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Home My WebLink About102-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 102-23 File Number: 2023-512 ARDOT ROW DEDICATION: A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 1,061 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the dedication of approximately 1,061 feet of right-of-way to the Arkansas Department of Transportation for the Highway 16 Project without any remuneration or monetary consideration and authorizes Mayor Jordan to sign the Contract to Sell Real Estate for Highway Purposes, a copy of which is attached to this Resolution, and any other documents necessary for the dedication. PASSED and APPROVED on May 2, 2023 Page 1 Attest: �14��R441 Kara Paxton, City C le treasurer ' ''x) C '. CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MAY 2, 2023 TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Casey, Engineering Design Manager DATE: CITY COUNCIL MEMO 2023-512 SUBJECT: Dedication of Right of Way on Highway 16 to ArDOT for Highway 16 (Stone Bridge Road to East Roberts Road) project. RECOMMENDATION: Staff recommends City Council approval of the dedication of approximately 1,061 square feet of right of way to the Arkansas Department of Transportation for use on the Hwy 16 (Stone Bridge Road to East Roberts Road) 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 Hwy 16 (Stone Bridge Road to East Roberts Road). This project is to widen the roadway to 4 and 5 lanes with bike lanes from just east of Stone Bridge Road to Roberts Road. As part of the Wastewater Treatment Plant project in 2005, the City of Fayetteville purchased a parcel of land at 3504 E. Huntsville Road (Parcel No. 765-14253-000). 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 requested the donation of right of way along Huntsville Road as follows: 1. Tract 3, located on the north side of Hwy 16 and consists of approximately 1,061 square feet of right of way (ROW). Many times, in the past, the City has dedicated ROW to ArDOT for highway widening projects. Therefore, staff recommends that the City dedicate these rights of way at no cost to ArDOT. BUDGET/STAFF IMPACT: No impact. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ATTACHMENTS: SRF Hwy 16 ROW, Pages from TR 13 Plans, FINAL 040785.13 DONATION DEED Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-512 Dedication of Right of Way on Highway 16 to ArDOT for Highway 16 (Stone Bridge Road to East Roberts Road) project. A RESOLUTION TO AUTHORIZE THE DEDICATION OF APPROXIMATELY 1,061 SQUARE FEET OF RIGHT-OF-WAY TO THE ARKANSAS DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 16 PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the dedication of approximately 1,061 feet of right-of-way to the Arkansas Department of Transportation for the Highway 16 Project without any remuneration or monetary consideration and authorizes Mayor Jordan to sign the Contract to Sell Real Estate for Highway Purposes, a copy of which is attached to this Resolution, and any other documents necessary for the dedication. Page 1 Matt Casey Submitted By City of Fayetteville Staff Review Form 2023-512 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/3/2023 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends City Council approval of the dedication of approximately 1,061 square feet of right of way to the Arkansas Department of Transportation for use on the Hwy 16 (Stone Bridge Road to East Roberts Road) project and authorize the Mayor to sign all documents related to the dedication of this right of way. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: , 1r. 0 •o , cu ve table T -16-N9 R-30-W ! `0 o ` AR H R s 'O en Ooo '� N Nome-Rodius-- -Length-- -Length-- -Direction---- O1 P.I. = 331 +00.77 i 's N o N - - - - 0 = 50'04'02" RT. ! N D = 01'30'00" rn T = 1783.89' L = 3337.81' R = 3819.72' Q `` / / � S72'41'27"E / ' .01 � 200.00' �� lv SW SE � \ � , �S�yGS p,4� .' 