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HomeMy WebLinkAbout248-19 RESOLUTION113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Resolution: 248-19 File Number: 2019-0651 CHRISTINA MERE ACCESS EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 223 SQUARE FEET OF CITY PROPERTY AND CONVEY AN ACCESS EASEMENT OF ABOUT 701 SQUARE FEET ADJACENT TO THE WEST BOUNDARY OF PROPERTY LOCATED AT 93 SOUTH WEST AVENUE TO CHRISTINA MERE FOR $1,215.00 WHEREAS, the City of Fayetteville owns the 100 -foot -wide vacated railroad right-of-way through which a portion of the Frisco Trail runs, which is adjacent to the west boundary of property located at 93 South West Avenue owned by Christina Mere; and WHEREAS, a recent survey discovered that a small portion of the home located at 93 South West Avenue encroaches on the City's property creating a title defect that does not allow Ms. Mere to substantially renovate or sell the home; and WHEREAS, the Mayor recommends selling approximately 223 square feet to Ms. Mere which represents the encroaching portion of the structure along with a 701 square foot access easement that will allow Ms. Mere or a future owner to maintain the property; and WHEREAS, the proposed sale price of $1,215.00 is approximately 20% of the Washington County Tax Assessor's appraised value and the discount recognizes that the property being sold is valuable only to Ms. Mere and no other person. 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 approves the Land Sale Page 1 Printed on 1116119 File Number. 2019-0651 Resolution 248-19 Agreement (attached to this Resolution and made a part hereof) for the sale of about 223 square feet of City property in fee simple along with the conveyance of an approximately 701 square foot access easement adjacent to the west boundary of property located at 93 South West Avenue to Christina Mere for the amount of $1,215.00, finds that the property is not needed for municipal purposes and should not be rezoned, and authorizes Mayor Jordan to sign the Land Sale Agreement, quitclaim deed, access easement and any other documents necessary to effectuate this sale. PASSED and APPROVED on 11/5/2019 ,,,t%Iu,n i mill/ RK 00 Attest: s FgYE� CE m_ sv • • '%,'Si•: �gS NSP������• Lisa Branson, Deputy City Clerk"f"'inni o`���` Page 2 Printed on 1119119 �T City of Fayetteville, Arkansas i Text File File Number: 2019-0651 Agenda Date: 11/5/2019 Version: 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 10 CHRISTINA MERE ACCESS EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 223 SQUARE FEET OF CITY PROPERTY AND CONVEY AN ACCESS EASEMENT OF ABOUT 701 SQUARE FEET ADJACENT TO THE WEST BOUNDARY OF PROPERTY LOCATED AT 93 SOUTH WEST AVENUE TO CHRISTINA MERE FOR $1,215.00 WHEREAS, the City of Fayetteville owns the 100 -foot -wide vacated railroad right-of-way through which a portion of the Frisco Trail runs, which is adjacent to the west boundary of property located at 93 South West Avenue owned by Christina Mere; and WHEREAS, a recent survey discovered that a small portion of the home located at 93 South West Avenue encroaches on the City's property creating a title defect that does not allow Ms. Mere to substantially renovate or sell the home; and WHEREAS, the Mayor recommends selling approximately 223 square feet to Ms. Mere which represents the encroaching portion of the structure along with a 701 square foot access easement that will allow Ms. Mere or a future owner to maintain the property; and WHEREAS, the proposed sale price of $1,215.00 is approximately 20% of the Washington County Tax Assessor's appraised value and the discount recognizes that the property being sold is valuable only to Ms. Mere and no other person. 