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RESOLUTION TO PROVIDE THE ARKANSAS HIGHWAY DEPARTMENT WITH RIGHT OF WAY FOR THE WIDENING AND IMPROVEMENT OF HIGHWAY 49 SOUTH
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WHEREAS, THE CITY OF JONESBORO HAS RECEIVED A DONATION OF PROPERTY FROM GLENWOOD LIMITED PARTNERSHIP ALONG HIGHWAY 49 SOUTH; AND
WHEREAS, THE ARKANSAS HIGHWAY DEPARTMENT NEEDS SAID PROPERTY FOR PURPOSES OF WIDENING AND IMPROVING HIGHWAY 49 SOUTH AND;
WHEREAS, THE CITY OF JONESBORO BELIEVES SAID IMPROVEMENTS ARE FOR THE USE AND BENEFIT OF THE CITY OF JONESBORO AND ALL ITS RESIDENTS;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF JONESBORO, ARKANSAS THAT:
1. THE CITY OF JONESBORO SHALL PROVIDE THE NEEDED RIGHT OF WAY TO THE ARKANSAS HIGHWAY DEPARTMENT IN RETURN FOR THE WIDENING AND IMPROVEMENT OF SAID HIGHWAY 49 SOUTH BY THE ARKANSAS HIGHWAY DEPARTMENT ON THE PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1
Part of the Northwest Quarter of the Southwest Quarter of Section 36, Township 14 North, Range 3 East, Craighead County, Arkansas, more particularly described as follows:
Starting at the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 36; thence North 88°56'27" East along the North line thereof a distance of 700.45 feet to a point on the Northwesterly proposed right of way line of U.S,. Highway 49 for the point of beginning; thence continue North 88°56'27" East along the North line of the Northwest Quarter of the Southwest Quarter of Section 36 a distance of 83.61 feet to a point on the Northwesterly existing right of way line of U. S. Hwy. 49; thence in a South westerly direction along said existing right of way line on a curve to the left having a radius of 2968.33 feet and an arc length of 551.33 feet (said curve had a chord bearing of South 40°30'52" West and a chord distance of 550.54 feet) to a point; thence North 54°48'24" West along said existing right of way line a distance of 10.00 feet to a point on the Northwesterly proposed right of way line of U. S. Hwy 49; thence North 37°47' 36" East along said proposed right of way line a distance of 247.18 feet to a point; thence North 42°06'09" East along said proposed right of way line a distance of 193.28 feet to a point; thence North 45°59'51" West along said proposed right of way line a distance of 50.00 feet to a point; thence North 44°30'50" East along said proposed right of way line a distance of 52.97 feet to a point of beginning and containing 0.19 acres more or less.
LEGAL DESCRIPTION 1 B
Starting at the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 36;thence South 00°31'47" West along the West line thereof a distance of 1277.22 feet to a point on the Northwesterly proposed right of way line of U S. Highway 49 for the point of beginning; thence North 21°20'44" East along said proposed right of way line a distance of 195.73 feet to a point; thence North 21°32'31" East along said proposed right of way line a distance of 168.62 feet to a point; thence North 22°23'25" East along said proposed right of way line a distance of 203.69 feet to a point; thence North 16°23'57" East along said proposed right of way line a distance of 183.95 to a point; thence North 46°32'30" East along said proposed right of way line a distance of 184.96 feet to a point on the Northwesterly existing right of way line of U. S. Highway 49; thence in a Southwesterly direction along said existing right of way line on a curve to the left having a radius of 2978.33 feet and an arc length of 260.11 feet (said curve has a chord bearing of South 53°34'33" West and a chord distance of 260.03 feet) to a point; thence South 60°55'34" East along said existing right of way line a distance of 10.00 feet to a point; thence in a Southwesterly direction along said existing right of way line on a curve to the left having a radius of 2968.33 feet and an arc length of 476.79 feet (said curve has a chord bearing of South 24°28'20" West and a chord distance of 476.28 feet) to a point; thence South 19°52'15" West along said existing right of way line a distance of 213.28 feet to a point on the West line of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 36; thence North 00°31'47" East along said West line a distance of 29.29 feet to the point of beginning and containing 0.30 acre more or less. Total area to acquire containing 0.49 acre more or less.
