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HomeMy WebLinkAbout202-18 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 202-18 File Number: 2018-0494 BOUNDARY LINE AGREEMENT/QUITCLAIM DEED: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A BOUNDARY LINE AGREEMENT AND QUITCLAIM DEED TO CLARIFY THE BOUNDARY LINE BETWEEN PROPERTY OWNED BY LARRY HENLEY, JEREMY SHARP, AND PHILLIP SPARKS NEAR SOUTH FUTRALL DRIVE AND RED ARROW SUBDIVISION WHEREAS, the City Surveyor was approached in March of 2018 by a developer seeking to purchase property located at 2240 South Futrall Drive but title to the property was not clear because the legal description in the warranty deed for the City's property shows the City's property line running through a house on the property to the west; and WHEREAS, after an extensive review of historical deeds and surveys, the City Surveyor concluded that the boundary line should be moved east approximately 18 feet on the north end and approximately 20 feet on the south end which coincides with the line that has been accepted for many decades; and WHEREAS, to confirm clear title to the adjacent parcel, the developer's title company has requested the execution of both a boundary line agreement and quitclaim deed for the approximately 0.08 acres. 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 Mayor Jordan to sign a boundary line agreement and quitclaim deed, copies of which are attached to this Resolution, to clarify the boundary line between property owned by the City and property owned by Larry Henley, Jeremy Sharp, and Phillip Sparks near South Futrall Drive and Red Arrow Subdivision. PASSED and APPROVED on 9/18/2018 Page 1 Printed on 9124118 Resolution: 202-18 File Number., 2018-0494 Approved: Attest: X"/� S. Y'A- - Sondra E. Smith, City Clerk Treasurer OillIrr��►►►►► & =c�: FAY��EVILL�: Jill I Page 2 Printed on 9124118 City of Fayetteville, Arkansas 113 West Mountain Street f] • •:.'_ .y Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2018-0494 Agenda Date: 9/18/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 13 BOUNDARY LINE AGREEMENT/QUITCLAIM DEED: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A BOUNDARY LINE AGREEMENT AND QUITCLAIM DEED TO CLARIFY THE BOUNDARY LINE BETWEEN PROPERTY OWNED BY LARRY HENLEY, JEREMY SHARP, AND PHILLIP SPARKS NEAR SOUTH FUTRALL DRIVE AND RED ARROW SUBDIVISION WHEREAS, the City Surveyor was approached in March of 2018 by a developer seeking to purchase property located at 2240 South Futrall Drive but title to the property was not clear because the legal description in the warranty deed for the City's property shows the City's property line running through a house on the property to the west; and WHEREAS, after an extensive review of historical deeds and surveys, the City Surveyor concluded that the boundary line should be moved east approximately 18 feet on the north end and approximately 20 feet on the south end which coincides with the line that has been accepted for many decades; and WHEREAS, to confirm clear title to the adjacent parcel, the developer's title company has requested the execution of both a boundary line agreement and quitclaim deed for the approximately 0.08 acres. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign a boundary line agreement and quitclaim deed, copies of which are attached to this Resolution, to clarify the boundary line between property owned by the City and property owned by Larry Henley, Jeremy Sharp, and Phillip Sparks near South Futrall Drive and Red Arrow Subdivision. City of Fayetteville, Arkansas Page 1 Printed on 9/25/2018 City of Fayetteville Staff Review Form 2018-0494 Legistar File ID 9/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Blake Pennington 8/31/2018 CITY ATTORNEY (021) Submitted By Submitted Date Division / Department Action Recommendation: Resolution to authorize Mayor Jordan to sign a boundary line agreement with Larry Henley, Jeremy Sharp, and Phillip Sparks to properly identify an unclear boundary line between City property and property owner by Henley, Sharp and Sparks near South Futrall Drive and Red Arrow Subdivision, and to sign a quitclaim deed disclaiming interest in the property at issue at the request of the property owner's title company. