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HomeMy WebLinkAbout244-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 244-19 File Number: 2019-0706 ARCHIVED ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 2,621 SQUARE FEET OF CITY PROPERTY AND CONVEY A 124 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT FOR THE TOTAL AMOUNT OF $1,225.00 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 sell approximately 2,621 square feet of city property and convey a 124 square foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (South School to Armstrong) Project for the total amount of $1,225.00. PASSED and APPROVED on 11/5/2019 ```�pu t i t r►r����� Attest: FA YE rr S Lisa Branson, Deputy City-' Page 1 Printed on 1116119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File — File Number: 2019-0706 Agenda Date: 11/5/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A 6 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 2,621 SQUARE FEET OF CITY PROPERTY AND CONVEY A 124 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT FOR THE TOTAL AMOUNT OF $1,225.00 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 sell approximately 2,621 square feet of city property and convey a 124 square foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (South School to Armstrong) Project for the total amount of $1,225.00. City of Fayetteville, Arkansas Page 1 Printed on 111612019 Matt Casey Submitted By City of Fayetteville Staff Review Form 2019-0706 Legistar File ID 11/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/18/2019 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of the dedication of approximately 2621 square feet of property to the Arkansas Department of Transportation for use as highway right of way on the Highway 16 (S. School to Armstrong) project. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA 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 I' I Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 5, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Chris Brown, City Engineer FROM: Matt Casey, Engineering Design Manager DATE: October 18, 2019 CITY COUNCIL MEMO SUBJECT: Dedication of Right of Way on Highway 16 to ArDOT for Highway 16 improvements project. RECOMMENDATION: Staff recommends City Council approval of the dedication of approximately 2621 square feet of property to the Arkansas Department of Transportation for use as highway right of way on the Highway 16 (S. School to Armstrong) project. BACKGROUND: ArDOT is planning a project for the widening of Highway 16 (151h Street) from S. School Avenue to Armstrong Drive. The proposed project includes widening the existing roadway to 4 lanes with bike lanes and sidewalks. The City owns property on both sides of the highway in this area. A portion of this property will be needed by ArDOT for right of way to construct the roadway improvements. DISCUSSION: ArDOT is currently in the right of way acquisition phase of the project and has presented the City with offers for land on either side of Highway 16 as follows: 1) Tract 6, located at the northeast corner of Highway 16 and S. Washington Ave., consists of approximately 2413 square feet of right-of-way (ROW) and 124 square feet of temporary construction easement (TCE). ArDOT has offered $1,050.00 for the ROW and TCE. 2) Tract 48, located at the southwest corner of Highway 16 and Morningside Drive consists of approximately 208 square feet of right-of-way. ArDOT has offered $175.00 for the ROW. In total, ArDOT proposes to acquire 2,621 square feet of ROW and 124 square feet of TCE. The total offer amount is $1,225.00 for the acquisition areas. Many times, in the past, the City has dedicated ROW to ArDOT for highway widening projects. Usually this ROW is a conversion from City ROW to State ROW. County records show that the City acquired these properties in the 1960's. It appears that the intended purpose of these parcels was to be used as street and highway right of way. Therefore, staff recommends that Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the City dedicate these rights of way and the temporary construction easement at no cost to ArDOT. BUDGET/STAFF IMPACT: No impact. Attachments: Tract 6 Offer Tract 6 Contract to Sell Tract 6 TCE Tract 6 Plans Tract 48 Offer Tract 48 Contract to Sell Tract 48 Plans ARKANSAS DEPARTMENT OF TRANSPORTATION WOF ARD019ov I IDriveArkansas.com I Scott E. Bennett, P.E., Director RIGHT OF WAY DIVISION RKANSAS DEPARTMENT 10324 Interstate 30 P.O. Box 22611 littteRock,AR72203-2261 TRANSPORTATION Phone: 501.569.2311 Fax: 501.569.2018 1 Toll Free: 877.569.0120 f oyer4e r 56 am Date City of Fayetteville, Arkansas Job 040579 College Ave.- Huntsville Rd. (Sel. Secs.) (Fayetteville) (S) Washington County Tract 6, 6E-1 Dear Property Ownet(s): An Acquisition Agent for the Arkansas State Highway Commission presented to you a Contract to Sell offering to purchase the fee simple title to your property needed for highway purposes. A description of the property needed is attached hereto. The acquisition agent will contact you within 10 business days for your response that should include all issues or concerns you may have regarding the offer. It is anticipated that negotiations should be concluded within 30 calendar days from the date of the initial contact. The offer of $1,050.00 is based on the opinion of a qualified real estate appraiser. The offered amount is based on the market value concept and is broken down as follows: $1,025.00 as just compensation for the realty to be acquired, and $25.00 for the Temporary Construction Easement. Should you elect to accept this offer, the State will determine if you can convey a merchantable title, and if so, a proper deed conveying the land to the Arkansas State Highway Commission will be prepared and you will be paid the amount contained in the written offer. If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects to do so, a condemnation suit will be filed, and the amount that the Arkansas State Highway Commission has determined to be estimated just compensation for your property will be deposited into the registry of the Circuit Court of Washington County. You may at this time elect to accept the amount deposited as just compensation for your property. If you elect to do so, the Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation, and this amount will be paid to you thereby disposing of the condemnation suit. Page 2 City of Fayetteville, Arkansas If you do not elect to accept the amount deposited as estimated just compensation, then you may withdraw the amount placed on deposit as estimated just compensation without prejudice to your rights to claim additional compensation. In this event, you will be entitled to a trial by jury by the Circuit Court of Washington County in which your lands are situated to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you prior to vacating your property. Yours truly, Jennifer R. Williams, P.E. Division Head Right of Way Division JRW:kt JOB NAME: College Ave.