HomeMy WebLinkAboutOrdinance 4950 ORDINANCE NO, 4950
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF
§34.27 OF THE FAYETTEVILLE CODE OF ORDINANCES
AND TO AUTHORIZE THE SALE OF APPROXIMATELY
36.62 ACRES OF THE WESTSIDE TREATMENT PLANT SITE
TO J.B. HAYS AND CHARLES SLOAN FOR $ 1 , 166,367.00
WHEREAS, on October 5, 2004 the City Council passed Resolution No. 159-04
authorizing the sale of about 35 acres of land along Persimmon not needed for the Westside
Treatment Plant; and
WHEREAS, on June 7, 2005, after obtaining appraisals pursuant to §34.27 of the
Fayetteville Code, the City Council set a minimum bid price of $29,000.00 per acre by
Resolution No. 109-05 ; and
WHEREAS, after full compliance with §34.27, the City Council approved the offer and
acceptance contract by only bidder for this acreage, J.B. Hays and Charles Sloan, in the amount
of $ 1 ,039,007.00 for about 33 .436 acres; and
WHEREAS, J.B. Hays and Charles Sloan have agreed to construct Persimmon Street
after its realignment through this parcel, but are desirous of purchasing a total of 36.62 acres.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby determines
that since all of the requirements of §34.27 for the sale of public land were satisfactorily met and
approved for the sale of about 33 .4 acres, it is proper to waive these requirements to sell an
additional 3 .2 acres to provide for a more certain and prompt construction of Persimmon Street.
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby waives the
requirements of §34.27 and approves the Offer and Acceptance Contract attached as Exhibit A in
the amount of $ 1 , 166,367.00 for the sale of about 36.62 acres of city land to J.B. Hays and
Charles W. Sloan and authorizes Mayor Coody to execute the contract and any other documents
or deed to accomplish this sale.
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PASSED and APPROVED this 2151 day of November, 2006. A, .\j 0c�• p ;
= U • • 1� :
@ FAYETTEVI LLE *
APPROVED: ATTEST: 9s'gRK NSPci�:�a
y�
_ ���ed;41 GTON ��%%%
By: �l�h _ ' lG� %'By:
DAN GOODY, Mayor SONDRA SMITH, City Clerk
•
City of Fayetteville
To Revise Offer and Acceptance contract attached to Resolution No. 206-05,
Acreage to be 36.62 Acres, more or less, of the Westside Wastewater Treatment Plant Site
Attachment A: Offer and Acceptance Contract
Note: Attachment A must be submitted with bid documents
OFFER AND ACCEPTANCE CONTRACT
1 . Buyer, J. B. Hays and Charles W. Sloan , offers to buy, from the City of Fayetteville, Seller,
subject to the terms and conditions set forth herein, the following described property.
Part of the NW'% of the NEI/4 and a part of the NEI/4 of the NEI/4 of Section 14,
T16N, R31W in Washington County, Arkansas, and being described as follows:
Commencing at the NW corner of said NW%, NE%, thence East 64.68 feet,
thence South 29.73 feet to the P.O.B.; thence N 89° 51 ' 18" E 2190.37 feet;
thence S 37° 50' 57" E 118. 18 feet; thence S 52" 09' 03" W 62. 18 feet; thence S
370 50' 57" E 100.00 feet; thence S 52° 09' 03" W 302.78 feet; thence S 660 57'
26" W 279.91 feet; thence S 86" 21 ' 34" W 468.74 feet; thence S 00° 08' 43" E
358.87 feet; thence S 890 51 ' 17" W 1316.48 feet; thence N 000 06' 49" E 302.76
feet; thence N 000 25' 00" E 589.47 feet to the P.O.B., containing 36.62 acres,
more or less, subject to easements and rights-of-way of record.
2. Purchase Price: Subject to the following conditions, Buyer shall pay for the property at closing,
the total and cash payment of $1 ,166,367.00.
3. Contingent Earnest Money Deposit: Buyer herewith tenders a check for $5,000.00 to Seller, as
earnest money, which shall apply on the purchase price. This offer of purchase is contingent
upon approval of the Fayetteville City Council, and, if they do not so approve, the earnest money
deposit will be returned to Buyer by Seller. If title requirements are not fulfilled or Seller fails to
fulfill any obligations under this contract, the earnest money shall be promptly refunded to Buyer.
If Buyer fails to fulfill their obligations under this contract or, after all conditions have been met,
Buyer fails to close this transaction, the earnest money may, at the option of Seller, become
liquidated damages to Seller. Alternatively, Seller may assert legal or equitable rights which it
may have because of breach of this contract.
4. Conveyance will be made to Buyer by general Warranty Deed, except it shall be subject to
recorded instruments and easements, if any, which do not materially affect the value of the
property. Such conveyance shall include mineral rights owned by Seller.
