HomeMy WebLinkAbout261-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 261-24
File Number: 2024-715
LEWIS BROTHERS LEASING COMPANY (LAND SALE):
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS BROTHERS LEASING
COMPANY, INC. FOR THE SALE OF APPROXIMATELY 0.057 ACRES FOR $100.00
WHEREAS, on October 15, 2024, the City Council passed Resolution 250-24 expressing its intent to sell City owned
property on West Moore Layne to Lewis Brothers Leasing Company, Inc.; and
WHEREAS, the land sale agreement provides for the sale of approximately 0.057 acres to Lewis Brothers Leasing
Company, Inc. for the amount of $100.00; and
WHEREAS, the property is not needed for municipal purposes and it is not necessary to rezone the property at this
time.
NOW, THEREFORE, 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 Land Sale Agreement
attached to this Resolution with Lewis Brothers Leasing Company, Inc. to convey 0.057 acres of City property to
Lewis Brothers Leasing Company, Inc. for the amount of one hundred dollars ($100.00).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Land
Sale Agreement and all other documents necessary to accomplish this conveyance.
PASSED and APPROVED on November 7, 2024
Page 1 FAYETTEVILLEo
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Office of the City Clerk Treasurer
Kara Paxton — City Clerk Treasurer
Jackson Shelton — Senior Deputy City Clerk
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4 RKAN SPS
113 W. Mountain Street, Suite 308
Fayetteville, Arkansas 72701
Phone: 479.575.8323
cityclerk@fayetteville-ar.gov
Departmental Correspondence
To: Lioneld Jordan, Mayor
From: Kara Paxton, City Clerk Treasurer'��G
CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton &
Chief Financial Officer Paul Becker
Date: November 8, 2024
RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure
Mayor Lioneld Jordan,
Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting
November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City
Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you
should these dates change.
The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges
from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also
encouraged me to utilize telework options in the weeks following the initial surgery week. He also
stated that should I need to physically come to work, I need to park as close to the building as
possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning.
In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor
Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24-
hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence.
As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for
official purposes only.
Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature.
Please notify the Accounting Department that check requests will be reviewed and signed by Ms.
Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for
approving purchase requests submitted November 11th — November 15th, 2024.
Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support
all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has
continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton
has been with our office for almost 2 years now and has consistently impressed me by going above
and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully
manage the office while I am out.
M/10
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 7, 2024
TO: Mayor Jordan and City Council
THRU:
CITY COUNCIL MEMO
2024-715
FROM: Lioneld Jordan, Mayor
SUBJECT: Resolution Approving a Land Sale Agreement with Lewis Brothers Leasing Co. for
approximately 0.057 acres of City -owned property
RECOMMENDATION:
Mayor Jordan recommends that the City Council approve a resolution authorizing the sale of approximately
0.057 acres of City -owned property on W. Moore Lane to Lewis Brothers Leasing Company, Inc.
BACKGROUND:
On October 15, 2024, the City Council passed Resolution 250-24 expressing its intent to sell City owned
property on West Moore Layne to Lewis Brothers Leasing Company, Inc.
DISCUSSION:
City staff prepared and published notice of the sale in the newspaper on October 20, 2024, in accordance with
Section 34.27 of the City Code.
BUDGET/STAFF IMPACT:
The City will receive the amount of $100.00, which will cover the City's costs.
ATTACHMENTS: Mayor Jordan Agenda Request Form - Signed (#3), Warranty Deed - City to Lewis Brothers
- W Moore Lane (#4), 250-24 Resolution (#5), Land Sale Agreement - Executed - 103124 (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
== City of Fayetteville, Arkansas
y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-715
Resolution Approving a Land Sale Agreement with Lewis Brothers Leasing Co. for approximately
0.057 acres of City -owned property
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS BROTHERS
LEASING COMPANY, INC. FOR THE SALE OF APPROXIMATELY 0.057 ACRES FOR $100.00
WHEREAS, on October 15, 2024, the City Council passed Resolution 250-24 expressing its intent to
sell City owned property on West Moore Layne to Lewis Brothers Leasing Company, Inc.; and
WHEREAS, the land sale agreement provides for the sale of approximately 0.057 acres to Lewis
Brothers Leasing Company, Inc. for the amount of $100.00; and
WHEREAS, the property is not needed for municipal purposes and it is not necessary to rezone the
property at this time.