- Huntsville Rd. (Sel. Secs.) (Fayetteville) (S) JOB 040579 TRACT 6 CONTRACT TO SELL REAL ESTATE FOR HIGHWAY PURPOSES Grantor: City of Fayetteville, Arkansas Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save and except 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, situated in the County of Washington, State of Arkansas, to wit: LEGAL DESCRIPTION Part of Lot 5, Block 7 of Berl Dodd Addition also being part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at point being used as the Northwest corner of Lot 4, Block 8 of Berl Dodd Addition, said point being on the Easterly right of way line of South College Avenue as established by the plat of Berl Dodd Addition filed on April 23, 1926; thence South 02054'09" West along said right of way line a distance of 90.70 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence South 870 11' 10" East along said right of way line a distance of 327.10 feet to a on the Easterly right of way line South Washington Avenue as established by the plat of Berl Dodd Addition filed on April 23, 1926 for the POINT OF BEGINNING; thence North 030 01' 54" East along said right of way line a distance of 28.01 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 040579; thence South 65° 26' 20" East along said right of way line a distance of 44.27 feet to a point; thence North 88° 00' 55" East along said right of way line a distance of 101.21 feet to a point on the Westerly right of way line of a 10.00 foot alley as established by the plat of Berl Dodd Addition filed on April 23, 1926; thence South 020 50' 59" West along said right of way line a distance of 20.07 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence North 870 11' 10" West along said right of way line a distance of 142.07 feet to a point of beginning and containing 2,413 square feet more or less as shown on plans prepared by the ARDOT referenced as 040579. 11/29/17 DS ® Uncontrolled Access ❑ Partially Controlled Access — Access break from Station to Station ❑ Fully Controlled Access ❑ Fully Controlled Access with a frontage road ❑ Maintenance Agreement PREAUDITED AND ACCEPTED: Property Manager to Negotiator Date11-SA PAYMENTDUE------------------------------------------------=------------------------------------------------- 11025.00 (Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be paid after approval of title and execution of a deed as hereinafter provided). The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s) will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the "Contract to Sell". The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the conv�yaCce to 1 v Dated this 5-� day of _10 Signature Signature Signature ACKNOWLEDGMENT STATE OF ) SS COUNTY ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within and for the aforesaid County, on this day personally appeared L1 pn4.kX T6� well kown to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me that '' executed the same for consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this day of1\*0jo.JXY , 20Iq M COMMISSION EXPIRES: k- D.id yzz�i Q`�0 *gOh # 9 OTAR0' NOT Y PUB C Ny��o.Z; i'�N COUN������` lll! alll\� Form (Rev. P Departi Internal W-9 Request for Taxpayer Give Form to the lovember 2017) Identification Number and Certification requester. Do not nentofthe Treasury send to the IRS. Revenue Service ► Go to www.its.gov/ForinW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this fine; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not individuals; see instructions on page 3): ❑ Individuallsole proprietor or ElC Corporation ElS Corporation ❑ Partnership ElTrusVestate single -member LLC Exempt payee code (f any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 11 - Note: Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is rode (if any) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► oxhas ro accounts maintafma ouwde me us) 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 6 City, state, and ZIP code 7 List account number(s) here (optional) JUM Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SHowever, for a - m _ resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). ff you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F -F—] 103M Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person ► Date 10 - General General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Forr11 W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) MORTGAGE AUTHORIZATION Form must be filled out completely, signed and submitted to the Right of Way Division/Administrative Section immediately following first contact. Job #: Tract#: G Property Owner: CJ Q eV) I Address: Telephone #: Mortgage Company: Y) Address: Telephone #: Loan #: Contact Person: Due to the construction of the above-mentioned project, we are acquiring property from your mortgagor. It will be necessary to obtain a Partial Release from your company. The mortgagor is aware that some or all the proceeds from this transaction may be required to be applied to the principal balance of the mortgage. The mortgagor is also aware that we will be negotiating only with the mortgagor and that any checks for funds conveyed will be made to the property owner. If no mortgage exists, write "NONE and sign below where indicated." This form must be completed and signed by the property owner, whether a mortgage exists or not. By our signatures we are authorizing the Arkansa Release. Property Owner / Mortgagor's Signature: the process necessary to obtain a Partial JOB: 040579 TRACT: 6E-1 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT City of Fayetteville for and in consideration of twenty, ($25.00), and other valuable considerations, to us cash in hand paid by the Arkansas State Highway Commission, the receipt of which is hereby acknowledged, do hereby give and grant to the Arkansas State Highway Commission, it's successors and assigns an exclusive temporary right of way and temporary easement for the sole purposes necessary for Highway construction, together with free ingress and egress, to, across, through and over the lands shown on the Right of Way Plans for Job No. 040579, and designated as Tract No. 6 situated in the County of Washington, State of Arkansas. This temporary easement as conditioned above shall terminate when the above subject job has been completed by the contractor and accepted by the Arkansas State Highway Commission. