HomeMy WebLinkAboutOrdinance 5046 3
ORDINANCE NO. 5046
AN ORDINANCE WAIVING THE REQUIREMENTS OF
ORDINANCE NO. 4358 AND APPROVING AN OFFER AND
ACCEPTANCE CONTRACT BETWEEN THE CITY OF
FAYETTEVILLE AND OZARKS ELECTRIC COOPERATIVE
CORP. FOR TIM SALE OF FOUR (4) ACRES OF UNNEEDED
LAND WITH AN ACCESS AND UTILITY EASEMENT FOR SAME
AT THE WEST SIDE WASTEWATER TREATMENT PLANT FOR
$140,000.00; APPROVING A BUDGET ADJUSTMENT; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
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 waives the requirements of Ordinance No. 4358 and approves an Offer
and Acceptance contract between the City of Fayetteville and Ozarks Electric
Cooperative Corp. for the sale of four (4) acres of unneeded land with an access
and utility easement for same at the West Side Wastewater Treatment Plant for
$140,000.00;. 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 approves a budget adjustment recognizing the revenue.
Section 3. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute said agreement with
Ozarks Electric Cooperative Corp. ��.�``WRK/TR ''�.,,
PASSED and APPROVED this 7h day of August, 2007.
* FAYETTEVILLE •
APPROVE ATTEST: z •• 5 ' �
:,ys .9�KANSP.JZ
By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
OFFER AND ACCEPTANCE CONTRACT
1 . Ozarks Electric Cooperative Corp. an Arkansas Corporation. hereinafter referred to as the "Buyer",
offers to buy, subject to the terms and conditions set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, Ozarks Electric Cooperative shall pay for the
property at closing, the total and cash payment of $ 140.000.
3. Contingent Earnest Money Deposit: Ozarks Electric Cooperative herewith tenders a check for $
100.00 to the City of Fayetteville, as earnest money, which shall apply on the purchase price. This offer
of purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if
they do not so approve, the earnest money deposit will be returned to Ozarks Electric Cooperative by
the City of Fayetteville. If title requirements are not fulfilled or the City of Fayetteville fails to fulfill any
obligations under this contract, the earnest money shall be promptly refunded to Ozarks Electric
Cooperative . If Ozarks Electric Cooperative fails to fulfill their obligations under this contract or,
after all conditions have been met, Ozarks Electric Cooperative fails to close this transaction, the
earnest money may, at the option of the City of Fayetteville, become liquidated damages to the City of
Fayetteville.
4. Conveyance will be made to Ozarks Electric Cooperative 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 the City of Fayetteville.
A
5. The City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a
title insurance company as selected by the City of Fayetteville. Ozarks Electric Cooperative and the
City of Fayetteville shall share equally in the cost of the title insurance.
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6. The City of Fayetteville agrees to allow Ozarks Electric Cooperative , if Ozarks Electric Cooperative
so desires, at Ozarks Electric Cooperative 's expense, to survey the property. The City of Fayetteville
agrees to cure any title problems which may result from any differences between the recorded legal
descriptions of the property and the survey description. Said title problems, if any, must be solved prior
to closing to the satisfaction of the City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated
as of closing.
8. The closing date shall be within Sixty 60 days after approval of this offer by the City Council. If such
date of closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to Ozarks Electric Cooperative on the date of closing.
10. The City of Fayetteville hereby grant(s) permission for Ozarks Electric Cooperative or their designates
to enter the above described property and improvements for the purpose of inspection and/or surveying.
11 . All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is
assumed by the City of Fayetteville.
13. The City of Fayetteville shall disclose to Ozarks Electric Cooperative any and all environmental
hazards of which the City of Fayetteville has actual knowledge.
OFFER AND ACCEPTANCE CONTRACT
Page 2 of 4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both Ozarks Electric Cooperative and the City of Fayetteville 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.
16. This agreement is contingent upon approval of a lot split by the City of Fayetteville Planning Commission.
17. This contract expires, if not accepted by the City of Fayetteville on or before the 31 s' day of
December, 2007.
18. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the CityCouncil
for their approval within one hundred twenty 120 days of acceptance by the City of Fayetteville.
19. NOTICE: THE Ozarks Electric Cooperative AND THE CITY OF FAYETTEVILLE ASSERTS
HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT
UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL
OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE
WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT
NOT LIMITED TO, THE RETURN TO THE Ozarks Electric Cooperative OF THE
$ 100.00 EARNEST MONEY DEPOSIT.