NOW, THEREFORE, 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 Land Sale
Agreement attached to this Resolution with Lewis Brothers Leasing Company, Inc. to convey 0.057
acres of City property to Lewis Brothers Leasing Company, Inc. for the amount of one hundred dollars
($100.00).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to
sign the Land Sale Agreement and all other documents necessary to accomplish this conveyance.
Page 1
Civic Clerk Item No.: 2024-715
AGENDA REQUEST FORM
FOR: Council Meeting of November 7, 2024
FROM: Mayor Lioneld Jordan
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS
BROTHERS LEASING COMPANY, INC. FOR THE SALE OF
APPROXIMATELY 0.057 ACRES FOR $100.00
AP131WVED FOR AGENDA:
ioileld Jorda
Mayor
v
Blake Pennington
Senior Assistant City Attorney
Approved as to form
V
'z
Da
Date
RESOLUTION NO.
A RESOLUTION TO APPROVE A LAND SALE AGREEMENT WITH LEWIS BROTHERS
LEASING COMPANY, INC. FOR THE SALE OF APPROXIMATELY 0.057 ACRES FOR
$100.00
WHEREAS, on October 15, 2024, the City Council passed Resolution 250-24 expressing its
intent to sell City owned property on West Moore Layne to Lewis Brothers Leasing Company,
Inc.; and
WHEREAS, the land sale agreement provides for the sale of approximately 0.057 acres to
Lewis Brothers Leasing Company, Inc. for the amount of $100.00; and
WHEREAS, the property is not needed for municipal purposes and it is not necessary to rezone
the property at this time.
NOW, THEREFORE, 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 Land
Sale Agreement attached to this Resolution with Lewis Brothers Leasing Company, Inc. to
convey 0.057 acres of City property to Lewis Brothers Leasing Company, Inc. for the amount of
one hundred dollars ($100.00).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor
Jordan to sign the Land Sale Agreement and all other documents necessary to accomplish this
conveyance.
PASSED and APPROVED this 7"' day of November, 2024.
APPROVED:
an
ATTEST:
go
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Part of Parcel No. 765-15874-001
Doc ID: 021 115 5330002 Type: REL
Kind: WARRANTY DEED
Recorded: 11/18/2024 at 01:51:35 PN
Fee Amt: $20.00 Pape i of 2
Washington County, AR
Kyle Sylvester Circuit Clerk
File2024-00030343
WARRANTY DEED
BE IT KNOWN BY THESE PRESENTS:
THAT the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called GRANTOR, for and in consideration of the sum of One Hundred
Dollars ($100.00), the receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey unto Lewis Brothers Leasing Company, Inc., a
corporation organized pursuant to the laws of the State of Arkansas, hereinafter
called GRANTEE, and unto Grantee's heirs and assigns, the following described
land situated in the County of Washington, State of Arkansas, to -wit:
A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of Section Thirty -Three (33),
Township Seventeen (17) North, Range Thirty (30) West, being more particularly described as follows:
Beginning at a point which is 330.81 feet East and 688.88 feet North of the Southwest corner of said forty
acre tract; thence N00'1T00" E 145.00 feet; thence S89°45'00" E 17 feet; thence S00°1T00" W 145.22
feet; thence N89°00'48" W 17 feet to the point of beginning, containing 0.057 acres, more or less,
Washington County, Arkansas.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's heirs and assigns, forever. And the said Grantor hereby covenants that it is lawfully seized of said lands and
premises; that the same is unencumbered, and that the Grantor will forever warrant and defend the title to the said lands
against all legal claims whatever.
WITNESS the execution hereof on this the 7
[SEAL]
``,ittttIFF1,1,�
.�` F, Y, ' ?RF
FAYETTEVILLE ;
ti
day of November 2024
CITY OF FAYETTEVILLE, ARKANSAS
A Munjcipal Corporation
REVENUE STAMPS AFFIDAVIT
The foregoing deed has the correct amount of Revenue
Stamps affixed or is exempt from such stamps,
Signed:T .�
'LeW76 Brothers Leasing Company, Inc.
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public
within and for said County and State, personally appeared Lioneld Jordan and Kara Paxton, to me well known as
the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and
City Clerk -Treasurer, respectively, of the City of Fayetteville, Arkansas, a Municipal Corporation, and are duly
authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said
City of Fayetteville, Arkansas, and further stated and acknowledged that they had so signed, executed and delivered
said instrument for the consideration, uses and purposes therein mentioned and set forth.