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission and to its successors and assigns for and during the term aforesaid and for the purposes hereinabove set forth. W SS mX signature of this day of t ovewle/y— 20 . Signature Signature ACKNOWLEDGMENT STATE OF ) SS COUNTY ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, acting within and for the aforesaid County, on this day personally appeared L,I,0INI l a 1 rd&n well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me that executed the same for consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public 5-�"day of , 20. 6- to -I - MY COMMISSION EXPIRES: +SSS\ON koTARy • d� Z� PUBLIG �i C •:'foes 8-10"1•'Q���� I ; of �,, RIGHT OF WAY SIGNS AND �••• SYMBOLS STATE OF ARKANSAS �.a.a.,•..aE. STATE HIGHWAY COMMISSION -- RIGHT 1L O F WAY MAP COLLEGE AV Ea-HUNTSVILL E RD. (SEL. SECS.) (FA Y ET°lI°IEVIL L]E) (S) �m WASHINGTON COUNTY ROUTE 16 SECTION 3 JOB 040579 --- LAYOUT NOT TO SCALE e I,.diro V STA. 604.76.32 ��SO""'• `M.. •�� i'S 112 �11� END R/ W ACQ. JOB 040579 �ew.0 s.u.. .m.. LT G l' 112 os oee •ay.e,a BEGIN R/W ACQ. FAYETTEVILLE •• t'' JOB EXCEPTION I o.s P p 6IJ58 .•r ' �• ''w STA. 605+52. 00 A N'{ T END CONST JOB 040579 O o"a BEGIN R/ W ACQ. JOB 040579 PT 16 .I l6 - - STA. 598.00 • a••• " >ow, Z.9 'pay man.» i iy END CONST JOB EXCEPTION • ^• ....a,,. *-� - - _ STA. 527+94. 00 STA. 598+00 N 'ti ,`•- R/W JOB EXCEPTION BEGIN CONSTJOB 040579 0 _ .i" LOG MILE 0.900 71 — STA. 580+50+00 BEGIN CONST. �a JOB ---- JOB EXCEPTION R 30 W R 29 W 4//9/20/8 N Martin Jean iqy E'I K 136 OSO 030 Zl7A IBB 48 CHyd fO<IMIIeMb'maf /15 0I! OW 5812 20B Q M1/b EN«p1sS11C IN 078 002 33775 922 Berl Dodd Addltlon .'/AM Sr19l« LN.y rruM "' 09 Oa 22392 232 Lot SGedule 16E voa DF. Nwfma %Ia°':1 ICE 15E 1-w :« N 61M Lbrwe H as 30 Rer. 091 Oa 39852 395 .rrs CE I E -IOM «x p 663 y111 6 TR. BLOCK LOT S0. FT. ACO. RESIDUAL e • o Bass ! e 42 Vbb YIB« 59 P- a3J Bal N297 1TN H e ar114 9 Ber. OJI 002 7319 M ICE I1E/-0aa1 ■ v 513 1971. x 11 I 14E .0 ..wn waBp 061 OM 29JBI JbSe TCE KKn0Dlecf «2B/.y.11. x N1 ] AMCFMS 11Vevaw1n11C 61 B«. w wz X%9 SJZB xp%S H ) T r0 mm % llan)'W_ftwI/ LU: 528w:2 093 OW ISISZ 207 itlEl-0aa[t« n. I. 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Aq W Fvlwwlwl I« IYp1 NVpam1 33 B H 6W USED 0 W. d 1r «tl Ygdk vM9•HM' 732 8«. 2895 w 12]9155 MD 8 9 Cd, 9 CNB Ddq.- 32 2165 Oa' 1173AC 2SB 59 1S 118 B wl1M«n d 23 "s 031 481199 /6258 18 1 Bl81J.Wc/pb1 20/ . 030 ODS 12939 3.413 ICE TE-/•Oao ±x S.p.I1.3 1 COLLEGE AVE.-HUNTSVILLE RD. 6 CAF1 Faxarnlnlalanaaa 19 02 Bab 022 2.03 TCE a -N21 n.n.x 6 SE Sdn RW11m 'm TCE Sf-nn9 .a9lnx 6 (SEL. SECS.) (FAYETTEVILLE) t5) I -1N 111Cm.., ee.r. 029 Buz /4518 839 - 6 ARKANSAS STATE HIGHWAY COMMISSION 3 C«1Mro1wPawanw«/11cuc Bia... 029 Boz 1Z513 Bw 6 RIGHT OF WAY MAP v1eTB TB % °r sl1 2 l0r USED JOB 040579 WASHINGTON COUNTY ��paaM 6dnncPlr ner. els Da 381b2e s% TC11Enoawr«I%a6n: 6 azzm Mcnswns 0. SHEET J OF N Railroad Spike _ P T -l6 -N R 30-W N Y6 Cor. p 1 !x Sec's 21 &22 S W N W l "' BERL DODD ADD: / mint I -- ----tom - p „ S8r36'48'E.I� S. A T'LT. i 22-EXIST.RIW N16Y Iv BERL DODD ADDITION - 1 < wI I �I NW -Cor. N BLK , �� •�! -r p °I� .'-5E/_ a SS � til - _ _ _ - 6El mv�sv I k O .. 13865' EXIST.R/W = o��' NI Bloc 4 -- h Z =1 TCE uil - IY -. S8rlY5rE,� N8r34'54'WTCE � 13865' - I ��"EX/ST.R/N-O 40�"Io i� N, I'° _ O14/79'1 �I� I E oRES.•2 RES.•/1676 sq./l+ Iti * -; �Ag.�Is 6 M I al' RES.•l1739sp.h 309 sq.p. `G �A.527+53.03 S NEN8r-2Y3ny 7 a w GIN"RlW ACQ.JOB 040579 21��� i 13859 —� { p0 - --- •� l7PROP.R/V�'l I87 3 EXIST.R/W 586'24'43'£ - - = -gam-- 1r -_-_-_-_--_ p - N8L/YIOW: :J3855'.. ... N6r/1/OW 13855 X"_. _4GSQ0_\'4PA /1099:L= I ...475' 10D0' 495 :� -- _ -.1040'_ _L_ �•,,�-- -Const_CL S882aE Si Hwy - l6 ----------- J-- 58�0/08E --- - ----------- - – la --- ------–__RhA1 a_---uwzs - ---- ----- — ___ _ EX/ST.R/lY_ _-_ 52041 aE -_-_ _ __ meq.. - - - _ _ _ - -- -_ 15'-83/c, X1 /w 1 _ 6 yiRebar .. - m. _ 58T3Y06'f - 23523 �"'' _ �^ -_ _ .. _ _.-.... .. N860 '165Y 23525' 11233' 45,59_. C13- IY(0'Ea P.O.C. ' l q �a C y SAe.'S21'&22 h 9 r PROP. R/W m } N $ u4 Set Cor ^ z . }I` m ' ` W'� �• - gl, ion 6g455g di 44E-1 9E-/ i STA 527+94.00 - 1 r; O rcE i rcE wRES.• 8.75 ac. —^ BEGIN CONST JOB 040579 �.IQ N l'I -- rn TCE fY I o I o 380.990 sq./1+ � � Q til^ 44 2 - o-ei W N RES, 2464 M.w NE SE NW SW N i' 3945°�: ;`+ 1.073520 sq.n.t 21 I I 22 Line Table COLLEGE AVE.-HUNTSVILLE RD. Name Length Direction (SEL. SECS.) (FAYETTEVILLE) (S) LI z6.zo s 52 40 3z"E ARKANSAS STATE HIGHWAY COMMISSION L2 21.13' N 33'35'14" E L9 10.00' S 02'48.50"W RIGHT OF WAY MAP LIO 6.32' S 87'11'10" E L13 7.77' S 01.54.51' W JOB 040579 WASHINGTON COUNTY LI4 37.12' N 88'01'08" W o , SCALE: I"=50' SEE, 6 Of h STA. 327.26 N RACE SIL 527.98 Cq 1—T SIE.5-27 C0lSTROCT il.5b•99 CMSIRUE • 58'n.L PPE CLLVLPT M WEI Ox I. x: �r r� MM WET Ox Ox ON LT.x• S'A- ix xO6LS.1T.6 17. lx BACA MENNO A.D b' • 'lr PPF CuvfPl 2 Mix Esi51wO M[ NCi PETW • 23- • 52 cx PP[ [uvCRl TO DROP WET M SO- • 11 WE C—RT 'CLASS NIr7PE 1 BEODN 1 EHE YO DROP WETT: 5'pA. l0 ORM WET ON 11. I' —WEE ON R T- C DROP NEE . A• • r TIPE E ALW 'M BOx : Y a A' IIPE COpn 1WFi1T�A 5'Ou- T1528(iS CONStROCT _ ]0"%jP-EBfDONtIobPPEECLASS NAR LN71. : A b- • 82' PPE —CTR7 6 30- SLC -CCS ME ]p-�SLHYC[5 ME 1 • SIA. 521.73 N RACE 10 MOP WET ON Ll. ITIPE 2 BE—= b LW ET. 1vH 2 9EOONp • A. —11. N- a 56'R.L PPE MHRI IePE COOROP WET •A S' W. �111 iE. SI]•�l N Ila EA[uVERi M1x xpRLS. LT.B RE. bn" R.C. -C 'CLASS N • r LI S'DE FILLAMD A—I.C. I KID—= ei 1.— .—E. CONST -I ORA&E SELECT YAIFRYL : K CLL IDS. 10- HPPYCte -T A P10— 55 Cu -IDS. � E EOpN01: B2 LN IT. AT z_ (rrJ t _. _1-1 / HWY 16 _•_—__ A46 446 AM.m a .,., _ SIA. Sp•AO CMS1RUCi NET ox Li. x. Te' MM B' Fz1ENO 6 w. bp579 IS IWPPC CuRT vF CLASS 2 PLPLANp([TS E- N rD] BEroOG� OPM1 NFl STA.5-21 ON LT. CLLvtRi t0 MOP NF1 Si15L•9e LT. 51159.98 RC1 TOP WET ON SEW S'9 - X 'R.C.PR -VFRI 11 ivH YO DROP HEI . 5'dA. . rtlASS m�1vPE J 8[OOYW� sueiecT T7EC POP WE1 A'•A' ] E �a Ass N [ ] TSEDDNp• 51 Ln fl. DM -1'l JIII1J1 i:PE W DROPW WET,1 5•CAL. TO 1 P p ITIPE 2CDEMNOI': 51 LN- —N - 151]•65 0 I—T D11- ROP WEi ON ExlEx1M •ANOe E ILL—I WET • 55' P.c, Pift c1v 10 'CLEOWPSS �N[II ON RT 1110 C D— WET * ' 5'. A' AT z_ (rrJ t _. _1-1 / HWY 16 _•_—__ 1. -ED1 'd:. R$e....r c. AT z_ (rrJ t _. _1-1 / HWY 16 K& a rL Its Am • wa am 0.0579 SU6IECT6 2 P90f ILE SHEETS TO HWY.16 STORM SEWER ON LT. lam '2fAL )TA. 21•M s1L •BS fa EL V•4ti.91 l'S3•� 5 4E5)J•65 10I ¢E : ¢t1!! i9i [LEV R]•.)l 1. [ v.lEtu•f `9i LT V.- . LE :11455 i 'ILL Il". T9.A LET,- 9 LE 1- 9 Fl [LEI•R1).x T•, ET Ctfv.•42 Sf 9LEi [lEv:i 10 !•. ME' :4}0]0 Si•.5 •f0 i 42595 4° flEv 4 11. Flfv. 4]0.51 ' x'FMi VK • ApY ]. ��� __ �� - -- -- K55.J - -- - -- - _ VC -2 -- )0•• 6 '9 0.10Y l0- sl'9 118.] v Moa 153.1] K 152.9 V`c-100• •0.18' -Mw 11525.00 526.00 52].00 528.00 529.00 530.00 531.00 533.00 533.00 539.00 535.00 538.00 539.00 540.00 HWY.16 STORM SEWER ON RT, "IT IT- x Sr•. D•9x 5r•.s •n 1• AA MEW 22- FL .41199 TIP ME' 41421 EIFV.n1 .6i F4. MEv 1.fL .+4519 RE =46.] ! __-- LEV. r9 IUI EL 5r•. 