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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. RK/TRp do � 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 J. lec 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. o� Z'vP �� °b /�2 � // Id 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 ZQ1 NOTq,9;. em • _ ACKNOWLEDGMENT 'Z� C Z 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 Q 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 . ": OU 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: - ��• •�` -ysy 9 AA NSPa0000 Jam' ;� GTnN GO>``,`� �uuu"u [SEAL] �Ambu- t,Sc�od, 02t�f C:�K C\e.rK 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 S %0TARy ✓,n• y= • . rn� • Q. ee'y .o. • •Ma a :O Qom`` 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 I 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. PASSED and APPROVED this 21s` day of November, 2006. APPROVED: By: ATTEST: By: DAN COODY, Mayor SONDRA SMITH, City Clerk T 1 •�v' l I _ - - Adjusted Boundary __It I'1 p it it F V •it I I. tl it i4 'i . cOll T2'stew YWe larel�' L' uTT N Pe,e.t.r-'. y , o°l I 0 125250 500 750 1,000 Feet Property Line Adjustment Westside Wastewater Treatment Plant RESOLUTION NO.1 59-04 MICROFILMEly A RESOLUTION OF AUTHORIZATION TO SELL 35 ACRES OF CITY LAND SOUTH OF PERSIMMON STREET AND WEST OF BROYLES ROAD WHEREAS, pursuant to §34.27 of the Code of Fayetteville, the City Council shall issue notice of its authorization to sell city owned real estate by issuance of a Resolution. 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 gives notice and authorization to offer for sale 35 acres as described in Exhibit A, south of Persimmon Street and west of Broyles Road and north of the new, westside wastewater plant. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that the property should be rezoned as RSF-4, Residential Single Family, 4 units per acre, prior to its sale. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this 35 acre northernmost portion of the 300 acres purchased for the location of the western wastewater facility no longer serves a municipal purpose in that it is not needed (except for street and utility easement purposes) for the development and buffering of the new wastewater plant. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the administration to hire two independent appraisers to conduct appraisals of this 35 acre parcel. PASSED and APPROVED this 5th day of October, 2004. By: ATTEST: &c o" Op ' :( U � �t By: ;FAYETTEVILLE: SOND SMITH, City Clerk s RESOLUTION NO. 109-05 A RESOLUTION SETTING THE MINIMUM BID PRICE FOR THE SALE OF 35 ACRES OF THE WESTSIDE WASTEWATER TREATMENT PLANT SITE, WHICH IS SOUTH OF PERSIMMON STREET AND WEST OF BROYLES ROAD, AT $29,000.00 PER ACRE FOR A TOTAL MINIMUM BID PRICE OF $1,015,000.00 WHEREAS, on October 5, 2004, the City Council passed Resolution No. 159-04 authorizing the City to sell this property and rezone this property to RSF-4. 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 sets the minimum bid at $1,015,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby authorizes staff to solicit sealed bids, at the minimum price set by the City Council, from all interested parties. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that bids must equal or exceed the minimum price set by this Resolution and the appraised value of the property. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby requires that as part of the bid, the buyer must agree to build that portion of Persimmon that abuts this land to local street standards (28 feet wide). PASSED and APPROVED this 7th day of June, 2005. APPROVED: zo 9 o.- By: .O r ATTEST: 1,,,,,,, w By: 4 ,1 SONDRA SMITH, City Clerk DAN COODY, Mayor RESOLUTION NO. 206-05 A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT BETWEEN THE CITY OF FAYETTEVILLE AND J. B. HAYS AND CHARLES W. SLOAN FOR THE SALE OF APPROXIMATELY 33.436 ACRES OF THE WESTSIDE WASTEWATER TREATMENT PLANT SITE FOR $1,039,007.00; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. 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 an Offer and Acceptance contract between the City of Fayetteville and J. B. Hays and Charles W. Sloan for the sale of approximately 33.436 acres of the Westside Wastewater Treatment Plant Site for $1,039,007.00. