HomeMy WebLinkAbout2023-11-02-R RESOLUTION #aC AS- //oa-Ie
A RESOLUTION AUTHORIZING THE SALE OF PROPERTY TO THE ARKANSAS
STATE HIGHWAY COMMISSION
WHEREAS,that the Arkansas Department of Transportation is in the process of widening
Highway 69 from its intersection with 394 through Moorefield;and
WHEREAS, that said widening necessitates that the city deed certain property to the State
Highway Department;and
WHEREAS, the City of Batesville finds that this project will help with economic growth in
Batesville and Moorefield;and
WHEREAS, the City of Batesville finds the amount of funds offered by the state for said
property and easement to be the fair market value.
NOW,THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS
SECTION 1: That the City of Batesville hereby authorizes the Mayor to enter into the
Contract to Sell Real Estate which is attached hereto and incorporated herein by reference,in
exchange for payment of$1,875.00.
PASSED AND APPROVED this oZO day of November,2023.
f
Rick Elumbaugh, Mayor
ATTEST:
Denise Johnston, ay- Clerk
ARKANSAS DEPARTMENT OF TRANSPORTATION
, ARDOT.gov I IDriveArkansas.com I Lorie H.Tudor, RE., Director
KANSAS DEPARTMENT 10324 Interstate 30 1 P.O.Box2261 I Little Rock,AR72203-2261
CA70F TRANSPORTATION Phone:501.569.2000 1 Voice/TTY711 I Fax:501569.2400
11/21/2023
[date
City of Batesville
500 E.Main Street#100,
Batesville, AR 72501
Job 050420
Hwy. 394
Moorefield (S)Hwy. 69
Independence County
Tract 16
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$1,875.00 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: $1,875.00 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 Independence 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 Batesville
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 Independence 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,
Kevin White
Division Head
Right of Way Division
KW-dm
JOB NAME: Hwy. 394—Moorefield (S)Hwy. 69 JOB 050420
TRACT 016
CONTRACT TO SELL
REAL ESTATE FOR HIGHWAY PURPOSES
Grantor: City of Batesville
Address: 500 E. Main Street#100, Batesville, AR 72501
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 Independence, State of Arkansas,to wit:
LEGAL DESCRIPTION
Part of the Northeast Quarter of the Southwest Quarter of Section 13, Township 13 North, Range 6 West,
Independence County, Arkansas being more particularly described as follows:
COMMENCING at a computed corner being used as Center Quarter Corner of said Section 13;thence South
01°41'07" West, along the East line of the Northeast Quarter of the Southwest Quarter of said Section 13 a
distance of 162.65 feet to a point on the South right of way line of Arkansas State Highway 69 (Harrison Street)
as established by AHTD Job 5659 and the POINT OF BEGINNING;thence continue South 01°41'07" West, a
distance of 11.06 feet to a point on the South right of way line of Arkansas State Highway 69 (Harrison Street)
as established by ARDOT Job 050420;thence South 65'56'17" West, along said South right of way line a
distance of 115.85 feet to a point; thence North J 2°06'20" East, a distance of 14.93 feet to a point on the South
right of way line of Arkansas State Highway 69 (Harrison Street)as established by AHTD Job 5659; thence
North 82'08'16" East, along said South right of way line a distance of 18.12 feet to a point;thence North
65°50'25" East, along said South right of way line a distance of 48.36 feet to a point;thence North 62°21'36"
East,along said South right of way line a distance of 46.18 feet to the POINT OF BEGINNING and containing
0.02 acres (928 sq. ft.)more or less as shown on plans prepared by the ARDOT referenced as Job 050420.
DWB 05/25/22
® 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
By Date
PAYMENT DUE-------—--------------------------------------------------------------------$14875.00
(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
Dated this day of , 20
Signature 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
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 day of , 20
MY COMMISSION EXPIRES: NOTARY PUBLIC
Form Request for Taxpayer Give Form to the
(Rev.October2018) Identification Number and Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to wwwJrs.gov/Form WV 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 nameldisregarded entity name,it different from above
m 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 Doty to
00 following seven boxes. certain entities,not individuals;see
C. instructions on page 3r
cp ❑ IndMduaUsole proprietor or ❑ C Corporation ElS Corporation ElPartnership ElTruavestate
o c singie-member LLC Exempt payee code(if any)
0
❑ Limited liability company.Enter the tax classification(C--C corporation,S=S corporation,P=Partrrership)►
`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
1'n LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner o1 the LLC is code rf
L another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( Y)
IL ° Is disregarded from the owner should check the appropriate box for thetax classlficstlon of Its owner.
IC
2 ❑ Other(see instructions)► PAW.1.-C.MMMW WAM go u8i
rq 5 Address(number,street,and apt.or suite no.)See instructions. Requesters name and address(optional)
m
m
u)
6 City,state,and 21P code
7 List account number(s)here(optional)
Ril Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number
backup withholding.For individuals,this is generally your social security number(SSN.However,fora
residentalien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other
entities,it is your employer identification number(Ell 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 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(f any)indicating that I am exempt from FATCA reporting is correct.
CertMcatlon 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 11,later.
Sign Signature of
Here UA.peson► Deb►
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9.
•Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Forth W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T{tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number pTIN),adoption .Forth 1099 A(acquisition or abandonment of secured property}
taxpayer identification number(ATIN),or employer identification number
(Ell to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. if you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
MORTGAGE AUTHORIZATION
This form must be completed and signed by the property owner(s),whether a mortgage exists or not.
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)-
Address:
Telephone#:
Loan#:
Contact Person:
Due to the construction of the above-mentioned project, it may be necessary to obtain a Release. The
mortgagor/property owner(s) is/are aware that some or all the proceeds from this transaction may be required to
be applied towards the principal balance of the mortgage.
By signing below,Mortgagor/Property Owner(whether one or more) is authorizing the Arkansas Department of
Transportation to enter into the process necessary to obtain a Release and furthermore authorizes lender to
release the information requested.
The following closing agent(s) have authorization to request information and/or documentation necessary to
obtain a release.
Closing Agent: Closing Agent:
Phone#: Phone#:
Must sign even if you do not have a MortQaPe
Date: Date:
Property Owner Property Owner
Date: Date:
Property Owner Property Owner