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 approves the Land Sale Agreement (attached to this Resolution and made a part hereof) for the sale of about 223 square feet of City property in fee simple along with the conveyance of an approximately 701 square foot access easement adjacent to the west boundary of property located at 93 South West Avenue to Christina Mere for the amount of $1,215.00, finds that the property is not needed for municipal purposes and should not be rezoned, and authorizes Mayor Jordan to sign the Land Sale Agreement, quitclaim deed, access easement and any other documents necessary to effectuate this sale. City of Fayetteville, Arkansas Page 1 Printed on 111612019 City of Fayetteville Staff Review Form 2019-0651 Legistar File ID 11/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Susan Norton 9/27/2019 MAYORS ADMIN (015) Submitted By Submitted Date Division / Department Action Recommendation: Resolution to authorize Mayor Jordan to sign a land sale agreement, quitclaim deed, and access easement for the sale of approximately 223 square feet of City owned land and a 701 square foot access easement adjacent to the west boundary of property located at 93 S. West Ave. for $1,215.00 to Christina Mere. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVIL.L»E ARKANSAS MEETING OF NOVEMBER 5, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff FROM: Susan Norton, Communications Director DATE: September 27, 2019 CITY COUNCIL MEMO SUBJECT: Resolution to authorize Mayor Jordan to sign a land sale agreement, quitclaim deed, and access easement for the sale of approximately 223 square feet of City property and a 701 square foot access easement adjacent to the west boundary of property located at 93 S. West Ave. for $1,215.00 to Christina Mere. RECOMMENDATION: The Mayor recommends approval of a resolution authorizing the Mayor to sign a land sale agreement, quitclaim deed, and access easement for the sale of approximately 223 square feet of land and an easement for access to approximately 701 square feet of property adjacent to the west boundary of property located at 93 S. West Ave. for $1,215.00 to Christina Mere. BACKGROUND: In June of 2019, Christina Mere, the owner of property at 93 S. West Avenue approached the city asking to purchase a portion of the 100 foot wide vacated railroad right-of-way previously purchased by the city in 2001 in advance of the development of Frisco Trail. Neither the city nor Ms. Mere were aware that a portion of the home constructed by a previous owner in 1994 encroached on city property until a recent survey was conducted by a potential buyer of the home. The Mayor recommends selling approximately 223 square feet of City property, which includes the encroaching portion of the home, and also granting an access easement, totaling about 701 square feet, so that Ms. Mere or any future owner is able to maintain the property. DISCUSSION: The proposed sale price of $1,215.00 is 20% of the Tax Assessor's appraised value. The discounted price is in recognition of the fact that the subject land is valuable only to Ms. Mere and no other purchaser. BUDGET/STAFF IMPACT: N/A Attachments: Signed Purchase Agreement Access Easement Quitclaim Deed Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 AGREEMENT TO PURCHASE REAL ESTATE The undersigned (herein 'Purchases) hereby offers to purchase from the owner (herein "Seller") the real estate located at 93 S. West Ave. in the city of Fayetteville, County of Washington, State of Arkansas, the legal description of which is: A portion of a One Hundred (100) foot wide vacated Railroad right of way tying immediately adjacent to the west boundary of land parcel 765-02022-000, Washington County Assessor's records, tieing more particularly described as follows: Commencing at the Northeast comer of Bloat Numbered Thirty-five (35) of the Original Town (Now City) of Fayetteville, Arkansas, as shown upon the