WITNESS my hand and seal on this —1 day of V Vt V f 2024.
MY COMMISSION EXPIRES:
�`%11 2� ► 2b33
a��
Notary VAblic
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 250-24
File Number: 2024-651
SALE OF LAND TO LEWIS BROTHERS LEASING COMPANY, INC. (RESOLUTION OF INTENT):
A RESOLUTION TO PROVIDE PUBLIC NOTICE THAT THE CITY COUNCIL IS CONSIDERING THE SALE
OF APPROXIMATELY 0.057 ACRES OF LAND ON WEST MOORE LANE IN WARD 4 TO LEWIS BROTHERS
LEASING COMPANY, INC. FOR THE SUM OF $100.00
WHEREAS, West Moore Lane was originally built and dedicated as a county road and became City of Fayetteville
right of way when the land was annexed in 1967; and
WHEREAS, as properties developed in the area, the City acquired additional right of way through dedication and by
deed; and
WHEREAS, on November 21, 2023, at the request of Lewis Brothers Leasing Company, Inc., the City Council
vacated portions of the West Moore Lane right of way adjacent to properties the company owned; and
WHEREAS, by operation of law, most of the vacated right of way reverted to Lewis Brothers Leasing Company, Inc.
but a portion that had been conveyed to the City by deed reverted to the City; and
WHEREAS, Lewis Brothers Leasing Company, Inc. has requested that the City sell the small portion of land so that it
may proceed with its plans for development and has offered to pay $100.00 for the land.
NOW, THEREFORE, 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 notifies the public that the City may sell
approximately 0.057 acres of land to Lewis Brothers Leasing Company, Inc. for the sum of $100.00.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the property does not need
to be rezoned at this time and that no appraisal is necessary as the remnant piece of land is unusable to anyone but
Lewis Brothers Leasing Company, Inc.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby informs the public that the City Council
may consider a City Council resolution to approve a contract to sell this property to Lewis Brothers Leasing Company,
Inc. during the November 7, 2024 City Council Meeting.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby determines that this property adjacent to
the land owned by Lewis Brothers Leasing Company, Inc. is no longer needed for municipal purposes because the City
has sufficient right of way for West Moore Lane and because the property lies in the middle of land owned by Lewis
Page 1
Resolution: 250-24
File Number: 2024-651
Brothers Leasing Company, Inc.
PASSED and APPROVED on October 15, 2024
Page 2
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Attest: ���X'0' K / T y� -1111
A' • • G\T Y nF_ .
;fAYi_II! ;
Kara Paxton, City Clerk Trea urer • ti'�,
Received from Blake Pennington on 11/01/2024 at 10:09 am
LAND SALE AGREEMENT
THIS LAND SALE AGREEMENT ("Agreement") is made and entered into by and
between the City of Fayetteville, Arkansas, a municipal corporation of the State of Arkansas
(hereinafter "Fayetteville") and Lewis Brothers Leasing Company, Inc., a corporation organized
pursuant to the laws of the State of Arkansas ("Purchaser").
For valuable consideration, the receipt and adequacy of which are hereby acknowledged,
Fayetteville and Purchaser agree as follows:
TERMS AND CONDITIONS
Sale
Subject to the terms and conditions of this Agreement, Fayetteville agrees to sell and
Purchaser agrees to purchase certain real property designated as Parcel # 765-15874-001 (the
"Property"). The Property is legally described as follows:
A part of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) of
Section Thirty -Three (33), Township Seventeen (17) North, Range Thirty (30)
West, being more particularly described as follows: Beginning at a point which is
330.81 feet East and 688.88 feet North of the Southwest corner of said forty acre
tract; thence N00°13'00" E 145.00 feet; thence S89°45'00" E 17 feet; thence
S00013'00" W 145.22 feet; thence N89°00'48" W 17 feet to the point of
beginning, containing 0.057 acres, more or less, Washington County, Arkansas
In exchange for the Purchase Price of $100.00 to be paid at the closing, Fayetteville shall
execute and deliver a general warranty deed to Purchaser which shall convey the Property to
Purchaser subject to existing easements and rights of way of record.
2. Contingencies
None.
