HomeMy WebLinkAbout127-20 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 127-20
File Number: 2020-0294
ARKANSAS DEPARTMENT OF TRANSPORTATION:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY 1,434 SQUARE FEET OF
RIGHT-OF-WAY ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF
TRANSPORTATION FOR THE HIGHWAY 16 INTERCHANGE PROJECT FOR THE AMOUNT OF
$5,175.00
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 convey 1,434 square feet of right-of-way along Highway 16 to the Arkansas Department of Transportation
for the Highway 16 Interchange Project for the amount of $5,175.00.
PASSED and APPROVED on 5/5/2020
Attest: 011 t l r r r r r11
T RF'9'���i
Y OF 'SG�.�
�-- FAYETTEVILLE
Kara Paxton, City Clerk Treasurer
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Page 1 Printed on 516120
City of Fayetteville, Arkansas 113West Mountain Street
a \, Fayetteville, AR 72701
(479) 575-8323
} i _ Text File
File Number: 2020-0294
Agenda Date: 5/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A 2
ARKANSAS DEPARTMENT OF TRANSPORTATION:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO CONVEY 1,434 SQUARE FEET OF
RIGHT-OF-WAY ALONG HIGHWAY 16 TO THE ARKANSAS DEPARTMENT OF
TRANSPORTATION FOR THE HIGHWAY 16 INTERCHANGE PROJECT FOR THE AMOUNT OF
$5,175.00
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
convey 1,434 square feet of right-of-way along Highway 16 to the Arkansas Department of Transportation for
the Highway 16 Interchange Project for the amount of $5,175.00.
City of Fayetteville, Arkansas Page 1 Printed on 51612020
Matt Casey
Submitted By
City of Fayetteville Staff Review Form
2020 0294
Legistar File ID
5/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/9/2020 ENGINEERING (621)
Submitted Date Division / Department
Action Recommendation:
Approval of the dedication of approximately 1,434 square feet of right of way to the Arkansas Department of
Transportation for use on the Highway 16 Interchange 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:
password
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20180321
<r CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 5, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Chris Brown, City Engineer
FROM: Matt Casey, Engineering Design Manager
DATE: April 9, 2020
CITY COUNCIL MEMO
SUBJECT: Dedication of Right of Way on Highway 16 to ArDOT for Highway 16
Interchange project.
RECOMMENDATION:
Staff recommends City Council approval of the dedication of approximately 1,434 square feet of
right of way to the Arkansas Department of Transportation for use on the Highway 16 Interchange
project and authorize the Mayor to sign all documents related to the dedication of this right of way.
BACKGROUND:
ArDOT is planning a project for the improvements to the 1-49 interchange at Highway 16
(Wedington Dr.) The design is complete and utility relocations are currently underway ahead of
the construction. The City of Fayetteville owns a small parcel of land dedicated as right of way
from the development of the Shiloh Apartments. This right of way has been requested by
ArDOT to construct the roadway improvements along this parcel.
DISCUSSION:
ArDOT is currently in the right of way acquisition phase of the project and has presented the
City with an offer for right of way along Shiloh Drive as follows:
1) Tract 8, located on the west side of Shiloh Drive between Persimmon Street and
Jewel Road consists of approximately 1,434 square feet of right of way (ROW).
ArDOT has offered $5,175.00 for the ROW.
Many times, in the past, the City has dedicated ROW and easements to ArDOT for highway
widening projects. This parcel of land was dedicated with the development for the specific
purpose of road right of way. Therefore, staff recommends that the City dedicate this temporary
construction easement at no cost to ArDOT.
BUDGET/STAFF IMPACT:
No impact.
Attachments:
Tract 8 Offer
Tract 8 ROW Document
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ARKANSAS DEPARTMENT OF TRANSPORTATION
COMPENSATION ESTIMATE
Arkansas Job Number: BB0411 County: Washington Tract: 8
Location: Hwy. 16 / 112 Spur Intching. Impvts. (S)
Fee Owner: City of Fayetteville
Address:
Telephone:
Area Of The Whole: 20,044} s£ Permanent Easement(s):
Area Of Remainder: 18,610± sf. Temporary Easement(s):
Area Of Acquisition: 1,434t sf.
ACQUISITION COMPENSATION:
Fee Title: 1,434± sf. @ $3.60/sf.