13 � 4 \ � � �, �� Sys • ,> \ loo,' 0 _� y� 19 y> 39„E •� \ �T,t, RES.- IOAI Ac. * a o 58� 01 / / ti 'o $�•pl! 35"E \ `� ` Zj• N�4' 196 53 .16"E / 5 �p1 11 \ 3.4�30 E ? J' 58512.A5 w �' 3„W 15 ITX E-1 5$ eo STA. 337 + 00. 00 END 43 / $ p3 0 O O sue` 155 CONNT. JOB 04078rJ N34'19'05"E; =o — W W 3 CD' S° R S- 4J5 Ac. ± RES° 0.36 Ac. ± o T'G �, 25.51' " 'T�� o _ s 6+, _ \ \ �, N. 20E-1 .N \ S66'9 21 E�,� E � s 20 SITE 1RES' 0J5Ac.* ` s'o N css N p a S50'17'39"E 29.21' ' \� '+1 ri '� 15E-1 C _ 6,- rr' ! "� T RES' o.4�AC.:; ± N 26.64' o.o •`�° \ y •� ! N N 1 XE : ^. Z o 0o a PROP. R/W ov°°i N• �. ^ y ' i ' N Z TCE Z N awe .�: Q / , Z ;. TCE "i a •^� S73'24'59"E S70'01'45"E Q / _`" N O - - , - S77 19'02"E �, �,. h 159.96 — — — — — — \ . ^ S65'6'6'34"E" NN 9E-1 c 0_3� 577'19' E 572T2 9t �-E 4.8 70 29' 27 �6 7 ' 7' S6740 5.339„E S67'46'19"E 2 l7 39 8 10 +E O / 02"_ �2a—, 7�1 — — zo2.97' \ 2' ss °6'3 r N RES.- 8.48 A�+ `-' ,.� �� Z TCE s +" J _ 2� 88 _ EXI�T.�R/W 3.35 00 50.65' 63 • �, 340` ,00 S 1"E 2b (E. HUNT SVILLE RDd l"n S$2'04 5 0-00 CONST. CL \ . ) \ 33 XIST. ^/Vv L S7t't3 U7�"t 5,13 ' S75'46'33"E - - 14.75' -\ LCIa —7.29' '45'S�"F — — —_ - 1.3$10 fi 19.78 ] C17 \ R 95 50' __ 5$ " __ t65.16' _ 4 4 S71 13�45„E C18 C1 L = 141.85' 288Z3' 0) R=J3695.50' - • 155.12 ti . 132.19 Q• b CL = i 29 _ ., . 1. �• o v� r . L 1.84 S26'0 00' " 3Q2•p3' 1 16.28' C 1' S75'04 47 E °, `' „ y"'m � `as ` ! = CD 0 I'19" - — - _ C1 C? " g39'22T4 2'� Mio, �.�' 205.36' "'� I+ }� F. `.o� r� '��a* Nao+.o. _� 4 � = S6 E a a o - o • ao:n ` Lo + • 4' v S 17 13p.39� ms Ma `O PROP. R/W g6g 812 M 'o w m 10` 9'�6 �" ''I'•.. 4 m hob cm�m ` ,Q„rc- I'• _ 22E � ` L s "O �0 W 01 25*00 /�'� �78.12'049s,� 6XE _,� •�, 18E 1, �N 104.43 o N TCE o (�, 21E-1 \ 14t39 12E-1 = 14E- TCE TCt N 4 �,�,��, z 18 z 7-CE „ s +`� #�. TCE TICE 14E-2 12g 13�v, N� RES: IJ9 AC ± N 0 sS85 40'30 "WNvo r 10E-1,, \IE1 TICE 46.24'o' \ \ "^L`^ 85'40'30"ETRES.: 093 A± 4s.24' 8WTCE ..k.± 4 07? Zp 42 RES.- 1.76 Aa It GD 0 \ ? _4, RES.- 123 Aa ±o to % A�� A \ \ .pa 5� RES.- 17AC 4 . ± Z g5 \ 8E-1 \ 5$;25 "w TCE ,� �o TN\N N p'�NA ," STONE BRIDGE RD. — 10 Z " %$'�a5° EAST ROBERTS RD. z\ RES: 195 Ac.± (FAYETTEVILLE) (S) ry Nei • 1 CONST. CL NB�.O %N''' ,p10� 0DI. 331*04'02" 7 ARKANSAS STATE HIGHWAY COMMISSION 9NJA D = 01.30'00" RIGHT OF WAY MAP I 842022 oev6ea� r.16lo/6X &TCE /6EI JM E N��i aR - 3337,81' JOB 040785 WASHINGTON COUNTY NO. DATE DESCRIPTION BY CK•D / 13° 50 25 0 25 50 100 DATE: 0312022 REVISIONS W �� SHEET 70F 10 DESIGNED: C.SCHOPPE REVIEWED: REV/EWER Doc I0: 02112g820005 Type: REL Klnd:.ARRAryry 0EE0 Recorded: OS/09/2023 at 09:26: q0 AM Fee Aet: 135.00 pen. I of 5 Vaehl'At.. County, AR Kyle Sylvester Clrcult Clerk File2023-00014681 Job No. 040785 Tract No. 13 WARRANTY DEED DONATION KNOW ALL MEN BY THESE PRESENTS: That The City of Fayetteville, Arkansas, by its Mayor, Lioneld Jordan, and its City Clerk Treasurer, Kara Paxton, duly certified and authorized at a meeting of the City Council of the City of Fayetteville which was duly called and held on the 2nd day of May . 2023, for and in consideration of the mutual covenants and benefits inuring to the Grantor and the Arkansas State Highway Commission, Grantee, and to the public, the undersigned for and on behalf of said Grantor does hereby agree, without any remuneration or monetary consideration, to donate to the Arkansas State Highway Commission, Grantee, and unto its successors and assigns, upon the terms and conditions hereinafter set forth, the following lands situated in the County of Washington, State of Arkansas, to -wit: Part of the Southwest Quarter of the Southeast Quarter (SW/4 SE/4) of Section 13, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Commencing at State Monument marking the quarter corner common to Sections 13 & 24; thence North 02000'27" East along the West line of the said SW/4 SE/4 of Section 13 a distance of 553.76 feet to a point on the Northerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424; thence along