90 Fl fa. ELEV 419.2) ucv mr.3 ] 53.3 -- K ]vC-2 e--0. 9 -- 112101 K 153.1 K 152.9 vv6100' c- 5O .-a.le• .-0.56• 115�•`p •.� 52],00 530.00 529.00 530.00 531 .Oo 532.00 533.00 53.•00 535.00 536.00 53].00 5]6.00 539.00 560.00 ARKANSAS DEPARTMENT OF TRANSPORTATION . ' ARDOT.9ov I IDriveArkansas.conn I Scott E. Bennett, P.E., Director RIGHT OF WAY DIVISION : ARKANSAS DEPARTMENT 10324 Interstate 301 P.O. Box 2261 1 Little Rock, AR 72203-2261 OF TRANSPORTATION Phone: 501.5692311 Fax: 501.569.2018 1 Toll Free: 877.569.0120 -Nyen�e�' S ala Date City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701-6083 Job 040579 College Ave. — Huntsville Rd. (Sel. Secs.) (Fayetteville) (S) Washington County Tract 48 Dear Property Owner(s): An acquisition agent for the Arkansas State Highway Commission has presented to you a Contract to Sell offering to purchase the fee simple title to your property needed for highway purposes. A description of the property needed is attached. The acquisition agent will contact you within 10 business days for your response that should include all issues or concerns you may have regarding the offer. It is anticipated that negotiations should be concluded within 30 calendar days from the date of the initial contact. The offer of $175.00 is based on the opinion of a qualified real estate appraiser. The offered amount is based on the market value concept and is broken down as follows: $175.00 as just compensation for the realty to be acquired. Should you elect to accept this offer, the State will determine if you can convey a merchantable title, and if so, a property deed conveying the land to the Arkansas State Highway Commission will be prepared and you will be paid the amount contained in the written offer. If you make a final rejection of this offer, and if the Arkansas State Highway Commission elects to do so, a condemnation suit will be filed, and the amount that the Arkansas State Highway Commission has determined to be estimated just compensation for your property will be deposited into the Registry of the Circuit Court of Washington County. You may at this time elect to accept the amount deposited as just compensation for your property. If you elect to do so, the Circuit Court will be asked to enter Judgment in the sum of the estimated just compensation, and this amount will be paid to you thereby disposing of the condemnation suit. Page 2 City of Fayetteville, Arkansas If you do not elect to accept the amount deposited as estimated just compensation, then you may withdraw the amount placed on deposit as estimated just compensation without prejudice to your rights to claim additional compensation. In this event, you will be entitled to a trial by jury by the Circuit Court of Hot Spring County in which your lands are situated to determine just compensation for your lands condemned. In either event, payment of the estimated just compensation will be made available to you prior to vacating your property. Yours truly, Jennifer R. Williams, P.E. Division Head Right of Way Division JRW:kt JOB NAME: College Ave.- Hunstville Rd. (Sel. Secs.) (Fayetteville) (S) JOB 040579 TRACT 48 CONTRACT TO SELL REAL ESTATE FOR HIGHWAY PURPOSES Grantor: City of Fayetteville, Arkansas Address: 113 West Mountain Street, Fayetteville, Arkansas Grantee: ARKANSAS STATE HIGHWAY COMMISSION IN CONSIDERATION of the benefits that will inure to the Grantor(s) and the public, the undersigned does hereby give and grant to the Arkansas State Highway Commission, an agency of the State of Arkansas, upon the terms and conditions hereinafter stated, the right to purchase the following described real estate, save and except 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, situated in the County of Washington, State of Arkansas, to wit: LEGAL DESCRIPTION Part of the Northwest Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a Railroad Spike being used as the Center Quarter Corner of Section 21; thence South 02°43'54" West along the West line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance of 33.02 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9458; thence South 87009'10" East along said right of way line a distance of 790.25 feet on the Southerly right of way line Arkansas State highway 16 as established by ARDOT Job 040579 to the POINT OF BEGINNING; thence continue South 87'09'10" East along the southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9458 a distance of 13.06 feet to a point; thence South 27°17'26" East along said right of way line a distance of 16.46 feet to a point on the Westerly right of way line of US Highway 71B (S. School Ave.) as established by AHTD Job 4702; thence in a Southerly direction along said right of way line said right of way line a curve to the right, having a radius of 1,382.39 feet a distance of 9.99 feet having a chord bearing of South 10°36'00" West a distance of 9.99 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as established by ARDOT 040579; thence North 36046'25" West along said right of way line a distance of 31.33 feet to the point of beginning and containing 208 square feet more or less as shown on plans prepared by the ARDOT referenced as Job 040579. AM 05/21/18 ® Uncontrolled Access ❑ Partially Controlled Access — Access break from Station ❑ Fully Controlled Access ❑ Fully Controlled Access with a frontage road ❑ Maintenance Agreement to Station PREAUDITED AND ACCEPTED: Property Manager to Negotiator By Date PAYMENTDUE-----------------------------------------------------------------------------------------------------175.00 (Appraised value offered by the Commission for real estate, including damages, if any, to the remainder; to be paid after approval of title and execution of a deed as hereinafter provided). The Commission shall have the irrevocable right to exercise the "Contract to Sell" at any time within ninety (90) days from date; and it is agreed that if within the time above specified, the said Commission shall declare its intention to exercise this "Contract to Sell" including the right to purchase said land, the Grantor(s) will execute and sign a General Warranty Deed when presented by the Commission and receive payment of the stated "Payment Due" from the said Commission, less any amount that may be found due and payable to any mortgagee. It is expressly understood that the said Commission shall not be obligated further unless stated herein to wit: It is understood and agreed that closing costs will not accrue to the Grantor(s) as the Grantee's Attorney will prepare the necessary documents for closing and the Grantee will pay the cost of recording all instruments conveying title to the Arkansas State Highway Commission. Grantor(s) further agrees neither to sell nor encumber the said real estate during the term of the "Contract to Sell". The Arkansas State Highway Commission is hereby authorized and directed to make payment of the purchase funds for the conveyance to Cid J Fa Signature STATE OF COUNTY 11 is 5LV ' day of _V Ql��/Y1Gi , 2019 Signature Signature ACKNOWLEDGMENT SS BE IT REMEMBERED, that on this day came before the undersi red, a Notary Public, acting within and for the aforesaid County, on this day personally appeared Li,ph� SpjijEi,1'L� well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me that executed the same for consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public this S*'day of ►V 4j OOOV , 20AJ_. 