5. Seller shall furnish, at Buyer's expense, a policy of title insurance in the amount of the purchase
price from a title insurance company as selected by Buyer.
6. Seller agrees to allow Buyer, at Buyer's expense, to survey the property. Seller agrees, at
Seller's expense, to cure any title problems which may result from any differences between the
recorded legal description of the property and the survey description. Said title problems, if any,
must be solved prior to closing to the satisfaction of Buyer.
7. Taxes and special assessments due on or before closing shall be paid by Seller. Insurance,
general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as
of closing.
8. Seller acknowledges that Buyer offers to purchase the property as outlined in Buyer's proposal
and Request for Proposal incorporated herein and made a part hereof.
9. The closing date is designated to be () days after acceptance of this offer by
Seller. The location and time of closing shall be agreed to by Seller and Buyer.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
10. Possession of the property shall be delivered to Buyer on the date of closing.
11 . All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire, other casualty, or natural disaster occurring up to
the time of closing is assumed by Seller.
13. This AGREEMENT shall be governed by the laws of the State of Arkansas.
14. This AGREEMENT, when executed by bath Buyer and Seller shall contain the entire
understanding and agreement of the parties with respect to the matters referred to herein and
shall supersede all price or contemporaneous agreements, representations and understanding
with respect to such matters, and no oral representations or statements shall be considered a
part hereof.
15. This contract expires, if not accepted on or before the day of
2006.
16. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT THIS OFFER
IS EXPRESSLY CONTINGENT UPON THE FAYETTEVILLE CITY COUNCIL'S APPROVAL OF
THIS OFFER OF PURCHASE AND THAT THE FAILURE OF THIS ENTITY TO SO APPROVE
WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT
LIMITED TO, THE RETURN TO BUYER OF THE $5,000.00 EARNEST MONEY DEPOSIT.
' 7� 7
WITNESS OUR HANDS THIS **frr DAY OFlrirri. 2006.
• • • • 4S CITY FAYETTEVILLE, ARKANSAS,
=�� • G�jY CF •GPS;- AMU 1 IPAL CO ORATION
: FAYETTEVILLE :
:a : By:
ATTEST: = Pose OJ�i ` oody, ayor Seller
.h., 6&4- Wcxoc), L' 1e�- 1X, i
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Buyer
ATTEST: loan Buyer
[Please print or type Name and Title]
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
GENERAL ADDENDUM
36.62 Acres, more or less, Westside Wastewater Treatment Plant Site
Offer and Acceptance Contract subject to the following:
1 . Approval for Large Scale Development for Residential Subdivision, by City of Fayetteville and all
appropriate governing agencies.
2. Approval for ability to change Master Street Plan to move Persimmon to the South thru 36.62
Acres, more or less.
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J. B. s > Buyer Dan Coody, Mayor Seller
W
r es . Sloan Buyer
OFFER AND ACCEPTANCE CONTRACT %p�t��tpr/�
Page 4 of 4 %00'N�Y MPN��'O
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ACKNOWLEDGMENT 'Z�
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STATE OF ARKANSAS '02 '.°'oe�l * !j
j ss. ''�.�0'NTM AR�P�p
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
i. B. Mays and Charles W. Sloan, to me well known as the persons who executed the foregoing
document, and who 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 day of� dear �_, 2006.
of ry Public
MY C MISSION EXPIRES:
ALA
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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 Dan Coody and Sondra
Smith, 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 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 municipal corporation, 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 3ftL day of 200; '
MY COMMISSION EXPIRES: ��``�VFFNLOHEq�'i**op, Notary Public
OTAR)oP �
F'e. UBIIG o . ":
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Part of Parcel No. 765-16201-010 •
Part of Parcel No. 765-16201-020
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 Dollar
($1 .00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, bargain, sell and convey unto J. B. Hays and
Charles W. Sloan, hereinafter called GRANTEE, and unto Grantee's successors
and assigns, the following described land situated in the County of Washington,
State of Arkansas, to-wit:
Part of the NW'/4 of the NEI/4 and a part of the NE'/, of the NEI/4 of Section 14, T16N , R31W in
Washington County, Arkansas, and being described as follows: Commencing at the NW corner of said
NW'/<, NE%, thence East 64.68 feet, thence South 29.73 feet to the P.O.B. ; thence N 890 51 ' 18" E
2190.37 feet; thence S 37" 50' 57" E 118. 18 feet; thence S 52" 09' 03" W 62. 18 feet; thence S 370 50' 57"
E 100.00 feet; thence S 52. 09' 03" W 302.78 feet; thence S 66° 57' 26" W 279.91 feet; thence S 860 21 '
34" W 468.74 feet; thence S 00. 08' 43" E 358.87 feet; thence S 89" 51 ' 17" W 1316.48 feet; thence N
00. 06' 49" E 302.76 feet; thence N 00" 25' 00" E 589.47 feet to the P.O.B., containing 36.62 acres, more
or less, subject to easements and rights-of-way of record.