$ 5.175.00
Temporary Easement(S):
$
Permanent Easement(S):
$
Improvements Acquired:
$
Subtotal: $ 5,175.00
Cost To Cure Items:
$
SIGNS:
$
PREPARED BY: Kenneth L. Redus
Date:
Estimate of Total Compensation $ 5,175.00
a --
ADMINISTRATIVE APPROVAL
Date: f
COMMENTS: Assemblage. The tract was inspected on 7/16/2019. Sales 2, 5 and 6 were used
to estimate compensation.
Job: BB0411 Tract: 8
1
PHOTOS
DESCRIPTION: Acquisition INITIALS: KLR
DIRECTION: Southwest DATE: 7/10/2019
Job: BB0411 Tract:
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SEC•7 INWCHG.IMPV SF.`(S)
- ARKANSAS STATE HIGHWAY COMMISSION
RIGHT OF WAY MAP
JOB BBO411 WASHINGTON COUNTY
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JOB NAME: HWY. 16/112 SPUR INTCHING. IMPVTS. (S) JOB BB0411
TRACT 8FAP
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
(A FULLY CONTROLLED ACCESS FACILITY)
Grantor: City of Fayetteville
Address:
Grantee: ARKANSAS DEPARTMENT OF TRANSPORTATION
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 Department of Transportation, 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 hghway purposes, situated in
the County of Washington, State of Arkansas, to wit:
LEGAL DESCRIPTION
Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Center South Sixteenth corner of Section 7; thence North 87°22'49"
West along the North line of the Southeast Quarter of the Southwest Quarter of Section 7 a distance of 253.37
feet to a point on the West right of way line of U.S. Interstate 49 as established by ArDOT Job 4731; thence
South 12°38'06" West along said right of way line a distance of 130.50 feet to a found 8 inch spike with washer
for the POINT OF BEGINNING; thence continue South 12°38'06" West along said right of way line a distance
of 119.96 feet to a point on the West right of way line of U.S. Interstate 49 as established by ArDOT job
BB0411; thence North 79°15'42" West along said right of way line a distance of 12.00 feet to a point; thence
North 12°35'38" East a distance of 118.44 feet to a found ''/z inch rebar; thence South 86'25'10" East a distance
of 12.23 feet to the POINT OF BEGINNING and containing 0.03 acres (1,434 sq. ft.) more or less as shown on
ArDOT plans referenced as Job BB0411.
DWB 06/04
❑ 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 -- ----- --y------- —--- --------------------------;------------------------------------------------ $5,175.00
(Appraised value offered b the Commission for real estate including damages, if any, to the remainder; to be
paid alter 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
Dated this 5° ,
Signature
day of . 20 AlTRFA,
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Signature ���,r� i N
ACKNOWLEDGMENT
STATE OF
SS
COUNTY
BE IT REMEMBERED, that on this day came befor the .unde si ed, a Not ub ' act .ng within
and for the aforesaid County, on this day personally appearedIXI VIY
well known to me to be the person(s) whose name(s) is subscribed to the foregoing instrument and stated to me
thatITNESS
executed the same for consideration and purposes therein mentioned and set forth.
my hand and seal as such Notary Public this ' !'may of 41U jJ
1,
I I- dwa4
MY COMMISSION EXPIRES:
``�� . BRANSo ��i
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NOTARY P[_�°'
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ARKANSAS DEPARTMENT OF TRANSPORTATION
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AaDOT.gov IDriveArkansas.com Scott E. Bennett, RE., Director
RIGHT OF WAY DIVISION
KANSAS DEPARTMENT 10324 Interstate 30 P.O Box 2251 11 ittle Rock,AA 72203-2261 TRANSPORTATION Phone:501,569.2311 Fax:501569.2018 1 Toll Free:877.S69.0120
Date
City of Fayetteville
Dear Property Owner(s):
Job BB0411
Hwy. 16/112 Spur Intchng. Impvts. (S)
Washington County
Tract 8
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 $5,175.00 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: $5,175.00 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.
PagOe 2
City of Fayetteville
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:tm
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
(If no Mtg. write NONE)-- Ofi`-�
Address:
Telephone #:
Loan #:
Contact Person:
Due to the construction of the above -mentioned project, we are acquiring property from your
mortgagor/property owner. It will be necessary to obtain a Partial Release from your company. The
mortgagor/property owner 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/property owner 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.
This form must be completed and signed by the property owner, whether a mortgage exists or
not.