Dated
Date:
SecPt°
AGENT OR WITNESS: (��)
Date:
City of Fayetteville, Arkansas,
A municipal corporation
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OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
A part of the Northeast Quarter (NE /4) of Section 14, Township 16 North, Range 31 West Washington County,
Arkansas, being more particularly described as follows: Commence at the Railroad Spike marking the northwest
Corner of said Northeast Quarter (NE /4) of said Section 14 and run thence South 02035'16" West along the west
line of said Northeast Quarter (NE /4) a distance of 2490.43 feet; thence leaving said west line South 88°32' 18"
East along the North line of an existing 50 foot wide overhead electric right of way, a distance of 130.03 feet to a
set 5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266" for the `True Point of Beginning" of this
boundary description; thence continue South 8803218" East along said north line of said existing 50 foot right of
way a distance of 335.00 feet to a set 5/8" rebar pin with plastic yellow cap stamped "Gary Denzer 1266'; thence
leaving said north line of said existing 50 foot right of way North 0203616" East a distance of 520.21 feet to a set
5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266'; thence North 88032'18" West a distance of
335.00 feet to a set 5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266" ; thence South 0203516"
West a distance of 520.21 feet to the Point of Beginning, containing 4.00 acres, more or less.
In addition to
A part of the Northeast Quarter (NE /4) of Section 14, Township 16 North, Range 31 West Washington County,
Arkansas, being more particularly described as follows: Commence at the Railroad Spike marking the northwest
Corner of said Northeast Quarter (NE Y4) of said Section 14 and run thence South 0235'16" W est along the west
line of said Northeast Quarter (NE Y4) a distance of 2490.43 feet; thence leaving said west line South 88032'18"
East along the North line of an existing 50 foot wide overhead electric right of way, a distance of 130.03 feet to a
set 5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266" for the `True Point of Beginning" of this
boundary description of a utility and access easement being contiguous with the existing 50 foot wide overhead
electric right of way, the aforementioned 4.00 acres, and the 54`h Street; thence leaving said North line of said
existing 50 foot right of way North 0203616" East a distance of 40 feet; thence North 88032'18" West a distance of
130.03 feet; thence South 02035'36" West along the west line of said Northeast Quarter (NE1 /4) a distance of40
feet; thence South 88°32' 18" East a distance of 130.03 feet to the Point of Beginning.
Recorded at 2007-00010234 of the Records of Washington County, Arkansas.
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SIGNED FOR IDENTIFICATION :
Date: 2l¢
1e ,07 i
Date:
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Date:
Dan Coo y, Mayor -'�G•G�jY pF• Gf' ,
Date: � D`/ Q = ; FAYETTEVILLE ;
Sondra Smith, City Clerk 4a •�
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OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
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 Larry Baggettand R.L. Dusty Richards,
to me well known as the person(s) who executed the foregoing document, and who stated and acknowledged that
he/she/they istare the Chairman and Secretary of Ozarks Electric Cooperative Corporation
and islare duly authorized to execute the foregoing instrument for and in the name and behalf of said corporation,
and further stated and acknowledged that he/she/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 24 day of August, 2007.
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MY COMMISSION EXPIRES: �$ONIfLYNS al X
Notary Public-Arkensaa WASHINGTON COUNTY
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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 45t _ dayof , 2007.
MY COMMISSION EXPIRES: .4�EEP\.OHEgp p�/*#* tary Public
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City of Fayetteville; Arkansas
Budget Adjustment Form
Budget Year Department: Sewer Plant Const Rev Date Requested Adjustment Number
2007 Division: g � 7 � 07 ;
Program:
Project or Item Added/Increased: Project or Item Deleted/Reduced:
Increase W SIP project by $140,000. No items reduced. This budget adjustment is necessary
to recognize revenue in the amount of $140,000 from
Ozarks Electric property purchase of four (4) acres of
West Plant property.
Justification of this Increase: Justification of this Decrease:
The increase represents the proceeds from the City's No items reduced. This budget adjustment is necessary
land sale to Ozarks Electric Cooperative Corp. Ozarks to recognize revenue in the amount of $140,000 from
Electric Cooperative is purchasing a four (4) acre section Ozarks Electric property purchase of four (4) acres of
of the West Plant's property; specifically, a part of the West Plant property.
Northeast Quarter of Section 14, Township 16 North,
Range 31 West.
Increase Expense Budget (Decrease Revenue Budget)
Account Name Account Number Amount Project Number
Transfer to WWT Imp Cap 5400 5700 7602 48 140,000 06032 1 .