6-`0-22 MY COMMISSION EXPIRES: D� Jr�yti���i Yap1ARy`6o N i w• PUBOG inti ;��es 8 1�": • P �� iLIN / '�1 Form (Rev. t Interne W-9 Request for Taxpayer Give Form to the lovember2017) Identification Number and Certification requester. Do not hent of the Treasury send to the IRS. Revenue Service ► Go to www.irs.gov/ForrnW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. C heck only one of the 4 Exemptions (codes appy orgy to following seven boxes. certain entities, not individuals; see instructions on page 3): ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ElPartnership LlTrusVestate single -member LLC Exempt payee code Of any) ❑ Limited liability company. Enter the tax classification (C_ -C corporation, S=S corporation, P=Partnership) 0 - Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Note: Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code Of arty) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► pXMs to accountsmaintarned outawe the U.sa 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 6 City, state, and ZIP code 1 List account number(s) here (optional) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I bocrai secunty numoer backup withholding. For individuals, this is generally your social security number (SSN). However, fora _ m _ resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person 1' Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/ForrnW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information retum. Examples of information retums include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do riot return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 11-2017) MORTGAGE AUTHORIZATION Form must be filled out completely, signed and submitted to the Right of Way Division/Administrative Section immediately following first contact. Job #: Tract#: Property Owner: Address: Telephone #: Mortgage Company: Address: Telephone #: Loan #: Contact Person: Due to the construction of the above-mentioned project, we are acquiring property from your mortgagor. It will be necessary to obtain a Partial Release from your company. The mortgagor is aware that some or all the proceeds from this transaction may be required to be applied to the principal balance of the mortgage. The mortgagor is also aware that we will be negotiating only with the mortgagor and that any checks for funds conveyed will be made to the property owner. If no mortgage exists, write "NONE and sign below where indicated." This form must be completed and signed by the property owner, whether a mortgage exists or not. By our signatures we are authorizing the Arkansas Department of Transportation to enter into the process necessary to obtain a Partial Release. Property Owner/ Mortgagor's Signature: Date: Date: RIGHT OF WAY SIGNS AND SYMBOLS �. . STATE OF ARKANSAS a.,.,«.,...w.. STATE HIGHWAY COMMISSION COLLEGE AV Eo-HUNTSVILL E RD. (SEL. SECS.) ( FAY ETT EVI LILIE) (S) WASHINGTON COUNTY ROUTE 16 SECTION 3 JOB 040579 " -_ LAYOUT NOT TO SCALE ��L[rssuc*a ..ns * tuenro V 112 STA. 604+76.32 END R/W ACQ. JOB 040579 i®suu s,x.v L7 6 rj I 112 •- i' BEGIN R/W ACQ. FAYETTEVILLESTA. 605.52. 00 JOB EXCEPTION I 0. 11 Pop. 6748 .• ' {�' ''ro 040579 T END CONST JOB Via. BEGIN R/ W ACQ. JOB 040579 oP'� - 16 :1 N _ STA. 598.00 24- END CONST JOB EXCEPTION .. •.N _ _ -._- - STA. 527-94.00 N d�Ns 'f-- ,` STA. 598.00R/ W JOB EXCEPTION o su,n.cum.,m.d„P BEGIN CONST JOB 040579 � p-- �-' w . 1" LOG MILE 0.900 � 71 -++ ' STA. 580.50.00 ---%--------=- ---- -- - --- --- - ---- BEGIN CONST. `�O e 15 JOB EXCEPTfON ' • ti M e � f � 29 R 30 W I R W 4119/20/8 LAIJIIIVI, "I"­Ut WRT AUIHUHIIY I CONCNAIL SUr05'_TrE T -16-N; R -304,H. ExI511RL e.r - IS WIIRIW TK LIRnS uE 71E RC cmEeEo er .�E vnc - � )§• RBR FE WS SBT05,3EE YPC PLS 1005 �-- - �aR Ra Wvr. euiro�RITY WE eoaR eaE 71 W II /57.4/ 9,se W.9.16 eW s e„4, 17968' S3'/4' Is. s OOL AWE.) ' OPC AR 1369 M,AY [Rw.p 9f !Wl 4/699 2540' . F' f n'"',,"'e'9 Clnsre,rns. vroro9 ' ;i a I 6YwMp W 49 + 46 $.YwN/w Rwrwq LbN e9A !.V ESI a� ,P,w9 m09 A^ RES: 050 Ac. ± _ ,N N RES.- 0,50 ice. ! I ¢ I. b ;j PwILNC 4wIM VPJ/a '�- 'v..e ,n,Ewassrre,9. e : e9sm = PROP. R/WiPROP.RIW v M " ` SW NE I W.r.0 L1eer,EMAA919 scam NM < �.SA OPC UKN q 21 1 JI _-lD'E EXIST R1W NB6 =273 587'0-- 1"1 RAILROAD SPIKE -- _--'-- /�: CONC NAIL a EX/Si. R/W ro - '20.Lbf., /5435' --_ __ R'j m til I 1 C,COR __.-. 43: I 2"ACAP -_-_ N8T07lOW____-_ NBTMAOW_/V 0611TE-� _SEC.2L 58'3514' CL 5/0.00 25r:. -.... %3/.47-_N87'07/0'W-- �NB44i66_rl Q /3/974 "�^J'_587-'09:/0'f' c -r: ^'.i---_ _ 1Et_ i______ DR Lsfi/i'OE,E__I CSE !I 63027 G _ 1 V _ a3q 2>4' BRASS cAp^ /5998, 4/17 GULF OIL IN CONC. __ ._- N9TlYlOW-i- N87' KTP -$ _:.N b .� Y"RBR FE NYS CI�.I FhtSr ^/09$7' - JI,. 2Y_'04 /'2g �FQ/VS FRC LENGTH -Ch IL H CHORD O/RECT30N 171+MX CI I C"i' 03 b ' 2550' /8136' 4685' 1 1 462. 39' 66.41' 66.41 N4. 32' 20'I�PSAg 6 EXl57,R/W 1 382. 39' 8. 50' 8. 50' SI 0' 58' 59' W ! •Z 1 1392.3S' 76. 97' 76. 96' S4. 49. 1 8• W1- 1462. 39' 8.13' 11 1 3' N5' 59' 57' E 1462.39' 482. 39' 45.42' 45.42' NI 0' 12' 1 B' E / ';'' PROP R/W 21 1 382. 39' 9. 99' 9. 99' S1 0' 36' 00' W ,/ (7 2 �^ 1392. 39' 2. 99' 2.99' S6' 28' 01' W 4){ 1482. 39' 1 .97' 1. 97' NI I' 07' 16'E V RES: OJ3 Ac. I q NAME LIS L20 L21 L25 L26 L27 L28 L32 L33 L34 L35 OjREQTIQN 2 W I 41 I N48'32'16'W -LENGTH_ 36.58' l 71 1��' I - S287 17'26'E 16.46' • p��'RER ' '' " s`"°°E ^�E_I �` N82' 00. IT W 5.01 $ J RES.° 076 Ac. * NW SE I S52. 50' 21' W S4B' 43.2. 36'6. E 27.85' N �� )4' RSR _I 21 I S42- 1S28' 125' 9. 0, I 1 4' E N36' 46' 25' W 11. 64' 31 33' t� I N' /,,,-NAIL IN SHINER I N01' 55'160 E 9. 87' N54' 38' 28• E 1 7. 80' N87' 1 2' O6• E 7. 69' `CHISELED X IN CONC -RR SPIKE COLLEGE AVE.