designated plat on file in the Land Reconfs of Washington County, Arkansas; thence N89°37'42W 115.26 feet along the North line of said Block Thirty-five (35) to an existing iron rebar; thence South 50.00 feet to a set 112" iron rebar; thence N89°38'06"W 46.60 feet to a set Y2' iron rebar on the east right of way line of the Vacated St Louis & San Francisco Railroad; thence N1 2'35'07'W 2.91 feet along said right-of=way line to a point on the south side of a staircase leading onto a wood deck for the true point of beginning; thence S85°00'49'W 6.92 feet along said staircase to the comer of a wood deck-, thence along the outside edge of said deck, the following bearings and distances: 585°17'31'W 3.50 feet; N05018'20"W 9.06 feet; N89°57'48"W 2.53 feet; N04*41'39"W 14.68 feet; N83°11'36"E 1.29 feet; N43°32'26"E 4.13 feet; N85'27'1 WE 5.74 feet to a point on the East line of said Vacated Railroad Right of way; said point being on the West boundary of land Parcel 765-02022=000; thence S12035'07"E 20.89 feet to the Point of Beginning, containing 0.005 acre, (223.33 square feet), more or less. upon the following terms and conditions: 1. Purchase Price and Conditions of Payment The purchase price shall be One Thousand Two Hundred and Fifteen Dollars ($1,215.00) to be paid in in its entirety in cash at tate time of dosing the sale. 2. Real Estate Taxes, .Assessments, and Adjustments Real Estate Taxes accrued against the property shall be prorated through the date of closing the sale and Seller shall pay all taxes allocated to the property through that date of acceptance of this offer to purchase. 3. Title to the Property Seiler shall convey title to Purchaser at the time of closing by a gond and sufficient quitclaim deed free and clear of all liens and encumbrances except as otherwise provided in this offer and subject to easements, zoning, and restrictions of record. 4. Possession of the Property Purchaser shall be given possession of the property on the date of closing. 5. Improvements and Fixtures Included This offer to purchase includes all improvements, buildings and fixtures presently on the real estate including but not limited to electrical, gas, heating, air conditioning, plumbing equipment, built-in appliances, hot water heaters, screens, storm windows, doors, Venetian blinds, drapery hardware, awnings, attached carpeting, radio, television antennas, trees, shrubs, flowers, and fences. Page 1 of 3 6. General Conditions It is expressly agreed that this agreement to purchase real of Purchaser and Seller. This agreement shall be binding representatives, successors and assigns of both Purchase interpreted and enforced in accordance with the laws of th e 7. Special Conditions estate includes the entire agreement upon the heirs, personal r and Seller. This agreement shall be State of Arkansas= a. Seller shall grant Purchaser an access easement attached with the right to ingress and egress to and from the Property as reasonably needed by Ms. Mere to maintain and operate the Property onto the following property'. A portion of a One Hundred (100) foot wide vacated Railroad right of way lying immediately adjacent to the west boundary of land parcel 765-02022-000, Washington County Assessors records, being more particularly described as follows: Commencing at the Northeast =net of Block Numbered Thirty-five (35) of the Original Town (Now City) of Fayetteville, Arkansas, as shown upon the designated plat on file in the Land Records of Washington County, Arkansas; thence N89037'42 W 116.26 feet along the North line of said Block Thirty=five (35) to an existing iron rebar; thence South 50.00 feet to a set 1/2" iron rebar, thence N89'38'06V 46.60 feet to a set '/2` iron rebar on the east right of way line of the Vacated St Louis & San Francisco Railroad for the true Point of Beginning; thence