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor and City Clerk to execute said agreement with J. B. Hays and Charles W. Sloan. PASSED and APPROVED this 18th day of October, 2005. APPROVED: • • :FAYETTEVILLE: _ DAN COODY, ATTEST: By: &m'4M SONDRA SMITH, City Clerk THE CITY OF FAYETTEVILLE, ARKANSAS TO: Mayor Dan Coody Fayetteville City Council THROUGH: Gary Dumas, Operations Steve Davis, Finance and FROM: Tim Conklin, Planning a DATE: September 29, 2005 SUBJECT: Approval of an Offer and Acceptance Contract for $1,039,007 with J.B. Hays and Charles W. Sloan to Sell Approximately 33.436 acres of the Westside Wastewater Treatment Plant Site. Director© Internal Services Directo nd Development Director `. RECOMMENDATION Staff recommends approval of the contract to sell the property for $1,039,007. BACKGROUND The Fayetteville City Council passed Resolution No. 159.04 Notice of Intent to Sell on October 5, 2004 and passed Resolution No. 10905 setting the minimum bid price at 1,015,000. The deadline to submit sealed bids was on September 22, 2005. There was one bid which exceeded the minimum bid price. The bid does include the condition from the buyer that the property be approved for a residential subdivision and Persimmon Street be relocated to the south through the 33.436 acres. The property will be required to be rezoned by the City to RSF-4 prior to the sale. The buyer will also be responsible for improving all of Persimmon Street and one-half of 54`h Street. BUDGET IMPACT The proceeds from this sale will be used to help fund the wastewater system improvement project. City of Fayetteville Bid 05-64, 33.436 Acres MIL oldie 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 I. Buyer a ft &.c to • S/oAl'offers to buy, from the City of Fayetteville, Seller, subject to the t s and conditions set forth herein, the following described property. Adjusted Tract "A" Description (Doc. Ref. 2005-00009354 Lot Line Adjustment): A tract of land being a part of the North Half (N'A) of the Northeast Quarter (NE'..) of Section Fourteen (14), Township Sixteen (16) North, Range Thirty,one (31) West, Washington County, Arkansas, described as follows: Beginning at a railroad spike which marks the northeast corner of said Section 14, as shown on Tyrone Vinson's plat found at Washington County Land Title Record 2000 75843-51 and run thence North 8T' 42' 17 West a distance of 2,648.05 feet to a railroad spike which marks the northwest comer of said Northeast Quarter of said Section 14; thence South 02° 35' 16West along the west line of said Northeast Quarter a distance of 601.00 feet to a set steel pin; thence leaving said west line and running South 87° 42' 12° East a distance of 2647.75 feet to the east fine of said Northeast Quarter of Section 14; thence along said east line North 2° 3T 00' East a distance of 601.00 feet to the POINT OF BEGINNING, containing 1,591,366 square feet or 36.53 acres, more or less. LESS AND EXCEPT (Persimmon Street Dedication): The North Thirty-five (35) feet of the Northeast Quarter (NE%) of Section 14. Township 16 North, Range 31 West of the Frith Principal Meridian, Washington County, Arkansas, being more particularly described as follows: Beginning at the Northeast Corner of the NE'/. of said Section 14 and running North 87' 42' 12' West 2648.05 feet along the North fine to the Northwest corner of the NE'/. of said Section 14; thence along the west tine of the NE'/. of said Section 14, South T 35' 1G West 35.00 feet; thence leaving said west line. South 87° 42' 12' East 2648.03 feet to the east line of the NE% of said Section 14; thence North 2° 37 00' East along said east line 35.00 feet to the Point of Beginning, containing 92,680 square feet or 2.127 acres, more or less. LESS AND EXCEPT (541° Avenue Dedication): A part of the Northwest Quarter (NW'/.) of the Northeast Quarter (NE'/.) of Section 14, Township 16 North, Range 31 West, Washington County, Arkansas, described as follows: Commencing at a railroad spike which marks the Northwest corner of said NE/. of said Section 14, thence South 02° 35' 16' West along the West One of said NE'/. a distance of 35.00 feet, to the Point of Beginning thence continuing along said West line South 02° 35' 16° West a distance of 566.00 feet to a set steel pin; thence leaving said West line and running South 87' 47 17 East a distance of 61.93 feet; thence North 02° 51' 34' East a distance of 568.02 feet, to a point along the proposed south right-of-way fine of Persimmon Street thence along said south right-of-way line; North 87° 42'' 17 West a distance of 64.61 feet, to the Point of Beginning, containing 35,810 square feet or 0.822 acres, more or less. LESS AND EXCEPT (Broyles Avenue Dedication): A part of the Northeast Quarter (NE'A) of the Northeast Quarter (NE''/.) of Section 14, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Beginning at a steel pin on the east line of the NE'/. of