3. Purchase Price
In consideration of the sale of the Property, Purchaser shall pay to Fayetteville at closing
the purchase price of ONE HUNDRED DOLLARS ($100.00) (the "Purchase Price").
4. Closing Date and Place
Closing shall occur within thirty (30) days following the date this Agreement has been
executed by both parties unless extended by mutual agreement of the parties in writing. The
Closing shall occur at 113 West Mountain Street, Fayetteville, Arkansas unless otherwise agreed
to in writing by the parties.
Date of Possession
Possession of the Property shall be delivered to Purchaser on the Closing date free of any
tenancies or other third party possessory rights.
6. Title Insurance
NIA
Deed and Other Documents
On the Closing date, Fayetteville shall convey marketable title to the Property by general
warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this
Agreement and approved by Purchaser, subject only to current real estate taxes, if any (to be
apportioned between the parties) and existing easements approved by Purchaser. The expense of
revenue stamps and recording fees, if any, shall be paid by Purchaser.
Risk of Loss
Risk of loss as to the Property shall remain with Fayetteville until the Closing date.
Purchaser's Due Diligence
Purchaser may enter upon the Property to conduct any surveying, testing or inspection it
deems necessary to ensure the Property will be appropriate for the construction and use for its
facility. If Purchaser discovers any problems that would adversely impact its development and use
of the Property for its facility, Purchaser shall notify Fayetteville which is granted sixty (60) days
to remediate any problem. Fayetteville may also terminate this Agreement without penalty rather
than remediating any problem or issue discovered by Purchaser. Likewise, if Fayetteville does not
remediate the problem to the satisfaction of Purchaser within the time allowed by this Agreement,
Purchaser may terminate this Agreement without penalty or proceed under this Agreement to
accept the property without resolution of the problem.
10. Notices
Notices required by this Agreement shall be in writing and shall be delivered to:
Lewis Brothers Leasing Company, Inc,
CIO Suzanne Clark, Clark Law Firm
121 West South Street
Fayetteville, Arkansas 72701
sclark@clark-firm.com
City of Fayetteville
ATTN: Mayor's Office
113 W. Mountain Street
Fayetteville, AR 72701 72701
mayor@fayetteville-ar.gov
11. Authority
Each of the parties represent and warrant that they are authorized to enter into this
Agreement and that execution hereof will bind the entities to this Agreement.
12. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same agreement.
13. Facsimile
For purposes of executing this Agreement, a facsimile signature shall be as effective as an
actual signature.
14. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State
of Arkansas.
15. Survival
The representations, warranties, and agreements of the parties contained herein shall
survive the closing date.
16. No Waivers
The waiver by either party hereto of any condition or the breach of any term, covenant or
conditions herein contained shall not be- deemed to be a waiver of any other condition or of any
subsequent breach of the same or of any other tern, covenant or condition herein contained.
17. Time of Essence
Time is of the essence in this Agreement.
18. Invalidity
If for any reason any term or provision of this Agreement shall be declared void and
unenforceable by any court of law or equity, it shall only affect such particular term or provision
of this Agreement and the balance of this Agreement shall remain in full force and effect and shall
be binding upon the parties hereto.
19. Complete Agreement
All understandings and agreements heretofore existing between the parties are merged into
this Agreement that alone fully and completely expresses their agreement. This Agreement may
be changed only in writing signed by both of the parties hereto and shall apply to and bind the
successors and assigns of each of the parties hereto and shall not merge with the deed delivered to
Purchaser at closing.
20. Environmental Assessment
Purchaser may perform such tests and studies as Purchaser may deem necessary or
appropriate to determine the environmental condition of the Property, such tests and studies to
include, without limitation, "Phase I" environmental site assessments and such additional testing,
including "Phase 11" environmental site assessments, as determined by Purchaser to be necessary
in Purchaser's discretion. Fayetteville hereby represents and warrants to Purchaser that, to the best
of its knowledge, the Property is not contaminated with any chemical, material or substance to
which exposure is prohibited, limited or regulated by any federal, state, county, local or regional
authority or which is known to pose a hazard to health and safety and that the Property has never
been used for a landfill, dump site, storage of hazardous substances, or by a maiiutacturer of any
product or for any other industrial use.
Date: /U
LEWIS BROTHERS LEASING
COMPANY, INC.
By
an-Ce�is, CEO
Date: 1 1 /07/2024
CITY OF FAYETTEVILLE,
ARKANSA n
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