N12035'07V 2.91 feet along said right-of-way line to a point on the South side of a staircase leading onto a wood deck; thence S85°00'49'W 6.92 feet along said staircase to the corner of a wood deck; thence along the outside edge of said deck, the following bearings and distances: 585°17'31"W 3.50 feet; N05d18'20"W 3.06 feet; N89°57'48`W 2.53 feet; N04'41'39W 14.68 feet; N83°11'36'E 1.29 feet; N43032'26"E 4.13 feet; N85°27'19"E 5.74 feet to a paint on the East line of said Vacated Railroad Right of way, said point being on the west boundary of said land parcel 765-02022-000; thence N12635'07'W 23.85 feet along the east line of said vacated Railroad Right of way to a point in anexisting fence; thence S77°111'47"W 18.04 feet along said fence to a fence comer post; thence S07°01'54"E 43.41 feet along said fence to a fence comer post; thence N89'42'51'E 22.76 feet to a point on the East line of said vacated railroad right of way; thence N12635'07"W 0.48 fleet to the Point of Beginning, containing 0.16 acre, (701.27 square feet), more or less. This offer is made on this 97th day of September, 2019. AIM Christina Mere, Purchaser 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 Christina Mere, to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses aynd, purposes therein mentioned and set forth. WITNESS my hand and seal on this {--- dayof C1Yti , 2019. Ml COMMiSsl' .n,?o Notary Public Washington County, Arkansas Commission #12398233 Page of 3 Commission Expires April 09, 2024 COF-Mere Page2 The consideration first above recited as being paid to Grantors by Grantee is in full satisfaction of every right hereby granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. It is hereby understood and agreed that the party securing this document in behalf of the Grantee is without authority to make any covenant or agreement not herein expressed. WITNESS the execution hereof on this the 5 day of O PMb& , 2019. City of yetteville, Arkansas, Amu '?ca,,,on,ATTEST:yLi eld.FAYE71-EVI«`[e Lisa Branson, Deputy ity Cl �^ .• • •� : •.• ����` 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 Lisa Branson, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and Deputy City Clerk of the 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 municipal corporation, and further 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 on this day of 2019. MY COMMISSION EXPIRES: �vvrv' Notary Public TAFj 1P, 2 G Z� �S% E' UBO� Parcel No. 765-02030-000 ACCESS EASEMENT BE IT KNOWN BY THESE PRESENTS: THAT the City of Fayetteville, Arkansas, a municipal corporation, 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, SELL and CONVEY unto Christina Mere, hereinafter called GRANTEE, and unto Grantee's successors and assigns, a permanent easement for ingress, egress and access purposes in, on, over, and across the following described land situated in the County of Washington, State of Arkansas, to -wit: PROPERTY DESCRIPTION: (QCD 2001-117677, Tract 2 only) A portion of a One Hundred (100) foot wide railroad right of way, now discontinued, being 50.0 feet wide on each side of the Main Track centerline, as originally located and constructed across Block 35 of the Original Town of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northeast corner of Block 35 and running thence West 171.96 feet along the North line of Block 35 to the East line of the railroad right of way for the point of beginning; thence leaving the North line of Block 35 and continuing along the East line of the railroad right of way long a curve to the right an arc length of 260.25 feet to a point of compound curve, said curve having a radius of 2096.53, a central angle of 07°06'45" and a long chord of S07000'40"E 260.09 feet; thence along a curve to the right arc length of 67.92 feet to a point on the South line of Block 35, said