said Section 14, said pin being South 02° 37 00' West 248.93 feet from the Northeast comer of the NE'A of the NE'/. of said Section 14; thence leaving the east line of the NE'. of said Section 14 and running South 12° 34' 42' West 64.91 feet to a steel pin at the beginning of a curve to the left having a radius of 739 feet and a delta angle of 09° 37 15, thence along the arc of said curve a distance of 124.09 feet to a steel pin; thence South 02° 57' 26° West 165.0 feet thence South 87° 47 12' East 23.34 feet, to the East boundary fine of the NE'/. of said Section 14; thence along said east boundary line. North 02° 37' 00' East 352.24 feet to the Point of Beginning, containing 6,416 square feet or 0.147 acres, more or less. NET ACREAGE: 33.436 ACRES 2. Purchase Price: subject to the following conditions the Buyer shall pay for the property at closing the total and cash payment of $ __Ir_03'q 0O') . — cash_ 3. Contingent Earnest Money Deposit: The BuyeQ � `(24L r 6J.. herewith tenders a check for $5,000 to the City of Fayetteville, hereinafter referred to as Seller, asearnestmoney, 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 the Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money shall be promptly refunded to Buyer. If Buyer fails to fulfill his obligations under the contract or after all conditions have been met, Buyer fails to close this transaction the earnest money may at the option of the Seller, become liquidated damages to the 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 cost 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 s'xvey 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 the Buyer. 7. Taxes and special assessments due on or before closing shall be paid by the 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 dosing date is designated to be ninety (90) days after acceptance of this offer by the Seller. The location and time of closing shall be agreed to by Seller and Buyer. 10. Possession of the property shall be delivered to the 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 the Seller_ 13. By submitting this bid, you agree that the Fayetteville City Council will award this bid to the bidder that is foreseen to have the "best interest of the City of Fayetteville" in mind. The "best interest of the City of Fayetteville" is to be determined by the Fayetteville City Council. 14. The City of Fayetteville reserves the right to reject any bid. 15. This AGREEMENT shall be governed by the laws of the State of Arkansas. 16. This AGREEMENT, when executed by both 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 2oo3 17. This contract expires if not accepted, on or before the day of .i00rt_ 18. 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 EARNEST MONEY DEPOSIT. WITNESS OUR HANDS.THIS TODAY OF O6/QBB1L. , 2005. CITY OF FAYETTEVILLE, FAYETTEVI A/�T�TEST: COMPANY SECRETARYJ ( / 33c Th4So- c l>)FC- BUSINESS ADDRESS t If e A City Clerk F GENERAL. ADDENDUM BID 05-64, 34.436 ACRES M/L Westside Wastewater Treatment Plant Site Bid Offer & Acceptance 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 34.436 Acres M/L. / Jt7J Buyer (/7jg c9Q , 1 hJ, Buyer RESOLUTION NO. 32-06 A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REALIGNING PERSIMMON STREET BETWEEN BROYLES ROAD AND LEGACY POINT SUBDIVISION SOUTH OF THE CURRENT ALIGNMENT AS DESCRIBED AND DEPICTED IN THE ATTACHED MAP WHEREAS, Collector Streets are intended to provide traffic circulation within residential areas, collecting traffic to channel it into the arterial system, and should be indirect connections between arterials to discourage use by traffic outside the neighborhood; and WHEREAS, the existing alignment of Persimmon Street continues a long, uninterrupted, direct street connection between arterials that encourages high speed and cut -through traffic from outside the neighborhood; and WHEREAS, the City Council finds that a realignment of Persimmon Street to the south as indicated in the attached map maintains the integrity of the east -west Collector connection while better protecting existing and future neighborhoods by creating a more indirectly aligned Collector Street. 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 amends the Master Street Plan as indicated in Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this 21' d; ATTEST: By: S RA SMITH, City Clerk Z „ -: r frrc/ 1 ( , I 1 ti�� ✓fib-, i ili I f� a S� -a- 4 _ I,C/]TCLM✓41M __ ♦ r i�l 1 ) ♦ •1 li flff t Y: l I EI ♦ i � � I V / �\11j1i , �!