Contract services 4480 9480 5315 00 140,000 02133 1
Decrease Expense Budget (Increase Revenue Budget)
Account Name Account Number Amount Project Number
Gain/loss sale of assets 5400 0940 6881 02 140,000 06032 1
Trans from Water & Sewer 4480 0948 6602 40 1409000 02133 1
Approval Signatures Budget Office Use Only
Type: A B C / DE `
Requested By Date (�
�, D7
U t M er Date Posted to General Ledger -
Initial Date
Departm t Dire or Posted to Project Accounting
Initial Date
Financ Internal Ser ices Dire or at Entered in Category Log
Initial Date
Ma or Date
City of Fayetteville � I 7
Staff Review Form
City Council Agenda Items 5
or
Contracts UGC K� �IeGT//G
7-Aug-07
O �� r �curee
City Council Meeting Date
David Jurgens Wastewater System Impry Project Water/Wastewater
Submitted By Division Department
Action Required:
Approval of the sale of 4.0 acres of the Citys West Side Wastewater Treatment Plant site to Ozarks Electric
Cooperative for the amount of $140,000 ($35,000.00 per acre), providing an access and utility easement to the
same, and waiving the requirements of Ordinance 4358
($140,000.00) $ Wastewater System Imp Project
Cost of this request Category / Project Budget Program Category / Project Name
5400.0940.6881 .02 $ Water and Wastewater
Account Number Funds Used to Date Program / Project Category Name
06032 $ Water/Sewer
Project Number Remaining Balance Fund Name
Budgeted Item xx Budget Adjustment Attached �x
,
Previous Ordinance or Resolution #
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Depart nt D ector Date Original Contract Date:
li47(=LOriginal Contract Number:
zs a
City Attornet Date
Received in Ci Clerk's ffice
hI ENTERED
7 - 23-07
Finance and Internal Service Director Date
Received in Mayor's Offi a EN' ED
9Z31
Mayor Date
Comments:
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City Council Meeting of August 7, 2007
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water and Wastewater Director u/1
I
Date: July 18 2007
Subject: Approval of the sale of 4.0 acres of the City' s We Side Wastewater Treatment Plant site
to Ozarks Electric Cooperative for the amount of $ 140,000 ($35,000.00 per acre), providing an
access and utility easement to the same, and waiving the requirements of Ordinance 4358
RECOMMENDATION
City Administration recommends approval of the sale of 4.0 acres of the City' s West Side
Wastewater Treatment Plant site to Ozarks Electric Cooperative for the amount of $ 140,000
($35,000.00 per acre), providing an access and utility easement to the same, and waiving the
requirements of Ordinance 4358.
BACKGROUND
Ozarks Electric approached the City about purchasing land adjacent to the West Side WWTP for the
future installation of an electrical substation several years ago. Collocating the two utility facilities
is in the bests interests of both utilities and the public.
DISCUSSION
Selling the property. Staff does not anticipate utilization of this land for wastewater purposes as itis
located at the west and north of the existing WWTP site. There is adequate room for expansion of
the wastewater treatment plant first to the south for an additional 50% capacity increase ( 10 ingd to
15 mgd), and then to the west for a full doubling to 30 mgd, all based on using the current 1
technology. It is likely that technology improvements will reduce this future footprint requirement.
The property layout is such that the City will keep a 50' strip of land between the Ozarks property
and the 54°i Avenue right of way for future trail construction and a tree buffer.
Waiving the ordinance. The $35,000 per acre price is higher than both the $29,000 per acre price .
established by the City Council in resolution 109-05, and $31 ,850 per acre at which the WWTP site
land was sold in 2007. Given the location within and completely surrounded by the City' s West Side
WWTP property, this land is not eligible for sale for commercial or residential use. Thus, staff feels
it would be an unnecessary cost to have a new appraisal, as required in Ordinance 4358 . The entire
West Side WWTP site is zoned residential-agricultural, as is appropriate for the proposed electrical
substation and the WWTP.
BUDGET IMPACT
Funds from this sale will be placed in the WSIP project fund.
Oniks Elco CCMemoMay07
ORDINANCE NO.
AN ORDINANCE WAIVING THE REQUIREMENTS OF
ORDINANCE No. 4358 AND APPROVING AN OFFER AND
ACCEPTANCE CONTRACT BETWEEN THE CITY OF
FAYETTEVILLE AND OZARKS ELECTRIC COOPERATIVE
CORP. FOR THE SALE OF FOUR (4) ACRES OF UNNEEDED
LAND WITH AN ACCESS AND UTILITY EASEMENT FOR SAME
AT THE WEST SIDE WASTEWATER TREATMENT PLANT FOR
$140,000.00; APPROVING A BUDGET ADJUSTMENT; AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
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 waives the requirements of Ordinance No. 4358 and approves an Offer
and Acceptance contract between the City of Fayetteville and Ozarks Electric
Cooperative Corp. for the sale of four (4) acres of unneeded land with an access
and utility easement for same at the West Side Wastewater Treatment Plant for
$140,000.00;. 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 approves a Budget Adjustment recognizing the revenue.