curve having a radius of 1728.65, a central angle of 02015'04" and a long chord of S02019'46"E 67.91 feet; thence leaving the East line of the railroad right of way and continuing along the South line of Block 35, West 100.02 feet to the West line of the railroad right of way; thence leaving the South line of Block 35 and continuing along the West line of the railroad right of way along a curve to the left an arc length of 61.89 feet to a point of compound curve, said curve having a radius of 1628.65 feet a central angle of 02°10'38" and a long chord of NO2°21'59"W 61.88 feet; thence along a curve to the left an arc length of 266.51 feet to the North line of Block 35, said curve having a radius of 1996.53 feet, a central angle of 07°38'54" and a long chord of N07'1 6'45"W 266.31 feet; thence leaving the West line of the railroad right of way and continuing along the North line of Block 35, East 101.81 feet to the point beginning, containing approximately 32,828 square feet or 0.75 acre, more or less. Subject to any easements and/or rights of way of record. PERMANENT ACCESS EASEMENT DESCRIPTION: A portion of a One Hundred (100) foot wide vacated Railroad right of way lying immediately adjacent to the west boundary of land parcel 765-02022-000, Washington County Assessor's records, being more particularly described as follows: Commencing at the Northeast corner of Block Numbered Thirty-five (35) of the Original Town (Now City) of Fayetteville, Arkansas, as shown upon the designated plat on file in the Land Records of Washington County, Arkansas; thence N89°37'42"W 115.26 feet along the North line of said Block Thirty-five (35) to an existing iron rebar; thence South 50.00 feet to a set 1/2" iron rebar; thence N89°38'06"W 46.60 feet to a set 1/2" iron rebar on the east right of way line of the Vacated St Louis & San Francisco Railroad for the true Point of Beginning; thence N 12°35'07"W 2.91 feet along said right-of-way line to a point on the South side of a staircase leading onto a wood deck; thence S85000'49"W 6.92 feet along said staircase to the corner of a wood deck; thence along the outside edge of said deck, the following bearings and distances: S85°17'31"W 3.50 feet; N05°18'20"W 3.06 feet; N89°57'48"W 2.53 feet; N04°41'39"W 14.68 feet; N83'1 1'36"E 1.29 feet; N43°32'26"E 4.13 feet; N85°27'19"E 5.74 feet to a point on the East line of said Vacated Railroad Right of way, said point being on the west boundary of said land parcel 765-02022-000; thence N12°35'07"W 23.85 feet along the east line of said vacated Railroad Right of way to a point in an existing fence; thence S7701 1'47"W 18.04 feet along said fence to a fence corner post; thence S07°01'54"E 43.41 feet along said fence to a fence corner post; thence N89°42'51 "E 22.76 feet to a point on the East line of said vacated railroad right of way; thence N12035'07"W 0.48 feet to the Point of Beginning, containing 0.16 acre, (701.27 square feet), more or less. Together with the rights, easements, and privileges in or to said lands which may be required for the full enjoyment of the rights herein granted. TO HAVE AND TO HOLD unto said Grantees, their heirs, successors and assigns, for the uses and purposes hereinabove set forth. The Grantor agrees not to erect any permanent buildings or structures in said access easement area. QUITCLAIM DEED BE IT KNOWN BY THESE PRESENTS: THAT WE, the City of Fayetteville, Arkansas, a municipal corporation, 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, sell and quitclaim unto Christina Mere, 93 S. West Avenue, Fayetteville, Arkansas, hereinafter called GRANTEE, and unto Grantee's successors and assigns, all 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 portion of a One Hundred (100) foot wide vacated Railroad right of way lying immediately adjacent to the west boundary of