\ YI � I �♦� \e i. IS '/ I ii ildE :\ i fnvLnYwNWlwb 1 :.. .' _'I. ♦ '. _ :1: I{ 111 / - II; $ i 11 1 ♦ ! i � III 11 _ /".,•'t- Lit -Tits l f: I __ r � I 111,) I i—_`:_I I1 1 S •� 1 III1 ; s Imo] 111f INIL x�' 1 i 1 n 1 j� r ____________ J t v 1, '. �' �� / -� rl Y1 1 7 1i _'- • 11.1II Y pr II Op uo l 1: I • •- I I . '• ^FiP iL t5ttt: .. ,� I(1x3lnN� 1♦l � / 1 � _ 111 TLi � P\.. �`__♦ 1 l - � 1111444 tl ;' � \ � I n l ^ \ . `"t •. ! � ¢ V r � /�. Bpi ♦ WI•l. - ) 1 �� ifM31IM . I •• I City Council Meeting of February 21, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy Pate, Director of Current Planning1 Date: February 01, 2006 Subject: Approval of a resolution to amend the Master Street Plan realigning Persimmon Street between Broyles Road and Legacy Point Subdivision (ADM 06-1916) RECOMMENDATION The Fayetteville Street Committee and staff recommend approval of a resolution amending the Master Street Plan to realign Persimmon Street (a Collector) south of its current configuration. The Planning Commission voted unanimously to deny the original proposal as presented, and the applicant has presented an alternative alignment to address some of the raised concerns. This realignment maintains the integrity and purpose of the Master Street Plan, allowing for the needed east -west and north -south future connections in this area. BACKGROUND The applicant proposes to amend the Master Street Plan for Persimmon Street between Legacy Pointe S/D Phase IV and Broyles Avenue in West Fayetteville. The primary change lies within property currently owned by the City of Fayetteville, who has contracted to sell to the applicant. Originally a part of the Wastewater Treatment Plant site, approximately 35 acres of property was advertised to sell through the City Council. The contract for purchase includes a contingency that states a Master Street Plan amendment must be approved by the City. Council in order for the sale to be finalized. The reason this is requested is due to the current direct alignment of streets in the area that connect major arterials and concerns voiced by neighbors and the applicant about creating cut -through, high-speed traffic if Persimmon is continued in a long, straight stretch (2.8 miles) from the Interstate to Double Springs Road. Currently Persimmon Street west of Broyles Avenue continues in a direct line to 54'h Street. It is a gravel road that serves a few large, single family lots to the north. Should the 35 acres to the south be developed, it is likely that a portion of this street would be improved. The applicant proposes to relocate the Collector Street south of the intersection of Broyles and Persimmon (see attached maps), dedicating the entire right-of-way within the property, to allow for a full street section to be constructed at the time of development. This option continues to provide the important east -west connection while creating a more indirect route, thereby discouraging high-speed traffic in this predominantly residential area. The proposal also realigns Persimmon Street west of 54'h City Council Meeting of February 21, 2006 Agenda Item Number on property recently purchased by the applicant and intended for development of Legacy Pointe Phase V_ This would alleviate an intersection issue of Persimmon, 54`h and the future Sunshine Road, which is a Principal Arterial. The existing Persimmon Street would remain in place, for • the most part, though some improvements to provide continued access while discouraging cut through traffic will likely occur at the time of development. DISCUSSION This item was heard at the Street Committee meeting of January 12, 2006, at which the four members voted to forward this item to the City Council with a recommendation of approval. The Planning Commission on January 23 voted unanimously against the proposal, finding that it did not alleviate any problems in the area and created difficult turning movements. In response to these comments, the applicant has presented a new alternative, in which the intersection alignment is maintained, thereby not creating the difficult turning movements, but moving the rest of the street to the south. Staff is supportive of this new configuration. BUDGET IMPACT None. From: Clarice Pearman To: Conklin, Tim Date: 12.8.06 11:40 AM Subject: Ord. 4950 Attachments: 4950 Hays & Sloan Land sale.pdf CC: Audit Tim: Attached is a copy of the above ordinance passed by City Council November 21, 2006 regarding the Hays & Sloan land sale. The mayor had been out of town and I've finally got signatures and processed ordinances and resolutions to return. Thank you for your patience and sorry for the inconvenience. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us