TRACT 2
LEGAL DESCRIPTION 2 A
Part of the Northwest ‘Quarter of the Southwest Quarter of Section 36, Township 14 North, Range 3 East, Craighead County, Arkansas, more particularly described as follows:
Starting at the Southwest Corner of the Southwest Quarter of the Southwest Quarter of Section 36; thence North 00°53'50" East along the West line thereof a distance of 1,089.39 feet to a point on the Easterly existing right of way line of U. S. Highway 49; thence North 19°52'15" East along said existing right of way line a distance of 247.32 feet to a point on the South line of the Northwest Quarter of the Southwest Quarter of Section 36 for point of beginning; thence continue North 19°52'15" East along the Easterly existing right of way line of U. S. Highway 49 a distance of 198.35 feet to a point; thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 2,888.33 feet and an arc length of 370.92 feet (said curve has a chord bearing of North 23°32'59" East and a chord distance of 370.66 feet) to a point on the Southeasterly proposed right of way line of U. S. Highway 49; thence South 2351'10" West along said proposed right of way line a distance of 197.03 feet to a point; thence South 21°32'31" West along said proposed right of way line a distance of 163.40 feet to a point; thence South 19°52'54" West along said proposed right of way line a distance of 148.97 feet to a point; thence South 16°59'17" East along said proposed right of way line a distance of 25.00 feet to a point; thence South 19°52'54" West along said proposed right of way line a distance of 31.60 feet to a point on the South line of the Northwest Quarter of the Southwest Quarter of Section 36; thence South 88°53'19" West along said South line a distance of 21.74 feet to the point of beginning and containing 0.08 acre more or less.
AND ALSO
LEGAL DESCRIPTION 2 B
Part of the South Half of the Northwest Quarter and the Northwest Quarter of the Southwest Quarter of Section 36, Township 14 North, Range 3 East, Craighead County, Arkansas, more particularly described as follows:
Starting at the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 36; thence North 88°56'27" East along the North line thereof a distance of 903.04 feet to a point on the Southeasterly existing right of way line of U. S. Highway 49 for the point of beginning; thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 2,888.33 feet and an arc length of 203.65 feet (said curve has a chord bearing of North 49°34'43" East and a chord distance of 203.60 feet) to a point; thence North 51°35'55" East along said existing right of way line a distance of 752.84 feet to a point; thence South 38°24'05" East along said existing right of way line a distance of 10.00 feet to a point; thence North 51°35'55" East along said existing right of way line a distance of 252.39 feet to a point on the Southeasterly proposed right of way line of U. S. Highway 49; thence South 40°22'16" West along said proposed right of way line a distance of 156.86 feet to a point; thence South 56°39'27" West along said proposed right of way line a distance of 322.63 feet to a point; thence South 51°19'19" West along said proposed right of way line a distance of 568.79 feet to a point; thence South 49°15'44" West along said proposed right of way line a distance of 202.34 feet to a point; thence South 45°12'09" West along said proposed right of way line a distance of 196.47 feet to a point; thence South 41°12'09" West along said proposed right of way line a distance of 196.47 feet; thence South 37°18'09" West along said proposed right of way line a distance of 189.34 feet to a point on the Southeasterly existing right of way line of U. S. Highway 49; thence North 54°48'24" West along said existing right of way line a distance of 10.00 feet to a point; thence in a Northeasterly direction along said existing right of way line on a curve to the right having a radius of 2,888.33 feet and an arc length of 623.35 feet (said curve has a chord bearing of North 41°22'34" East and a chord distance of 622.15 feet) to the point of beginning and containing 0.64 acre more or less. Total area containing 0.72 acre more or less.