-HUNTSVILLE RD. (SEL. SECS.) (FAYETTEVILLE) (S) ARKANSAS STATE HIGHWAY COMMISSION RIGHT OF WAY MAP JOB 040579 WASHINGTON COUNTY SCALE: i"=50' SKEET PRELONOMAR SUBJECT TO REVISION Job No. 040579 Tract No. 6, 48 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That, The City of Fayetteville, Arkansas, by its Mayor Lioneld Jordan, duly certified and authorized by the City Council of the City of Fayetteville, Grantor, for and in consideration of the sum of ONE THOUSAND TWO HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($1,225.00), and other good and valuable considerations, cash in hand paid by the Arkansas State Highway Commission, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever the following lands, save and except 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, said lands being more particularly described as follows, to -wit: Tract 6 Part of Lot 5, Block 7 of Berl Dodd Addition also being part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at point being used as the Northwest corner of Lot 4, Block 8 of Berl Dodd Addition, said point being on the Easterly right of way line of South College Avenue as established by the plat of Berl Dodd Addition filed on April 23, 1926; thence South 02°54'09" West along said right of way line a distance of 90.70 feet to a point on the Northerly right of way line of State Highway .16 as established by ARDOT Job 9458; thence South 87° 11' 10" East along said right of way line a distance of 327.10 feet to a on the Easterly right of way line South Washington Avenue as established by the plat of Berl Dodd Addition filed on April 23, 1926 for I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument. Arkansas Statc Highway Commission Post Officc Dor 2261 Little Rock. Arkansas 72203 �iis instrument otos pnpa�d'6�r V 9L 7addMr, ?stfe attorney A*msas Depamne» t of?ransportatm IFO. X2261, LittleWAAr4truas72205 u the POINT OF BEGINNING; thence North 03° 01' 54" East along said right of way line a distance of 28.01 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 040579; thence South 65° 26' 20" East along said right of way line a distance of 44.27 feet to a point; thence North 88° 00' 55" East along said right of way line a distance of 101.21 feet to a point on the Westerly right of way line of a 10.00 foot alley as established by the plat of Berl Dodd Addition filed on April 23, 1926; thence South 02° 50' 59" West along said right of way line a distance of 20.07 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence North 87° 11' 10" West along said right of way line a distance of 142.07 feet to a point of beginning and containing 2,413 square feet more or less as shown on plans prepared by the ARDOT referenced as 040579. 11/29/17 DS Tract 48 Part of the Northwest Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a Railroad Spike being used as the Center Quarter Corner of Section 21; thence South 02°43'54" West along the West line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance of 33.02 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9458; thence South 87'09'10" East along said right of way line a distance of 790.25 feet on the Southerly right of way line Arkansas State Highway 16 as established by ARDOT Job 040579 to the POINT OF BEGINNING; thence continue South 87'09'10" East along the southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9458 a distance of 13.06 feet to a point; thence South 27°17'26" East along said right of way line a distance of 16.46 feet to a point on the Westerly right of way line of US Highway 71 B (S. School Ave.) as established by AHTD Job 4702; thence in a Southerly direction along said right of way line along a curve to the right, having a radius of 1,382.39 feet a distance of 9.99 feet having a chord bearing of South 10°36'00" West a distance of 9.99 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as established by ARDOT 040579; thence North 36°46'25" West along said right of way line a distance of 31.33 feet to the point of beginning and containing 208 square feet more or less as shown on plans prepared by the ARDOT referenced as Job 040579. REV. WHx 09/19/2019 TO HAVE AND TO HOLD the same unto the said City of Fayetteville, Arkansas and unto its successors and assigns forever. And Grantor hereby covenants with the said Grantee that Grantor will forever warrant and defend the title to said lands against all lawful claims, whatsoever. IN WITNESS WHEREOF, The City of Fayetteville, Arkansas has caused these presents to be executed- by xecutedby its Mayor on this Jay of , 2019. ACKNOWI COUNTY OF %U6*50v� THE CITY OF FAYETTEVILLE, ARKANSAS BE IT REMEMBERED, that on this day before the undersigned, a Notary Public, within and for the County and State aforesaid, duly commissioned and acting, appeared the within named Lioneld Jordan, and being the Mayor, respectively, of the City of Fayetteville, Arkansas, and who had been designated by said corporation to execute the above instrument, to me well personally known, who stated that he was the Mayor of said city, a Municipal Corporation, and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and on the behalf of said Municipal Corporation, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this day of 2019. ,Nota ublic MY COMMISSION EXPIRES: . - w - T Job No. 040579 Tract No. 6, 6E-1, 48 AFFIDAVIT OF NO LIENS I, Lioneld Jordan, upon being duly sworn, state: 1. That The City of Fayetteville, Arkansas, by its Mayor Lioneld Jordan, duly certified and authorized by the City Council of the City of Fayetteville, have conveyed by Warranty Deed to the Arkansas State Highway Commission, the following described property, to -wit: Tract 6 Part of Lot 5, Block 7 of Berl Dodd Addition also being part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at point being used 'as the Northwest corner of Lot 4, Block 8 of Berl Dodd Addition, said point being on the Easterly right of way line of South College Avenue as established by the plat of Berl Dodd Addition filed on April 23, 1926; thence South 02°54'09" West along said right of way line a distance of 90.70 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence South 87° 11' 10" East along said right of way line a distance of 327.10 feet to a on the Easterly right of way line South Washington Avenue as established by the plat of Berl Dodd Addition filed on April 23, 1926 for the POINT OF BEGINNING; thence North 03° 01' 54" East along said right of way line a distance of 28.01 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 040579; thence South 65° 26' 20" East along said right of way line a distance of 44.27 feet to a point; thence North 880 00' 55" East along said right of way line a distance of 101.21 feet to a point on the Westerly right of way line of a 10.00 foot alley as established by the plat of Berl Dodd Addition filed on April 23, 1926; thence South 02° 50' 59" West along said right of way line a distance of 20.07 feet to a point on the Northerly right of way line of State Highway 16 as established by ARDOT Job 9458; thence North 87° 11.' 10" West along said right of way line a distance of 142.07 feet to a point of beginning and containing 2,413 square feet more or less as shown on plans prepared by the ARDOT referenced as 040579. 