land parcel 765-02022-000, Washington County Assessor's records, being more particularly described as follows: Commencing at the Northeast corner of Block Numbered Thirty-five (35) of the Original Town (Now City) of Fayetteville, Arkansas, as shown upon the designated plat on file in the Land Records of Washington County, Arkansas; thence N89°37'42"W 115.26 feet along the North line of said Block Thirty-five (35) to an existing iron rebar; thence South 50.00 feet to a set 1/2" iron rebar; thence N89038'06"W 46.60 feet to a set 1/2" iron rebar on the east right of way line of the Vacated St Louis & San Francisco Railroad; thence N12°35'07"W 2.91 feet along said right-of-way line to a point on the south side of a staircase leading onto a wood deck for the true point of beginning; thence S85000'49"W 6.92 feet along said staircase to the corner of a wood deck; thence along the outside edge of said deck, the following bearings and distances: S85017'31 "W 3.50 feet; N05018'20"W 3.06 feet; N89°57'48"W 2.53 feet; N04°41'39"W 14.68 feet; N83'1 1'36"E 1.29 feet; N43032'26"E 4.13 feet; N85027'1 9"E 5.74 feet to a point on the East line of said Vacated Railroad Right of way , said point being on the West boundary of land Parcel 765-02022-000; thence S12°35'07"E 20.89 feet to the Point of Beginning, containing 0.005 acre, (223.33 square feet), more or less. Subject to easements and rights-of-way, protective covenants and mineral reservations of record, if any. 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 day of e 2019. City of F/)hyetteville Arkansas, A munidipal cor ora 'on , -1-1 BY: �Jordan, c,YpF%9SG�ioneld r '.� A TEST: _v. � t.,_ • FAYETTEVi •-; == —�; LLE; Lisa Branson, Deputy City Clete s—,• 1kA NSP ••� �� [SEAL] l ` 1/11' 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 Lisa Branson, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and Deputy 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 so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. 411 WITNESS my hand and seal on this is►e!!►r ay of 2019. MY COMMISSION EXPIRES: *SNON #�2 ••� �i ��•�r`r Q� / �•co tkOTAR), V�`� ✓ =�• •u�� Notary Public LO • � - . F DL �•. Q: RETURN FILED COPY TO: Debby Winter 468,7,F'­ � 11e AR 72702 CO U N� � '�rtra[!lwe�� Space Above reserved for use by Recorder's Office When recorded, mail to: Debby Winters PO Box 3687 Fayetteville, AR 72702 This Quitclaim Deed is made on between The City of Fayetteville, Document Prepared by: Debby Winters 34 East Center Street, Suite 13 Fayetteville, AR 72701 QUITCLAIM DEED loll Grantor, of 113 West Mountain Street, County of Washington, City of Fayetteville, State of Arkansas, and Christina Mere, Grantee, of 93 S West Avenue, County of Washington, City of Fayetteville, State of Arkansas. For valuable consideration, the Grantor hereby quitclaims and transfers all right, title, and interest held by Grantor in the following described real estate and improvements to the Grantee, and her heirs and assigns, to have and hold forever: A PORTION OF A ONE HUNDRED (100) FOOT WIDE VACATED RAILROAD RIGHT—OF—WAY LYING DJUEDIATELY ADJACENT TO TETE 'W'EST BOUNDARY OF LAND PARCEL 765-0,2022--000, LAND RECORDS OF WASHMTON COUNTY. ARKANSAS, BEING L40R.E PARI)CULARLY DESCRIBEL} AS FOLLOWS,. COMMENCING AT THE NORTHEAST CORNER OF BLOCK NUUBMED THIRTY—FIVE (35) OF THE ORIGINAL TO'W'N (NOW OM OF FAYETTEVIL.LE, ARKANSAS, AS SHOWN UPON THE DESIGNATED PLAT ON FSE IN THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS; THENCE N8 '37"42"W 115.26 FEET ALONG THE NORTH UNE OF SAID BLOCK THIRTY --FIVE (35) T4 AN EXISTING IRON REBAR; THENCE SOUTH 50.00 FEET TO A SET 1/2" IRON REBAR; THENCE NS9'38`06"N 46.60 FEET TO A SET 1/2" IRON RE13AR ON THE EAST RIGHT—OF—WAY LINE OF THE VACATED ST. LOUIS do SAN FRANCISCO RAILROAD FOR THE TRUE POINT OF BEGINNING; THENCE N12"35'07"W 