By our signatures we are authorizing the Ar ryas partment of Transportation to enter into the
process necessary to obtain a Partial Releas
Property Owner's Signature:
Must sign even if you do not have a Me
Date: 6 2V
CI T� •T�Q'':
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W-9
Request for Taxpayer
Give Form to the
Form
(Rev. October2018)
Identification Number and Certification
requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service
► Go to www.irs.gov/FormW9 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.
City of Fayetteville
2 Business nameldisregarded entity name, if different from above
M
yP
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
Y
4 Exemptions codes apply only to
P� ( PP Y Y
R
following seven boxes.
certain entities, not individuals; see
a
p
❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
instructions on page 3):
M
y
single -member LLC
Exempt payee code (if any)
ao
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
o
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
n
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
LLC that is disregarded from
code ( if any)
0.
another not 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.
u
2] Other (see instructions) 0-GovermenUlnc.
vwuk� �a �� r= �nr a� «��• U.S)
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5 Address (number, street, and apt. or suite no.) See instructions.
Requester's name and address (optionaQ
a:
cn
113 W. Mountain St.
6 City, state, and ZIP code
Fayetteville, AR 72701
7 List account number(s) here (optional)
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 (SSN. However, fora
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
m
_ m -
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
t�LJ
TIN, later.
Or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and j Employer identification number
Number To Give the Requester for guidelines on whose number to enter. (—T-1
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 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 Ow-eildification, but you must provide your correct TIN. See the instructions for Part II, later.
veyrr Signature of
Here U.S, person ►
General Instr
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 MN) 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)
Date 0-
- 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 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. 10-2018)
CityClerk
From: Pennington, Blake
Sent: Tuesday, June 2, 2020 11:09 AM
To: CityClerk
Cc: Paxton, Kara; Branson, Lisa
Subject: RE: Hwy. 16/112 Spur Interchange
I have no issues adding them to the packet.
Blake E. Pennington
Assistant City Attorney
Tele: (479) 575-8313
bpennin tg onrctfayetteville-ar.gov_
From: CityClerk <cityclerk@fayetteville-ar.gov>
Sent: Tuesday, June 02, 2020 10:54 AM
To: Pennington, Blake <bpennington@fayetteville-ar.gov>
Cc: Paxton, Kara <kapaxton@fayetteville-ar.gov>; Branson, Lisa <Ibra nson@fayetteville-ar.gov>
Subject: FW: Hwy. 16/112 Spur Interchange
Blake,
Your thoughts? Please see email below from Brandi.
Thanks,
Lisa
From: Paxton, Kara <kapaxton@fayetteville-ar.gov>
Sent: Tuesday, June 2, 2020 10:02 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: FW: Hwy. 16/112 Spur Interchange
Lisa,
Can you please review the email below and determine if these pages need to be added. Also, it looks like we need the
Mayor's signature on them as well.
Thank you,
K owal Pa.,x to vv
City Clerk Treasurer
City of Fayetteville, Arkansas
kaPaxton (aDfayetteviIle-ar.gov
1
T 479.575.8323
CITY OF
JWM FAYETTEVILLE
ARKANSAS
From: Samuels, Brandi <bsamuels@favetteville-ar.gov>
Sent: Tuesday, June 2, 2020 9:23 AM
To: Paxton, Kara <kapaxton@favetteville-ar.gov>
Cc: Casey, Matt <mcasey@favetteville-ar.gov>
Subject: FW: Hwy. 16/112 Spur Interchange
Ka ra,
Attached are a couple of documents that should have been included in Resolution 127-20, but looks like they were
missed. The Highway Department is needing both of these documents completed and signed before they can pay us for
the easement. Would it be possible for you to get the Mayor's signature on these and email them back to me?
Thank you!
Brandi Samuels
Land Agent
Engineering Division
City of Fayetteville, Arkansas
bsamuels(o)-favetteville-ar.gov
T 479.444.3421
CITY OF
_ FAYETTEVILLE
ARKANSAS
TO: Mayor Lioneld Jordan
FROM: Matt Casey, Engineering Design Manager
DATE: December 6, 2021
STAFF MEMO
SUBJECT: Warranty Deed for dedicating ROW to ArDOT for Highway 16 Interchange
City Council passed Resolution No. 127-20 on May 5, 2020, approving the dedication of
approximately 1.434 square feet of property as ROW to the Arkansas Department of
Transportation for use on the Highway 16 (Wedington Dr) Interchange project.