Section 3. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes the Mayor and City Clerk to execute said agreement with
Ozarks Electric Cooperative Corp.
PASSED and APPROVED this 7th day of August, 2007.
APPROVED: ATTEST:
By:
DAN COODY, Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
COzarks Electric Cooperative Corp.
A Touchstone EnergyCooperative
Box 848
Fayetteville, Ai±ansas 72702-0848
(479) 521-2900
May 15, 2007
Andrea Allen
The City of FFayetteville, Arkansas
113 West Mountain 72701
Phone (479) 718-7670
Andrea Allen,
This letter constitutes a Letter of intent to purchase the property and acquire the
casements that Ozarks Electric Cooperative Corporation and The City of Fayetteville
have been in discussion with in regards to and being described as follows:
A part of the Northeast Quarter (NE %n) of Section 14, Township 16 North, Range 31
West, Washington County, Arkansas, being more particularly described as follows:
Commence at the Railroad Spike marking the northwest Corner of said Northeast Quarter
(NE '/a) of said Section 14 and run thence South 02°35' 16" West along the west line of
said Northeast Quarter (NE %4) a distance of 2490.43 feet; thence leaving said west line
South 88°32'18" East along the North line of an existing 50 foot wide overhead electric
right of way, a distance of 130.03 feet to a set 5/8" rebar pin with yellow plastic cap
stamped "Gary Denzer 1266" for the "True Point of Beginning" of this boundary
description; thence continue South 88°32'.18" East along said north line of said existing
50 foot right of way a distance of 335.00 feet to a set 5/8" rebar pin with plastic yellow
cap stamped "Gary Denzer 1266"; thence leaving said north line of said existing 50 foot
right of way North 02°35' 16" East a distance of 520.21 feet to a set 5/8" rebar pin with
yellow plastic cap stamped "Gary Denzer 1266"; thence North 88°32' 18" West a distance
of 335.00 feet to a set 5/8" rebar pin with a yellow plastic cap stamped "Gary Denzer
1266": thence South 02°35'16" West a distance of 520.21 feet to the Point of Beginning,
containing 4.00 acres, more or less;
In addition to
a part of the Northeast Quarter (NE'/,) of Section 14, Township 16 North, Range 31
West, Washington County, Arkansas, being more particularly described as follows:
Commence at the Railroad Spike marking the northwest Comer of said Northeast Quarter
OFFICES IN: SPRINGDALE, AR STILWELL, OK WESTVILLE. OK
COzarks Electric Cooperative
A Touchstone Pricrgy'° Cooperative J6�t
Box 848
Fayetteville, Arkansas 72702-0848
(479) 521-2900
(NE '/+) of said Section 14 and run thence South 02°35' 16" West along the west line of
said Northeast Quarter (NE ''/4) a distance of 2490.4 3 feet; thence leaving said west line
] South 88°32' 18" East along the North line of an existing 50 loot wide overhead electric
right of way, a distance of 130.03 :feet to a set 5/8" rebar pin with yellow plastic cap
stamped "Gary Denzer 1266" being the "True Point of Beginning" of this boundary
description of a utility and access easement being contiguous with the existing 50 foot
wide overhead electric right of way, the afore mentioned 4.00 acres, and 54°i Street;
thence leaving said North line of said existing 50 foot right of way North 02°35' 16" East
a distance of 40 feet; thence North 88°32' 18" West a distance of 130.03 feet; thence
South 02°35'36" West along the west line o:f said Northeast Quarter (NE ¼) a distance of
40 feet; thence South 88°32' 18" East a distance of 130.03 feet to the Point of Beginning.
The price agreed upon was $140,000.00 for the afore mentioned property being
$35,000.00 per acre for four acres with the easements granted for egress and regress of
underground and over head utilities in addition to vehicular and pedestrian traffic by
OECC personnel and their assigns. The property boundaries have been marked in the
field and noted on a plat filed with the Washington County Circuit Clerk on 03/21/2007
�i which was designated as File 2007-00010234.
The land is assumed to be frce and clear of all encumbrances, free of any issues
pertaining to the presence of any Hazardous Substances on, under, or about the Property,
and it is assumed that the Property is not contiguous with or classified as a Wet Lands
area.