2.91 FEET ALONG SAID RIGHT--OF—WAY LINE TO A POINT ON THE SOUTH SIDE OF A STAIRCASE LEADING ONTO A WOOD DECK; THENCE SBVOO"49""f`I' 6.92 FEET ALCM SAID STAIRCASE TO THE CORNER OF A WOOD DECK; THENCE ALONG OUTSIDE EDGE OF SAID DECK. THE FOLLOW`114G BEARINGS AND DISTANCES; S85' 17'31 "W 3.50 FEET; NQS' 18'2O'W 3.06 FEET; N89'57'48'W 2.53 FEET, N04 41 "39" W 14.68 FEET. N&T 1 t '36E 1.29 FEET; N43'32'26 "E 4.13 FEET; N85 27'19`E 5.74 FEET TO A POINT ON THE EAST LINE OF SAID VACATED RAILROAD RIGHT—OF—WAY, SAID POINT BEING ON THE 'WEST BOUNDARY OF LANs} PARCEL 765-02022-000. THENCE S12*35'07"E 20.89 FEET TO THE POINT OF BEGINNING. CONTAINING 0.005 ACRES (223.33 SQUARE FEET), MORE OR LESS. Page 1 of 3 Subject to all easements, rights of way, protective covenants, and mineral reservations of record, if any. Taxes for the year of 2019 shall be prorated between the Grantor and Grantees as of the date of recording this deed. Dated: ' I _ 5 _ � d) q IN WITN SS WHEREOF, Grantor has executed and delivered this Quitclaim Deed under s al as of thday and year first above written. rantor's Sig L'► one 1 d �o�r ave Name of Grantor A�.. �� 0-ta Witness #1 Signature Witness #1 Name 113 W A,0&4nta►w S-ITPe Address Vaa",� , Ak W City, tate & Zip Signature Witness #2 Name Address V t-4-c-vc 1(e -+4- i27J City, tate & Zip Page 2 of 3 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON I, the undersignedtt a No ary Public in and for said County, in said State, hereby certify that �,0`f\�,�A, 0b whose names are signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, they, executed the same voluntarily on the day the same bears date. (( �q Given under my hand this J�day of 20 011111111111111, Notar L� D Jp�i� y Public x • rA �� o�� pTARy`�o•�% My Commission Expires: —ra y• PUBL%r' ."es8-10- Page 3 of 3 CERTIFICATE OF MAILING 1 hereby certify that a true and correct copy of the attached written notice was placed in the U. S. mail, first-class, postage prepaid this 17th day of October 2019, and addressed as follows: See attached Name: Street: City, State, Zip: Name: Street. City, State, Zip. Name: Street. City, State, Zip: Name: Street. City, State, Zip: Name: Street: City, State, Zip.- Name: ip.Name: Street: City, State, Zip: Andrew Harrison (name of person completing the mailing) kL,-� (signature of person completing the mailing) City File No. /Name: _ADM 19-6870 MCKEE, DAVID W &ALICE M 14443 MINERAL SPRINGS RD 'WEST FORK AR 72774 MYERS FAMILY PROPERTIES LLC 514 S LOCUST AVE FAYETTEVILLE AR 72701 MERE, CHRISTINA A 93 S WEST AVE FAYETTEVILLE AR 72701' WEST STREET CONSORTIUM LLC _ 107SWESTAVE FAYETTEVILLE _ AR 72701 DRUDING, DAVID 107 S WEST AVE FAYETTEVILLE AR 72701 SMITH, CRAIG M REVOCABLE LIVING 17SWESTAVE !FAYETTEVILLE AR 72701 OSTNER, ALAN M &JENSEN, MOLLY R '312 S BLOCK AVE FAYETTEVILLE AR 72701 URQUIZU FAMILY REVOCABLETRUST __..... . _ 14123 W MARLOWE LN FAYETTEVILLE _ AR W 72704' PICTOR, SATKARM & TERESA 6SWESTAVE AR FAYETTEVILLE AR _.._ 72701 JOHNSON, MARY CATHERINE PO BOX 1585 FAYETTEVILLE AR ' 72702 TRAILSIDE TOWNHOMES LLC 2494 N SURTEES PL FAYETTEVILLE AR 72704 SACHAROFF,LAURENT;51SWESTAVE 727011 FAYETTEVILLE AR 72701 BRICENO, NESTOR '533 W CENTER ST FAYETTEVILLE AR _ 72701 REBOLLEDO HOLDINGS LLC 936 SPORTS FAN DR APT 204 FAYETTEVILLE AR 72701'. KOLBERG, MARK T& CLAIRE 2484 N SURTEES PL 1 FAYETTEVILLE � AR 72704; Current Resident 111 S WEST AVE FAYETTEVILLE AR 72701 72701 Current Resident 107S WEST AVE 1 FAYETTEVILLE AR 72701 Current Resilient 533 W CENTER ST FAYETTEVILLE AR 72701 Current Resident 115SWEST AVE FAYETTEVILLE AR Current Resident 101SWEST AVE A2 FAYETTEVILLE AR 72701 Current Resident 101 S WEST AVE Bl FAYETTEVILLE JAR 72701 Current Resident 105 S WEST AVE 3 FAYETTEVILLE ,AR 72701 Current Resident 101 S WEST AVE B2 FAYETTEVILLE AR 72701 Current Resident 105SWEST AVE 1 