TRACT 64
Part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 14 North, Range 3 East, Craighead County, Arkansas, more particularly described as follows:
Starting at the Southeast Corner of the Southeast Quarter of the Southeast Quarter of Section 35; thence South 88°38'02" West along the South line thereof a distance of 465.83 feet to point on the Westerly existing right of way line of U. S. Highway 49; thence North 19°52'15" East along said existing right of way line a distance of 966.66 feet to the point of beginning; thence South 89°47'27" West a distance of 20.14 feet to a point on the Westerly proposed right of way line of U. S. Highway 49; thence North 06°44'52" East along said proposed right of way line a distance of 113.90 feet to point; thence North 20°40'00" East along said proposed right of way line a distance of 296.97 feet to a point; thence North 88°40'31" East a distance of 43.60 feet to point on the Westerly existing right of way line of U. S. Highway 49; thence South 19°52'15" West along said existing right of way line a distance of 416.72 feet to the point of beginning and containing 0.38 acres more or less.
TRACT 71
Part of the Southeast Quarter of the Northwest Quarter of Section 36, Township 14 North Range 3 East, Craighead County, Arkansas, more particularly described as follows:
Starting at the Northeast Corner of the Southeast Quarter of the Northwest Quarter of Section 36; Thence South 88°55'27" West along the North line thereof a distance of 237.13 feet to a point on the Northwesterly existing right of way line of U. S. Highway 49; thence in a Southwesterly direction along said existing right of way line on a curve to the right having a radius of 1,653.51 feet a distance of 137.12 feet to a point; thence North 46°54'20" West along said existing right of way line a distance of 10.00 feet to a point; thence in a Southwesterly direction along said existing right of way line on a curve to the right having a radius of 1,643.51 feet a distance of 243.94 feet to point; thence South 51°35'55" West along said existing right of way line a distance of 269.79 feet to point on the Northwesterly proposed right of way line of U. S. Highway 49 for the point of beginning; thence continue South 51°35'55" West along the Northwesterly existing right of way line of U S. Highway 49 a distance of 200.00 feet to point on the Northwesterly proposed right of way line of U. S,. Highway 49; thence North 42°48'51" East a long said proposed right of way line a distance of 101,11 feet to a point; thence North 60°22'11" East along said proposed right of way line a distance of 101.26 feet to the point of beginning and containing 0.04 acre more or less.
2. THAT IN ADDITION THE CITY OF JONESBORO SHALL CONVEY A PERMANENT EASEMENT TO THE ARKANSAS HIGHWAY TRANSPORTATION DEPARTMENT IN RETURN FOR THE ABOVE SET FORTH IMPROVEMENTS AND WIDENING TO U.S.HIGHWAY 49 SOUTH AT THE EXPENSE OF THE ARKANSAS HIGHWAY DEPARTMENT ON PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Part of the Northwest Quarter of the Southwest Quarter of Section 36, Township 14 North, Range 3 East, Craighead County, Arkansas, more particularly described as follows:
Starting at the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 36; thence South 00°31'47" West along the West line thereof a distance of 1,321.23 feet to the Southwest Corner of the Northwest Quarter of the Southwest Quarter of Section 36; thence North 88°53'19" East along the South line of the Northwest Quarter of the Southwest Quarter of Section 36 a distance of 21.74 feet to a point on the Easterly proposed right of way line of U. S. Highway 49 for the point of beginning; thence North 19°52'54" East along said proposed right of way line a distance of 31.60 feet to a point; thence South 87°13'16" East a distance of 68.01 feet to a point; thence South 00°40'28" East a distance of 24.89 feet to point on the South line of the Northwest Quarter of the Southwest Quarter of Section 36; thence South 88°53'19" West along the South line a distance of 75.18 feet to the point of beginning and containing 0.05 acre more or less.
3. THAT THE MAYOR AND CITY CLERK ARE HEREBY AUTHORIZED TO EXECUTE SUCH DOCUMENTS AS ARE NECESSARY TO EFFECTUATE THIS TRANSFER. SAID PROPERTY SHOULD BE CONVEYED BY SPECIAL WARRANTY DEED, CONVEYING SAID PROPERTY WITH WARRANTY FOR ONLY THOSE DEFECTS IN TITLE AS MAY ARISE OUT OF, AND DURING THE CITY’S OWNERSHIP.
PASSED AND ADOPTED THIS 24TH DAY OF AUGUST, 2001.