Please sign attached documents to complete the dedication of the ROW for this project.
Attachments:
Warranty Deed
Affidavit of No Liens
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ARKANSAS DEPARTMENT OF TRANSPORTATION
7OF
ARDOT.gov I IDriveArkansas.com I Lorie H. Tudor, P.E., Director
RIGHT OF WAY DIVISION
KANSAS DEPARTMENT 10324 Interstate 30 P.O. Box 22611 Little Rock, AR 7ZZ03-ZZ61 TRANSPORTATION Phone:501.569.2311 Fax:501,569.2018 i Toll Free:877.569.0120
November 19, 2021
City of Fayetteville
C/O Mayor Lioneld Jordan
113 West Mountain Street
Fayetteville, AR 72701
Job BB0411
Hwy. 16/112 Spur Imprvts. (S)
Washington
Tract: 8
Mayor Jordan:
In order to close Tract 8 and pay for the purchase of property for highway Right of Way for
which a Contract to Sell was signed, I have enclosed a Warranty Deed and an Affidavit of No
Liens for you and Kara Paxton, City Clerk to sign.
Please return the notarized documents to me in the enclosed self-addressed stamped
envelope. After I receive the documents I will promptly mail you $5,175.00 dollars.
Thank you in advance for your cooperation regarding this matter. Please call me anytime at
501-837-8081 if you have any questions.
Sincerely,
Randy Cobb
Closing Agent
Right of Way Division
Arkansas Department of Transportation
10324 Interstate 30 P.O. Box 2261
Little Rock, Arkansas 72203-2261
Mobile: 501-837-8081
randy.cobb _ardot.gov
Job No. BB0411
Tract No. 8
AFFIDAVIT OF NO LIENS
We, Lioneld Jordan and Kara Paxton, upon being duly sworn, state:
1. That The City of Fayetteville, Arkansas, a municipal Corporation, by its Mayor, Lioneld Jordan and
its City Clerk/Treasurer, Kara Paxton, duly certified and authorized at a meeting of the City Council duly called
and held on the 5th day of May, 2020, have conveyed by Warranty Deed to the Arkansas State Highway
Commission, the following described property, to -wit:
Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Center South Sixteenth corner of Section 7; thence North 87°2249"
West along the North line of the Southeast Quarter of the Southwest Quarter of Section 7 a distance of 253.37
feet to a point on the West right of way line of Interstate 49 as established by ArDOT Job 4731; thence South
12°38'06" West along said right of way line a distance of 130.50 feet to a found 8 inch spike with washer for the
POINT OF BEGINNING; thence continue South 12°38'06" West along said right of way line a distance of
119.96 feet to a point on the West right of way line of Interstate 49 as established by ArDOT Job BB0411;
thence North 79° 15'42" West along said right of way line a distance of 12.00 feet to a point; thence North
12°35'38" East along said right of way line a distance of 3.29 feet to a point; thence continue North 12°35'38"
East a distance of 115.14 feet to a found '/z inch rebar; thence South 86°25'10" East a distance of 12.23 feet to
the POINT OF BEGINNING and containing 0.03 acres (1,434 sq. ft.) more or less as shown on ArDOT plans
referenced as Job BB0411.
DWB 06/04/2018 Rev. RMM 09/17/2020 REV.WHK 04/13/2021 Rev. RA 9/9/2021
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 are pending, contemplated or threatened to be 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;
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 grantors the sum of FIVE THOUSAND ONE HUNDRED SEVENTY-FIVE AND NO/100
DOLLARS ($5,175.00) purchase -money for said real estate.
2
n
IN WITNESS our hands on this day of DeU'/LA&r— 12021.