FAYETTEVILLE AR 72701 Current Resident J53 S WEST AVE FAYETTEVILLE AR 727011 Current Resident 175 S WEST AVE FAYETTEVILLE AR 727011 Current Resident 77 SWEST AVE FAYETTEVILLE AR 72701' Current Resident X51 S WEST AVE FAYETTEVILLE AR 72701 CurrentResident 101SWEST"__ FAYETTEViLL11 E AR 72701 Current Resident 105 S WESTAVE 2 FAYETTEVILLE AR 72701 Current Resident 107SWEST AVE 2 FAYETTEVILLE AR 72701 UB H— fi M OM d 4 (:ITY`PLANNfNG ►i CITY OF FAYETTEVILLE ARKANSAS October 1, 2019 Public Notice- Sale of municipally owned real property Dear Property Owner, Please be aware that the Fayetteville City Council will consider a resolution to sell 223 square feet of municipally owned land (parcel: 765-02030-000) to Christina Mere for $1,215. In June of 2019, Christina Mere, the owner of property at 93 S. West Avenue approached the city asking to purchase a portion of the 100 -foot -wide vacated railroad right-of-way previously purchased by the city in 2001 in advance of the development of Frisco Trail. Neither the city nor Ms. Mere were aware that a portion of the home constructed by a previous owner in 1994 encroached on city property until a recent survey was conducted by a potential buyer of the home. The Mayor recommends selling approximately 223 square feet of City property, which includes the encroaching portion of the home, and also granting an access easement, totaling about 701 square feet, so that Ms. Mere or any future owner is able to maintain the property. This possible sale will be considered by the City Council during it's 5:30 p.m. meeting on November 5, 2019 in Room 219 of City Hall, located at 113 W. Mountain Street. If you wish to learn more about this proposed sale, please contact Devin Howland, Director of Economic Vitality at 479.575.8221. You are also invited to attend the November 5, 2019 City Council meeting and make comments when the resolution is presented for the City Councils consideration. Sincerely, Devin Howland Director of Economic Vitality City of Fayetteville, Arkansas Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 NOTICE OF PUBLIC HEARING A meeting of the City of Fayetteville City Council will be held on November 5, 2019 at 5:30 p.m., in room 219, Fayetteville Administration Building at 113 W. Mountain Street, Fayetteville, Arkansas, 72701. The following item is required to be published in the local newspaper pursuant to the Code of Ordinances of the City of Fayetteville and will be heard at the November 5, 2019 Fayetteville City Council meeting. ADM 19-6870: SALE OF MUNICIPALLY OWNED REAL PROPERTY): Submitted by CITY STAFF for property located at 93 S. WEST AVE. The Fayetteville City Council is considering the sale of approximately 223 square feet it owns at 93 S. WEST AVE. to Christina Mere for $1,215. The public hearing will be considered by the City Council during its November 5, 2019 meeting at 113 W. Mountain Street, Room 219 Branson, Lisa From: Cathy Wiles <cwiles@nwadg.com> Sent: Monday, October 14, 2019 4:02 PM To: Harrison, Andy Subject: RE: Draft ad for next edition Hi Andy, this has been scheduled to run on Friday 10/18 cost is $ 46.80 Thanks Cathy Cathy Wiles Classified Sales Manager I cwiles@nwadg.com 479-571-6421 100 Northwest Arkansas Democrat -Gazette www.nwadg.com Our community. Our paper. 212 N. East Ave. Fayetteville, AR 72701 From: Harrison, Andy [mailto:aharrison@fayetteville-ar.gov] Sent: Monday, October 14, 2019 1:49 PM To: Cathy Wiles Subject: Draft ad for next edition Cathy, Can you please run this ad in the next available edition but no later than Friday, Oct 18? Thank you. Andy Harrison Development Coordinator Planning Division 125 W. Mountain City of Fayetteville, Arkansas 72701 a h a rri so n (a-)fayettevi I le -a r. g ov ) T 479.575.8267 1 F 479.575.8202 Website I Facebook I Twitter I Instagram I YouTube CITY of AIWA BAS