11/29/17 DS Tract 48 Part of the Northwest Quarter of the Southeast Quarter of Section 21, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at a Railroad Spike being used as the Center Quarter Corner of Section 21; thence South 02°43'54" West along the West line of the Northwest Quarter of the Southeast Quarter of Section 21 a distance of 33.02 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9458; thence South 87'09'10" East along said right of way line a distance of 790.25 feet on the Southerly right of way line Arkansas State Highway 16 as established by ARDOT Job 040579 to the POINT OF BEGINNING; thence continue South 87'09'10" East along the southerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9458 a distance of 13.06 feet to a point; thence South 2717'26" East along said right of way line a distance of 16.46 feet to a point on the Westerly right of way line of US Highway 7 1 B (S. School Ave.) as established by AHTD Job 4702; thence in a Southerly direction along said right of way line along a curve to the right, having a radius of 1,382.39 feet a distance of 9.99 feet having a chord bearing of South 10°36'00" West a distance of 9.99 feet to a point on the Southerly right of way line of Arkansas State Highway 16 as established by ARDOT 040579; thence North 36°46'25" West along said right of way line a distance of 31.33 feet to the point of beginning and containing 208 square feet more or less as shown on plans prepared by the ARDOT referenced as Job 040579. REV. WHK 09/19/2019 2. No person has any valid contract for the purchase of said premises, or any part thereof; 3. We know of no facts by reason of which grantors' possession of or title to said premises, or any part thereof, might be disputed or questioned, or by reason of which any claim to any part of said property, or to any undivided interest, adverse to grantors might be set up or made; 4. There is no suit or proceeding pending in any court or elsewhere affecting said premises or any part thereof; 5. The said premises are free and clear of all taxes, encumbrances, or liens by attachment, mortgage, decree, judgment, or by statute, or by virtue of any proceedings, in any court, state or federal, or filed in the office of the Clerk of any county, or court in this State, and of all other liens of every nature and sort whatever, recorded or unrecorded, other than any mortgages partially released herein; 6. There are no judgments, decrees, attachments, or orders of any court or officer for the payment of money against The City of Fayetteville, Arkansas, individually, or in connection with any other party or parties, unsatisfied or not cancelled of record in any of the courts or before any officer of the United States or of this State; 7. No proceedings in bankruptcy have ever been instituted by or against The City of Fayetteville, Arkansas, in any court, or before any officer of any State, or of the United States; 8. The grantor is not party to any litigation now pending in any court of Arkansas; 9. The grantor is not surety on any bond payable to the State of Arkansas, whereby a lien may hereafter attach to said real estate; 10. No person, persons, corporation or corporations is entitled to any lien on said real estate for work or labor or materials; 11. No liens have been filed against the above property for hazardous waste or notices of same given by the Environmental Protection Agency; 2 12. Said property is not traversed by any roads, ways, or easements except those shown of record-, 13. The affiants are over the age of eighteen; 14. The affiants understand and recognize that a portion of the purchase money funds of the said property was contributed by the Federal Highway Administration. 15. All the statements and representations in the affidavit are made in order to induce the said grantee to pay to grantor the sum of ONE THOUSAND TWO HUNDRED TWENTY-FIVE AND N0/100 DOLLARS ($1,225.00) purchase -money for said real estate. IN WITNESS WHEREOF, The City of Fayetteville, Arkansas has caused these presents to be executed by its Mayor on this !tday of , 2019. THE CITY OF FAYETTEVILLE, ARKANSAS Lioneld STATE OF OAJ) COUNTY OF N VikZ^oo4� ) C Subscribed and sworn to by Lioneld Jordan, Mayor, respectively, of The City of Fayetteville, Arkansas, Affiant, herein before me this day of , 2019. My Commission Expires: 3 o . I.,_._.. 0 M%0" l I"W"U ArDOT Temporary Construction Easement Highway 16 S School to City of Fayetteville Staff Review Form Armstrong Project 20200279 Legistar File ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 3/24/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's signature on the closing statements associated with the dedication of Right of Way and Temporary Construction Easement to ArDOT for the construction of the Highway 16 (S. School to Armstrong) project. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance $ Item Cost Budget Adjustment $ Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # i 9 Change Order Plumber: Approval Date: 3/31/20 Original Contract Number: Comments: CITY OF FAYETTEVILLE W4V ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, P.E., City Engineer FROM: Matt Casey, Engineering Design Manager DATE: March 24, 2020 STAFF MEMO SUBJECT: Closing Statement for dedicating ROW and TCE to ArDOT for Highway 16 RECOMMENDATION: Staff recommends that the Mayor sign the closing statements associated with the dedication of Right of Way (ROW) and Temporary Construction Easement (TCE) to the Arkansas Department of Transportation for the construction of the Highway 16 (S. School to Armstrong) project. BACKGROUND: City Council passed Resolution No. 244-19 on November 5, 2019, approving the dedication of approximately 2621 square feet of property as ROW and TCE to the Arkansas Department of Transportation for use on the Highway 16 (S. School to Armstrong) project. DISCUSSION: Following the city council approval of the dedication of the ROW and TCE, ArDOT has requested that the Mayor sign two closing statements to finalize these dedications. BUDGET/STAFF IMPACT: The City Council approved the acceptance of $1,225.00 as payment for this dedication. Attachments: Closing Statements Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARKANSAS DEPARTMENT OF TRANSPORTATION Right of Way Division - Administrative Section CLOSING STATEMENT City of Fayetteville C/O Mayor Lioneld Jordan 113 West Mountain Street Fayetteville, AR 72701 Total Purchase Price Less Salvage Retained ORIGINAL Job 040579 Tr. 48 175.00 Total Consideration Paid Grantors u 175.00 I,t4 , on _112417.02.0 02Q certify that this is a true and corr t statement of the closing of subject tract and payment of just compensation therefor. I (We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed we have executed. Dated C� A 1099-S of gross proceeds must be submitted to the IRS for your Federal ID# / Social Security#. COMPENSATION BREAKDOWN TOTAL