said right of way line on a curve to the right a distance of 139.51 feet, having a radius of 3775.50 feet, the chord of which is South 85° 17'27" East a distance of 139.50 feet to a point; thence continuing along said right of way line on a curve to the right a distance of 342.15 feet, having a radius of 3775.50 feet, the chord of which is South 81038' 10" East for a distance of 342.03 feet to the POINT OF BEGINNING; thence North 02°44'39" East a distance of 22.08 feet to a point on the Northerly right of way line of Arkansas State Highway 16 as depicted on plans prepared for ARDOT Job 040785, thence South 77° 19'02" East along said right of way line a distance of 50.31 feet to a point; thence South 02'56' 11" West a distance of 20.88 feet to a point on the Northerly right of way line of Arkansas State Highway 16 as established by AHTD Job 9424; thence along said right of way line on a curve to the left a distance of 50.05 feet, having a radius of 3775.50 feet, the chord of which is North 78°39'36" West a distance of 50.05 feet to the POINT OF BEGINNING and containing 0.02 acres (1,061 square feet) more or less, as shown on the plans prepared for ARDOT Job 040785. CS / 1-19-22 Rev. RM 3-14-2023 Rev. RM 3-27-2023 See attached EXHIBIT "A" for Area to Acquire In Accordance with Public Law 91-646 as Amended by Public Law 100-17, Title III, Section 301, et seq. of the Uniform Relocation Assistance and Real Property Acquisition Policies Act, the Grantor is entitled to receive an appraisal to establish the value of the lands donated by it as well as just compensation for such donation. Grantor does hereby waive receipt of said authorized appraisal of the lands donated and does hereby waive all of its right to any compensation or monetary remuneration for the property donated by it and described herein. Grantor further, by executing this Donation Warranty Deed, does hereby release and relinquish all of their right to an appraisal, compensation or other consideration for such donation; and Grantor does hereby release and relinquish all claims, causes of action or any obligation of the Arkansas State Highway Commission arising out of or in connection with this donation. TO HAVE AND TO HOLD the same unto the said Arkansas State Highway Commission, Grantee, and unto its successors and assigns forever. And the Grantor hereby covenants with 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 2nd day of May , 2023. The City of Fayetteville, Arkansas Al • FAYEIT�, �;1 ; Kara Paxton, City C rk Treasurer ACKNOWLEDGMENT rriiif3st�i`%N'� STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) 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, being the Mayor, and City Clerk Treasurer, Kara Paxton, who have been duly certified and authorized at a meeting of the City Council of the City of Fayetteville which was duly called and held on the 1st day of March, 2022 to execute the above instrument, to me personally well known, who stated that they are duly authorized in their respective capacity to execute the foregoing instrument for and in the name and on the behalf of said The City of Fayetteville, Arkansas, and further stated and acknowledged that they have 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 as such Notary Public on this 3rc� day of MA`% , 2023. Notary Public My Commission Expires: OS— Oq— ZA3'3 RICHARD SHELTON 111 OFFICIAL SEAL - NOTARY PUBLIC S BENTON COUNTY ARKANSAS COMMISSION t 12722617 MYCOk MISSION EXPIRES 3-09-2033 EXHIBIT "A" AREA TO ACQUIRE — TRACT 13 Tract 13 POINT OF BEGINNING thence North 02°44'39" East a distance of 22.08 feet to a point on the new northerly right of way of Arkansas State Highway 16 as depicted on plans prepared for ARDOT Job 040785, thence South 77°19'02" East along said right of way line a distance of 50.31 feet to a point; thence South 02'56'11" West a distance of 20.88 feet to a point on the said northerly line of Arkansas State Highway 16 as established by AHTD