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council FROM: Blake Pennington, Assistant City Attoi f`~ DATE: August 31, 2018 Kit Williams City Attorney Blake Pennington Assistant City Attorney Rhonda Lynch Paralegal RE: Boundary Line Agreement and Quitclaim Deed for property near Red Arrow Subdivision In March of this year, the City surveyor's office was approached by a developer who was seeking to purchase property at the end of South Futrall near the Red Arrow Subdivision (Parcel 765-15420) and which is adjacent to property owned by the City (Parcel 765-15415- 000). City Surveyor Daryl Doyal undertook an extensive review of the historical documents in this ease. Because of measurement issues that probably go back decades, the boundary line between the City's property and the other parcel is unclear. When the City took title to the property in 2003, the legal description actually showed the City's western property line - extending through a residential structure that had been located on the adjacent parcel since the 1950s. This was clearly a mistake and it is appropriate tofx the issue so the adjacent property can be sold. Both the City Surveyor and our office agree that the City's Iegal western property line should be moved east between approximately 18 feet at the north end and 20 feet at the south end so it does not cut through the existing home. The total area is approximately 0.08 acres. The City's Surveyor prepared the attached incorporated boundary line agreement/survey showing anew agreed Myon boundary line between the two properties. The original document, which has been signed by the adjacent property owners, is too large to scan in so an unsigned copy has been included in the agenda packet for your reference. The title company handling the purchase for the developer has also requested that the Mayor sign a quitclaim deed disclaiming the City's interest in the property between the old boundary line and the new boundary line. 1 see 110 reason not to agree to this request and a proposed quitclaim deed is also attached. nos � =4 ■pr a „ I ,, , A PL 114 S S)IdVdS d1771Hd dNV 1. `A37N3HA21HV7 `ddVHSAPE 3771/13113AV-4 d0 A11', �R All s LUI e 1NgNggdf) ' gNI7AdVOf 1.1 nos � =4 ■pr a „ I ,, , A PL 114 S dill! 1. �R All ' 1 . J P$ � � i■ � y I � HUM,4 I 11 m' 6 ioll� In N❑GAICdKa Ia33NION3 m Ofl MAIAIJ �O Alli fy �I pe.zagl; dill! 1. All �I pe.zagl; QUITCLAIM DEED Doc ID: 018240450001 Type: REL Kind: QUITCLAIM DEED BE IT KNOWN BY THESE PRESENTS: Recorded: 10/02/2018 at 02:12:30 PM Fee Amt: $15.00 Pape i of 1 THAT WE, the City of Fayetteville, Arkansas, a municipal corporation, Washington county, AR hereinafter called GRANTOR, for and in consideration of the sum of One Dollar Kyle Sylvester circuit clerk ($1,00) and other good and valuable consideration, the receipt of which [s hereby File2018-00029654 acknowledged, do hereby grant, sell and quitclaim unto Jeremy Sharp, a married person, Larry Henley, a married person and Phillip Sparks, a single person, hereinafter called GRANTEE, and unto Grantee's successors and assigns, alk of our right, title and interest, in and to the following described land situated in the County of Washington, State of Arkansas, to -wit: A part of the Northwest Quarter of the Northeast Quarter of Section Twenty-nine (29), Township Sixteen (16) North, Range Thirty (30) West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said 40 -acre tract as depicted by this instrument; thence South 8703`36" East a distance of 652.78 feet along the northerly section line of Twenty -Nine to the Point of Beginning; Thence continuing South 87003'35" East 17.72 feet; Thence South 02°19'52" West 182.96 feet; Thence South 73'47'46" W est 19.88 feet; Thence North 02°39'58" East 193.46 feet to the Point of Beginning, containing 3,469 square feet, or 0.08 acres, more or less as per Boundary Line Agreement Survey filed for record as Document No, to the records of Washingt n County, Arkansas. TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. WITNESS the execution hereof on this I i , • ' day of 2018. City of Fayetteville, Arkansas, I�TRrAmu al corAaratian T • . ri M .•-`C,Oar •44� Hca: FpYET{EV1L�E;�= BY: ioneld ayor ATTEST: t� IV kAxi Sondra Smith, City Clerk (SEAL] ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF WASHINGTON BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Lioneld Jordan and Sondra Smith, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk, respectively, of City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had s❑ signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned a%lau)(ark,�I NO WITNESS my hand and seal on this I 1114) - day of MY COMMISSION EXPIRES: `4���1 .....M/ j .2018. �� �•.��`'��QN r�ra. aOTAgy��. J• r 1300 ' ti Notary Public :• •� ��.'�� y I 6 ];. ; I certify this instrument was filed on 1010212016 02,12:30 PM and recorded in Real Estate Filall 2j016-00029654 Kyi der - Circuit Clerk by "