TO HAVE AND TO HOLD the said lands and appurtenances hereunto belonging unto the said Grantee and
Grantee's successors and assigns, forever. And the said Grantors, hereby covenant that they are lawfully seized of said
lands and premises; that the same is unencumbered, and that the Grantors will forever warrant and defend the title to the
said lands against all legal claims whatever.
WITNESS the execution hereof on this 3� � day of 200
CITY O AYETTEVILLE, ARKANSAS
G�EFtK/TRS,, A M7un* Corpo tion
_ v • �; By
FAYETTEVILLE ; Da oody, Ma
ATTEST:
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-ysy 9 AA NSPa0000
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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 Dan Coody and Sondra Smith, 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, 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 corporation, 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 30k. day of a , 200
MY COMMISSION EXPIRES: pIOHEgD
Orf/ �a`�V��••\•4`\ON #1j3pB.F��i�� (�C/IA�Gr�� G2� ��
2 . � Notary Public ty
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iiz�;'ON N"``%J
Arkansas Democrat V05,axette
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6415
AFFIDAVIT OF PUBLICATION
I , Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of:
Ordinance 4950 EIVED
Was inserted in the Regular Editions: REC
December 8, 2006 DEC 14 2006
Publication Charge : $79 . 13 CITY OFFAYEfTEVILLE
CITY CLERK'S OFFICE
Subscribed and sworn
,, tlo_ before me ORDINANCE NO. 4930
This day of B N 1 t (1 Fit I/ �/I y t , 2006. AN ORDINANCE TO WAIVE THE REOUIREMENB q •
OF §34.27 OF THE FAYETTEVILLE CODE OF ORDb
NANCES AND T3 AUTHORIZE THE $AEE OF e
APPROXIMATELY 38.62 ACRES OF THE WESTSIDE
TREATMENT PLANT SITE TO J.B. HAYS AND ARKANSAS
�/�`�/�/���� CHARLES SLOAN FOR $1,166,387.00
Notary Public `(,CII 1 '4 WHEREAS, on October 5, 2004 the City Council passed Resolution No. 159-04 authorizing the sale
`F/ of about 35 acres of land abng Persimmon rot needed for the Westside Treatment Rant: and
WHEREAS, on June 7, 2005, alter obtaining appraisals pursuant to§34.27 of Me Fayetteville Code,
the City Council set a minimum bid price of S29,000.00 par acre by Resolution No. 109-05: and
WHEREAS, alter full compkance wish §34.27, the City Council approved the offer and acceptance
contract by only bidderfor this acreage, J.B. Hays and Charles Sloan, In the amount of
$1 ,039.907 00 for about 33.436 acres:-and
My Commission Expires: WHEREAS, J.B. Hays and Charles Sloan have agreed to construct Persimmon Street after its
realignment through MIS parcel, but are desirous of purchasing a total of 36:62 acres
NOW, THEREFORE, BE R ORDAINED BY THE CRY COUNCIL OF THE CT' OF
D. WilliamsFAVETTEVILLE, ARKAMSABs
D
Sharlene . WSection 1: That the City Council of the City of Fayetteville, Arkansas hereby determines that since
Notary Public all of the requirements of §34.27 for the select public land were satisfactorily met and approved for
the sale of about 33.4 acres, it is proper to waive these requirements to sell an additional 3.2 acres
State of Arkansas to provide for a more certain and prompt construction of Persimmon Street,
Section 2: That the City Council of Ne City of Fayeneville. Arkansas hereby waives the requirements
My Commission Expires of §34.27 and approves Ne Offer and Acceptance Contract allached as ExNbit A in the amount of
$1,166,367.00 for the sale N about 36.62 acres of city lend to J.B. Hays and Chance; W. Sloan and
authorizes Mayor Goody to execute the contract and any other documents or deed
October 18, 2014 this sate. to accomplish
PASSED and APPROVED this 21 at day of November, 2006.
APPROVED: ATTEST:
DBY.
riAN CODDY, Ma r fONDRA WITH, CNV CIM '
'Exhibit B may be viewed in the city cleri office during normal business hours."
o -ca
Id
City of Fayetteville 4Wy 5d
Staff Review Form
City Council Agenda Items Wa /ia, [711447
or
Contracts �ff/6 'f3�04n
11 /21 /2006
City Council Meeting Date
Tim Conklin Planning and Development Mgt. Operations
Submitted By Division Department
Action Required :
An ordinance waiving the requirements of § 34. 27, Code of Fayetteville and approving a revised offer and
acceptance contract with J. B. Hays and Charles W. Sloan for the sale of approximately 36.62 acres of the Westside
Wastewater Treatment Plant site for $ 1 , 166,367.00; and authorizing the Mayor and City Clerk to execute said
agreement.