Job 9424; thence along said right of way line on a curve to the left a distance of 50.05 feet, having a radius of 3775.50 feet, the chord of which is North 78°39'36" West a distance of 50.05 feet to the POINT OF BEGINNING and containing 0.02 acres (1,061 square feet) more or less, as shown on the plans prepared for ARDOT Job 040785. CS / 1-19-22 N Uncontrolled Access ❑ Partially Controlled Access — Access break from Station ❑ Fully Controlled Access ❑ Fully Controlled Access with a frontage road ❑ Maintenance Agreement w 7T19'02"E 5b- 31' #- 20.88' 2 to Station R=3,775.50 L=50.05' CL=50.05' CD= S 78 39' 36" E ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Real Property Transfer Tax Affidavit of Compliance Form Grantee (Purchaser) Name Grantor (seller) Name Arkansas Stale Highway Commission City of Fayetteville, Arkansas, by It's Mayor, Llonekl Jordan Address Address Post Office Box 2261 113 West Mountain Street City a-- state Zlp203 Catle city sb LP Cade Little RockAR T2 Fayetteville ARte 72701 Date of real property transfer (as reflected on the transfer instrument). May 2, 2023 Name of the county where the property is located.. Washington County Amount of the full consideration for the transaction: $0.00 Please select the appropriate exemption below: A transfer to or from the United Slates, the Stale of Arkansas, or any of the instrumentalities, agencies, or political subdivisions of the r United States or the State of Arkansas. (' Any instrument or writing given solely to secure a debt. �. Any Instrument solely for the purpose of connecting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the time of the previous recordation. ( An instrument conveying land sold for delinquent taxes. (' An Instrument conveying leasehold interest in land only. �. An instrument, including a timber deed, that conveys or grants the right to remove timber from land g the mstmment grants or conveys the right to remove timber for a period of not to exceed twenty-four (24) months. (. An instrument given by one (1) party in a divorce action to other party to the divorce action as a division of marital property whether by agreement or order of the court �. An instrument given In any judicial proceeding to enforce any security Interest in real estate when the instrument transfers the property to the same person who Is seeking to enforce the security interest. (� An Instrument given to a secured party in lieu of or to avoid a judicial proceeding to enforce a securely Interest In real estate. An Instrument conveying a home financed by the Federal Housing Administration, the United States Department of Veterans Affairs, or �. the United States Departm enl of Agriculture Rural Development, if the sale price of the home is sixty thousand dollars ($60,000) or less and the seller files with the county recorder of deeds a sworn statement by the buyer stating that neither the buyer nor the spouse of the buyer has owned a home within three (3) years of the date of closing and also stating the sale price of the home. An instrument conveying land between corporations, partnerships, limited liability companies, or other business entitles or between a ( business entity and its shareholder, partner or member Incident to the organization, reorganization, merger,consolidabom, capitalization, asset distribution, or liquidation of a corporation, partnership, limited liability company, or other business entity. (� A beneficiary deed under ACA 18A 2608 (` Consideration of $100 or less C Order (Explain). I certify under penalty of false sweanng that documentary stamps or a docu ary symbo in the Kly t M amount has been placed on this instrument. Randy Cobb liati LAW 512M023 (PnM Name) (Sgnatur fRequeston (Date) Real Property Tax ARidavd of Compliance Form (R 10108113) Washington County, AR I certify this instrument was filed on 06/09/2023 09:28:40AM and recorded in Real Estate File Number 2023-00014681 Kyle Sylvester - Circuit Clerk by,..,ti