-000 SCALLION RUSSELL SNODGRASS ERIC R & KIMBERLY . 765-15372-002 765-15372-001 XIA, JUN 0 & YONG J SHEN 765-03012-000 JOSLYN PATRICIA JEAN SNODGRASS Legend - .- 765-73938-000 Proposed fat AN? JAMES f- R AM 1i BABE, SHARAN 1a 3o_�00 _ R -- CASSELE. JEFI RE 1 8�]AERS CAS�rLL 765-03932-00.0 G,4LLIflN' � - ; 65-�13n;iG•�„:? Streams %].l JUN R :SHEN. YOI•IG J .� _ - STA.RGIES, J EITHI 7-5.1_3740C•V u _ .7-6 City Owned Property. 1 25 50 100 150 200 250 LACEY, ELDON i 765-03989-00 :`. - _ 'DRADFORD-JEN. GS DEBORAH EApa�'f kjsr1 - _-- Fion and Trails Master Plan For More Information, 2 WLES DR LI CH. Please visit http://trails.accessfayetteville.org ,j0. �fllll , a a a � ■,{j Y+ S 7�:11,115111110%% a LL 75T}ISS O � VEM 1 RUSE a I ;,�w►��t1►►►lam � ,*� a - Fin g or F7oadlyrl8ter Easerrren[ % tle........._ Tra;F ti■ks' Future Regional Park r Rilll OR 2'T Trail Extension '' r RocKsr struction 2013 a w HST � c y F- 4TH ST m w �'H sr �L.__ _ $TA�il'} Tsa La Gi Trail Construction 2013 :n '9F?JVATE 1369 • :t x g, �! O CR NE DR. !! "MC, SU ARROWHEADST 04' _ - -- - - - _ - - - - - 147 �i i1TH $1 w �W N&f /`Yy r5 vri a m 15TH ST 4yy a ALKER ST w I:I 11111 SUNCHASE C� � a �m � BRINK p� r y. O Unk Walker Park TH 15 PL ►!0 3 w 1114F►',►.,� � 11�►11j f►1 w `�Illlli !� 2 19TH ST A� = Q Town Branch Trail O � � j Construction 2013 w z c SEA' 1 v s Mahler Property LORENALN 24TH ST T. 2NCLYDESDALEOR ZST S"R000 LN � �}HOPS(aA •.� CHERRYST Near Term Trail Projects (Under Pj'i,, fl/ 11111 Future Trails i! O Existing Trails Multi -Use r, SKELTON ST 11 Bike Lars sq 2 ____. Bike Lane/Shared Lane W w iE Shared Lane "ILLOCK ST Sharetl Lane. One-way wS Perk Miles Page 1 of 1 Matt, Mr. Mahler's hearing for the grading violation will not likely come up on a court docket until late March or early April. If the property is brought into compliance before the hearing by Mr. Mahler, or the property is sold or even donated to the city then there will not be a need to have the hearing. Of course if the City were to receive the properly as a donation it would be prudent to have it brought into compliance as quickly as possible if it is not so already on the date of transfer. As we talked about, any code violations or especially any fines or court costs that Mr. Mahler could possibly be liable for is not transferable with the property. This holds true not just for the City but for any subsequent title holder. Let me know how it goes. Brian Brian Thomas Deputy City Prosecutor (479)575-8377 TDD (Telecommunication Device for the Deaf (479) 521-1316 file://CADocuments and Settings\mmihalevich\Local Settings\Temp\XPgrpwise\50FEC35... 1/23/2013 Park Land Dedication Parcel No. 765-15370-000 WARRANTY DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, Alex Mahler and Lori Mahler, husband and wife, hereinafter called GRANTOR, for and in consideration 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: Part of the Northwest Quarter (N Y4) of the Northwest Quarter (NWY) of Sect' n Twenty-eight (28) in Township Sixteen (16) North, Range Thirty 0} West, being more particularly describe as follows, to -wit: Beginning at a point 215 feet East of the Northw t corner of said forty acre tract and run Ing thence East 332 feet more or less to the centerline of branch, the a in a Southwest direction along cent r of branch to a point due South of the beginning point, thence North to the point of beginning, less and a cept that portion on the North side embraced in Cato Springs Road, also ss and except part of the North st Quarter (NW'/) of Section Twenty- eight (28) in Township Sixteen (16) No h, Range Thirty (30) West, de ribed as follows, to -wit: Beginning at a point 425 feet East of the Northwest co er of said forty acre tract, d running thence East 70 feet, more or less, thence South to the centerline of br ch, thence in a Southwe direction along the center of branch to a point due South of the beginning point, then a North to the point of ginning. LESS AND EXCEPT Cato Springs Road right f-way: i Quarter (NW'/) of Section Twenty -Eight (2 ,Town Washington County, Arkansas, being more pa icularl� (NW) corner of said forty (40) acre tract; thence long i feet to the POINT OF BEGINNING, being the N th9 Page 528 as recorded with the Circuit Clerk of s id 87°13'23" East 210.00 feet; thence leaving said N rtl 85018'23" West 148.65 feet; thence North 87*01'38" along said West line North 02°31'31" East 32.74 feet more or less; LESS AND EXCEPT that portion deed d 170 as recorded with said Circuit Clerk, containing . • ,3f square feet, more or less, consisting of 4,140 square f proposed right-of-way. Subject all other easements and Partof a Northwest Quarter (NW'/) of the Northwest iip Si een (16) North, Range Thirty (30) West in desc ed as follows: Commencing at the Northwest N rth line of said tract South 87°13'23" East 215.00 t W) corner of a property described in Book 1231, i ty; thence continuing along said North line South ine South 02°31'31 " West 37.93 feet; thence North A 61.45 feet to the West line of said property; thence the Point of Beginning, containing 7,283 square feet, the City of Fayetteville described in Book 704, Page )square feet, more or less; having a net total of 4,925 in existing right-of-way and 785 square feet in new g s-of-way of record, if any. TO HAVE AND TO HOLD the said lands/and appurten Grantee's successors and assigns, forever. And tie said Grantor lands and premises; that the same is unencumbe#ed, and that the said lands against all legal claims whatever. WITNESS the execution hereof on this REVENUE STAMPS AFFIDAVIT The foregoing deed has the correct amount of Revenue Stamps affixed to it or is exempt from such stamp: Signed: City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON ss. hereunto belonging unto the said Grantee and by covenant that they are lawfully seized of said rrs will forever warrant and defend the title to the of 2013. 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 Alex Mahler and Lori Mahler, husband and wife, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal this day of MY COMMISSION EXPIRES: Notary Public 2013.