HomeMy WebLinkAbout2024-01-05-R a
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RESOLUTION#go
A RESOLUTION AUTHORIZING THE DONATION 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, that said property is not being,used by the city,and therefore the city may
lawfully donate the property to the Arkansas State Highway Commission per Arkansas Code
Annotated§ 14-54-302.
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
Agreement for Donation of Real Estate For Highway Purposes which is attached hereto and
incorporated herein by reference.
PASSED AND APPROVED this day of January,2024.
Rick Elumbaugh, Mayor
ATTEST:
Denise Johnston, Ci Clerk
JOB NAME: Hwy. 394—Moorefield (S)Hwy. 69 JOB NO. 050420
TRACT NO. 16
AGREEMENT FOR DONATION
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 agree, without any remuneration or monetary consideration, to donate
to the Arkansas State Highway Commission, Grantee, and unto it successors and assigns, upon .
the terms and conditions hereinafter set forth, the following lands situated in the County of
Clark, State of Arkansas,to-wit:
LEGAL DESCRIPTION
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/s is/are entitled to receive an appraisal to establish the value of the lands
donated as well as just compensation for such donation. Grantor/s does/do hereby waive receipt
of the authorized appraisal of the (lands) donated and do hereby waive all of her/his/their right/s
to any compensation or monetary remuneration for the property described herein.
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 134
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 12°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 82008'16" 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
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.
WITNESS my/our hands/s on this&day of , 20c)-4.
Signature Signature
Signature Signature
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF np(41NCZ
BE IT REMEMBERED,that on this day before the undersigned, a Notary Public,within
and for t e County and State aforesaid, duly commissioned and acting, appeared in
person 6 , to me well known as the Grantor(s) in
the foregoing instrument, and st9ted that he/she/they had executed the same for the consideration
and purposes therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public this 9* day of ,
20 �.
LIV-VAZ AA
MY COMMISSION EXPIRES: 3/06 0-1)3-� 'NOTARY PUBLIC
DENISE M JOHNSTON
NOTARY PUBLIC-STATE OF ARKANSAS
INDEPENDENCE COUNTY
My Commission Expires 03/01/2032
Commission#.12387082