PURCHASE PRICE Land (208 sf) $ 175.00 Admin. Settlement $ 0.00 TCE Rental $ 0.00 Total $ 175.00 Landscaping $ 0.00 Less SalvageValue Improvements $ 0.00 Improv. Retained $ 0.00 SeveranceDamage $ 0.00 TOTAL $ 175.00 TOTAL PAID $ 175.00 ARKANSAS DEPARTMENT OF TRANSPORTATION Right of Way Division - Administrative Section CLOSING STATEMENT City of Fayetteville C/O Mayor Lioneld Jordan 113 West Mountain Street Fayetteville, AR 72701 Total Purchase Price Less Salvage Retained Total Consideration Paid Grantors 1, on o true and corr ct statement of the closing of subject tract compensation therefor. ORIGINAL Job 040579 Tr. 6, E $1,050.00 1,050.00 certify that this is a and payment of just I (We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed we have executed. Dated tl�ial� day of �-A \' _, 2020. r iionvld Jordan A 1099-S of gross proceeds must be submitted to the IRS for your Federal ID# , Social Security#. COMPENSATION BREAKDOWN Land (2,413 sf) $ 1,025.00 TCE Rental $ 25.00 Landscaping $ 0.00 Improvements $ 0.00 SeveranceDamage $ 0.00 TOTAL $ 1,050.00 TOTAL PURCHASE PRICE Admin. Settlement $ 0.00 Total $ 1,050.00 Less SalvageValue Improv. Retained $ 0.00 TOTAL PAID $ 1,050.00 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 244-19 File Number: 2019-0706 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 2,621 SQUARE FEET OF CITY PROPERTY AND CONVEY A 124 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT FOR THE TOTAL AMOUNT OF $1,225.00 BE 17' RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sell approximately 2,621 square feet of city property and convey a 124 square foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (South School to Armstrong) Project for the total amount of $1,225.00. PASSED and APPROVED on 11/5/2019 �lT F Attest: Y ,6; . G c�• t TTS S Lisa Branson, Deputy City`C�6401, , 0�%%''' Paps 1 Pdnftd on 11/&19 ArDOT Temporary Construction Easement Highway 16 S School to City of Fayetteville Staff Review Form Armstrong Project 20200279 Legistar File ID NA City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Casey 3/24/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Mayor's signature on the closing statements associated with the dedication of Right of Way and Temporary Construction Easement to ArDOT for the construction of the Highway 16 (S. School to Armstrong) project. Account Number Project Number Budgeted Item? NA Does item have a cost? NA Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance $ Item Cost Budget Adjustment $ Remaining Budget V20180321 Purchase Order Number: Previous Ordinance or Resolution # i 9 Change Order Plumber: Approval Date: 3/31/20 Original Contract Number: Comments: CITY OF FAYETTEVILLE W4V ARKANSAS TO: Mayor Lioneld Jordan THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, P.E., City Engineer FROM: Matt Casey, Engineering Design Manager DATE: March 24, 2020 STAFF MEMO SUBJECT: Closing Statement for dedicating ROW and TCE to ArDOT for Highway 16 RECOMMENDATION: Staff recommends that the Mayor sign the closing statements associated with the dedication of Right of Way (ROW) and Temporary Construction Easement (TCE) to the Arkansas Department of Transportation for the construction of the Highway 16 (S. School to Armstrong) project. BACKGROUND: City Council passed Resolution No. 244-19 on November 5, 2019, approving the dedication of approximately 2621 square feet of property as ROW and TCE to the Arkansas Department of Transportation for use on the Highway 16 (S. School to Armstrong) project. DISCUSSION: Following the city council approval of the dedication of the ROW and TCE, ArDOT has requested that the Mayor sign two closing statements to finalize these dedications. BUDGET/STAFF IMPACT: The City Council approved the acceptance of $1,225.00 as payment for this dedication. Attachments: Closing Statements Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ARKANSAS DEPARTMENT OF TRANSPORTATION Right of Way Division - Administrative Section CLOSING STATEMENT City of Fayetteville C/O Mayor Lioneld Jordan 113 West Mountain Street Fayetteville, AR 72701 Total Purchase Price Less Salvage Retained ORIGINAL Job 040579 Tr. 48 175.00 Total Consideration Paid Grantors u 175.00 I,t4 , on _112417.02.0 02Q certify that this is a true and corr t statement of the closing of subject tract and payment of just compensation therefor. I (We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed we have executed. Dated C� A 1099-S of gross proceeds must be submitted to the IRS for your Federal ID# / Social Security#. COMPENSATION BREAKDOWN TOTAL PURCHASE PRICE Land (208 sf) $ 175.00 Admin. Settlement $ 0.00 TCE Rental $ 0.00 Total $ 175.00 Landscaping $ 0.00 Less SalvageValue Improvements $ 0.00 Improv. Retained $ 0.00 SeveranceDamage $ 0.00 TOTAL $ 175.00 TOTAL PAID $ 175.00 ARKANSAS DEPARTMENT OF TRANSPORTATION Right of Way Division - Administrative Section CLOSING STATEMENT City of Fayetteville C/O Mayor Lioneld Jordan 113 West Mountain Street Fayetteville, AR 72701 Total Purchase Price Less Salvage Retained Total Consideration Paid Grantors 1, on o true and corr ct statement of the closing of subject tract compensation therefor. ORIGINAL Job 040579 Tr. 6, E $1,050.00 1,050.00 certify that this is a and payment of just I (We), the undersigned grantor(s) acknowledge receipt of this closing statement and the amount shown hereto as full and final payment of just compensation for the purchase of this property as designated by the above captioned tract and job number, which corresponds to the deed we have executed. Dated tl�ial� day of �-A \' _, 2020. r iionvld Jordan A 1099-S of gross proceeds must be submitted to the IRS for your Federal ID# , Social Security#. COMPENSATION BREAKDOWN Land (2,413 sf) $ 1,025.00 TCE Rental $ 25.00 Landscaping $ 0.00 Improvements $ 0.00 SeveranceDamage $ 0.00 TOTAL $ 1,050.00 TOTAL PURCHASE PRICE Admin. Settlement $ 0.00 Total $ 1,050.00 Less SalvageValue Improv. Retained $ 0.00 TOTAL PAID $ 1,050.00 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 244-19 File Number: 2019-0706 ARKANSAS DEPARTMENT OF TRANSPORTATION HIGHWAY 16 EASEMENT: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SELL APPROXIMATELY 2,621 SQUARE FEET OF CITY PROPERTY AND CONVEY A 124 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 (SOUTH SCHOOL TO ARMSTRONG) PROJECT FOR THE TOTAL AMOUNT OF $1,225.00 BE 17' RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sell approximately 2,621 square feet of city property and convey a 124 square foot temporary construction easement along Highway 16 to the Arkansas Department of Transportation for the Highway 16 (South School to Armstrong) Project for the total amount of $1,225.00. PASSED and APPROVED on 11/5/2019 �lT F Attest: Y ,6; . G c�• t TTS S Lisa Branson, Deputy City`C�6401, , 0�%%''' Paps 1 Pdnftd on 11/&19