N/A
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution #
Department dwect Date Original Contract Date:
Iq O ` Original Contract Number:
City Attorney ( Date
Received in Cit Clerk's ice
ENTERED
Finance and Internal Service Director Date
Received in Mayor's
c/oj rtoq/0�1�
Mayor Date
Comments:
• City Council Meeting of November 21 , 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
TO: Mayor Dan Coody
Fayetteville City Council
THROUGH : Gary Dumas, Operations Director
FROM : Tim Conklin, Planning and Development Management Director
DATE: November 3, 2006
SUBJECT: An ordinance waiving the requirements of § 34.27, Code of
Fayetteville and approving a revised offer and acceptance contract
with J.B. Hays and Charles W. Sloan for the sale of approximately
36.62 acres of the Westside Wastewater Treatment Plant site for
$ 1 , 166,367.00; and authorizing the Mayor and City Clerk to execute
said agreement.
RECOMMENDATION
Staff recommends approval of an ordinance waiving the requirements of § 34.27, Code of
Fayetteville and approving a revised offer and acceptance contract with J .B. Hays and
Charles W. Sloan for the sale of approximately 36.62 acres of the Westside Wastewater
Treatment Plant site for $ 1 , 166,367.00.
BACKGROUND
Staff is working towards completing the land sale of approximately 36.62 acres (north
end) of the Westside Wastewater Treatment Plant 300-acre site to J.B. Hays and Charles
W. Sloan. The buyer has requested an amendment to the property line to remove the
northeast corner of the property (Persimmon and Broyles Road area) and to add
additional land, approximately 3 . 184 acres, to the south. A property line adjustment and
rezoning is currently in process for the adjusted property boundary.
The Water and Sewer Committee has agreed to continue to move forward with the
existing buyers and bring to Council a revised contract for consideration.
Staff is recommending selling an additional 3 . 184 acres for $40,000 per acre which
increases the purchase price by $ 127,360 for an overall purchase price of $ 1 , 166,367.
• City Council Meet• of November 21 , 2006
Agenda Item Number
The following table below shows the difference between the original amount of land and
sale price to the proposed amount of land and sale price.
Acres Price/Acre Total
Original Land Area 33 .436 acres @ $31 ,074.50054 = $ 11039,007.00
Revised Land Area 3 . 184 acres @ $407000.00 = $ 1277360.00
Total $ 19166,367.00
The City Council passed the following resolutions related to the land sale:
• Resolution No. 159-04 on October 5, 2004 authorizing the sale of 35 acres
• Resolution No. 109-05 on June 7, 2005 that set the minimum bid price at $29,000 per
acre
• Resolution No. 206-05 on October 18, 2005 that approved the offer and accepted
the contract for a purchase price of $ 1 ,039,007 for 33 .436 acres.
• Resolution No. 32-06 on February 21 , 2006 that amended the Master Street Plan
to realign Persimmon between Broyles Road and 54`h Street.
BUDGET IMPACT
This land sale was identified in the overall funding strategy for the Wastewater System
Improvement Project (WSIP). The proceeds from this land sale, in the amount of
$ 1 , 166,367, will be used to help fund the WSIP project.
ORDINANCE NO,
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF §34.27
OF THE FAYETTEVILLE CODE OF ORDINANCES AND TO
AUTHORIZE THE SALE OF APPROXIMATELY 36.62 ACRES OF
THE WESTSIDE TREATMENT PLANT SITE TO J.B. HAYS
AND CHARLES SLOAN FOR $ 19166,367.00
WHEREAS, on October 5, 2004 the City Council passed Resolution No. 159-04
authorizing the sale of about 35 acres of land along Persimmon not needed for the Westside
Treatment Plant; and
WHEREAS, on June 7, 2005, after obtaining appraisals pursuant to §34.27 of the
Fayetteville Code, the City Council set a minimum bid price of $29,000.00 per acre by
Resolution No. 109-05 ; and
WHEREAS, after full compliance with §34.27, the City Council approved the offer and
acceptance contract by only bidder for this acreage, J.B. Hays and Charles Sloan, in the amount
of $ 1 ,039,007.00 for about 33 .436 acres; and
WHEREAS, J.B. Hays and Charles Sloan have agreed to construct Persimmon Street
after its realignment through this parcel, but are desirous of purchasing a total of 36.62 acres.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby determines
that since all of the requirements of §34.27 for the sale of public land were satisfactorily met and
approved for the sale of about 33 .4 acres, it is proper to waive these requirements to sell an
additional 3 .2 acres to provide for a more certain and prompt construction of Persimmon Street.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby waives the
requirements of §34.27 and approves the Offer and Acceptance Contract attached as Exhibit A in