The City of Vayetteville, Arkansas
By;
ULionel or an, Mayor
i
GAT Y
By: LLE ;
Kara Paxton, ity Clerk/Treastirer ;
TON C-go'O'k
STATE OF )
COUNTY OF )
Subscribed and sworn to by Lioneld Jordan and Kara Paxton, Mayor and City Clerk/Treasurer,
respectively, of the City of Fayetteville, Arkansas, Affiants, herein before me this Vr- day of
My Commission Expires: '� --- 10 --22-,
3
r
Job No. BB0411
Tract No. 8
WARRANTY DEED
WITH CONTROL OF ACCESS
KNOW ALL MEN BY THESE PRESENTS:
THAT The City of Fayetteville, Arkansas, a municipal Corporation, by its Mayor, Lioneld Jordan
and its City Clerk/Treasurer, Kara Paxton, duly certified and authorized at a meeting of the City Council
duly called and held on the 5th day of May, 2020, Grantor, for and in consideration of the sum of FIVE
THOUSAND ONE HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS, ($5,175.00), and other good
and valuable consideration, 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,
together with all abutter's existing, future and potential common law or statutory rights of access between the
herein described property and the Grantors' remaining abutting and contiguous land, but saving and excepting
such minerals therein and thereunder, as oil, gas., distillate. condensate, salt water and its component parts, and
all other hydrocarbons which do not interfere with the surface use for highway purposes, said land being more
particularly described as follows, to -wit:
This instrument was prepared by
DavidS Long, 7'1tleAttorney
Arkansas Department of Transportation
P.O. Box 2261, Little Rock Arkansas 72203-2261
if
Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 16 North, Range 30 West,
Washington County, Arkansas, more particularly described as follows:
Commencing at a point being used as the Center South Sixteenth corner of Section 7; thence North 87°2249"
West along the North line of the Southeast Quarter of the Southwest Quarter of Section 7 a distance of 253.37
feet to a point on the West right of way line of Interstate 49 as established by ArDOT Job 4731; thence South
12°38'06" West along said right of way line a distance of 130.50 feet to a found 8 inch spike with washer for the
POINT OF BEGINNING; thence continue South 12°38'06" West along said right of way line a distance of
119.96 feet to a point on the West right of way line of Interstate 49 as established by ArDOT Job BB0411;
thence North 79° 15'42" West along said right of way line a distance of 12.00 feet to a point; thence North
12"35'38" East along said right of way line a distance of 3.29 feet to a point; thence continue North 12135'38"
East a distance of 115.14 feet to a found %z inch rebar; thence South 86°25'10" East a distance of 12.23 feet to
the POINT OF BEGINNING and containing 0.03 acres (1,434 sq. ft.) more or less as shown on ArDOT plans
referenced as Job BB0411.
DWB 06/04/2018 Rev. RMM 09/17/2020 REV.WHK 04/13/2021 Rev. RA 9/9/2021
This conveyance is made for the purpose of a controlled access highway facility and the Grantors
release and relinquishes to the Grantee all abutter's existing, future and potential common law or statutory right
of access between the main thoroughfare of such highway facility and the Grantor's remaining abutting and
contiguous land except that there is reserved and excepted to Grantors heirs and assigns, the right of direct
access, as prescribed and limited by the regulations and policies of the Arkansas State Highway Commission, to
any adjacent frontage road if established and while it may be maintained by proper authority in front of said
land; provided that such policies and regulations shall not prohibit entry onto the frontage road from the
abutting and adjoining lands, however, there shall be no right of direct access from such frontage road to and
from the nearest lane of the thruway or main traveled roadway, but such access shall be only at interchange
points as may be established and maintained by proper authority.
It is expressly intended that these covenants, burdens and restrictions shall run with the land and shall
forever bind the Grantors, their heirs and assigns.
TO HAVE AND TO HOLD the same, including all Grantors' easement, access, and abutters' rights in
any and all remaining and adjoining lands to, from, and across Interstate 49 or such other controlled access
facilities as may be constructed, unto the said Arkansas State Highway Commission 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 its Mayor and City Clerk/Treasurer on this a day of , 2021.
The City pf Fayetteville, Arkansas
By:/
Lioneld J r
By:
Kara Paxton,
ACKNOWLEDGMENT
STATE OF
COUNTY OF
Mayor
Y T RF����i
\1 Y
FAYETTEVILLE
ty Cle k/T�eru r
�'. q'•. KANSP .• ��.
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 Kara Paxton, and being the
Mayor and City Clerk/Treasurer, respectively, of the City of Fayettville, Arkansas, and who had been designated by said
Municipal Corporation to execute the above instrument, to me well personally known, who stated that they were the Mayor
and the City Clerk/Treasurer of said City, a Municipal Corporation, and was duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and on the behalf of said Municipal Corporation, and further stated
and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses
and purposes therein mentioned and set forth. Q`
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on this p' day of 021.
My Commission Expires: g -- (C) - 22y
,Notaryublic
V Y ID JO
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