Sincerely,
incerely,
t"' tCK6+X.3
Robert Erickson
Engineer
Ozarks Electric Cooperative Corporation
Cc: Mitchell Johnson
Troy Scarbrough
OFFICES IN: SPRINCDALE, AR STILWELL, OK WESTVILLE, OK
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OFFER AND ACCEPTANCE CONTRACT
1. Ozarks Electric Cooperative Corp. an Arkansas Corporation hereinafter referred to as the "Buyer",
offers to buy, subject to the terms and conditions set forth herein, the following described property:
SEE ATTACHED EXHIBIT "A"
FOR PROPERTY DESCRIPTION
2. Purchase Price: Subject to the following conditions, Ozarks Electric Cooperative shall pay for the
property at closing, the total and cash payment of $ 140,000.
3. Contingent Earnest Money Deposit: Ozarks Electric Cooperative herewith tenders a check for $
100.00 to the City of Fayetteville, as earnest money, which shall apply on the purchase price. This offer
of purchase is contingent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if
they do not so approve, the earnest money deposit will be returned to Ozarks Electric Cooperative by
the City of Fayetteville. If title requirements are not fulfilled or the City of Fayetteville fails to fulfill any
obligations under this contract, the earnest money shall be promptly refunded to Ozarks Electric
Cooperative . If Ozarks Electric Cooperative fails to fulfill their obligations under this contract or,
after all conditions have been met, Ozarks Electric Cooperative fails to close this transaction, the
earnest money may, at the option of the City of Fayetteville, become liquidated damages to the City of
Fayetteville.
4. Conveyance will be made to Ozarks Electric Cooperative 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 the City of Fayetteville.
5. The City of Fayetteville shall furnish a policy of title insurance in the amount of the purchase price from a
title insurance company as selected by the City of Fayetteville. Ozarks Electric Cooperative and the
City of Fayetteville shall share equally in the cost of the title insurance.
6. The City of Fayetteville agrees to allow Ozarks Electric Cooperative , if Ozarks Electric Cooperative
so desires, at Ozarks Electric Cooperative 's expense, to survey the property. The City of Fayetteville
agrees to cure any title problems which may result from any differences between the recorded legal
descriptions of the property and the survey description. Said title problems, if any, must be solved prior
to closing to the satisfaction of the City of Fayetteville.
7. Taxes and special assessments due on or before closing shall be paid by the City of Fayetteville.
Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated
as of closing.
8. The closing date shall be within Sixty (60) days after approval of this offer by the City Council. If such
date of closing falls on a weekend or holiday, it will be held the following working day.
9. Possession of the property shall be delivered to Ozarks Electric Cooperative on the date of closing.
10. The City of Fayetteville hereby grant(s) permission for Ozarks Electric Cooperative or their designates
to enter the above described property and improvements for the purpose of inspection and/or surveying.
11. All fixtures, improvements and attached equipment are included in the purchase price.
12. Risk of loss or.damage to the property by fire or other casualty occurring up to the time of closing is
assumed by the City of Fayetteville.
13. The City of Fayetteville shall disclose to Ozarks Electric Cooperative any and all environmental
hazards of which the City of Fayetteville has actual knowledge.
OFFER AND ACCEPTANCE CONTRACT
Paget of 4
14. This agreement shall be governed by the laws of the State of Arkansas.
15. This agreement, when executed by both Ozarks Electric Cooperative and the City of Fayetteville 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.
16. This agreement is contingent upon approval of a lot split by the City of Fayetteville Planning Commission.
17. This contract expires, if not accepted by the City of Fayetteville on or before the 31 day of
December, 2007.
18. The City of Fayetteville shall submit this fully executed Offer and Acceptance Contract to the City Council
for their approval within one hundred twenty ( 120 ) days of acceptance by the City of Fayetteville.
19. NOTICE: THE Ozarks Electric Cooperative AND THE CITY OF FAYETTEVILLE ASSERTS
HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT
UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL
OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE
WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT
NOT LIMITED TO, THE RETURN TO THE Ozarks Electric Cooperative OF THE
$ 100.00 EARNEST MONEY DEPOSIT.
Date:
AGENT OR WITNESS:
City of Fayetteville, Arkansas,
A municipal corporation
Dan Coody, Mayor
Date:
Sondra Smith, City Clerk
OFFER AND ACCEPTANCE CONTRACT
Page 3 of 4
EXHIBIT "A"
PROPERTY DESCRIPTION
A part of the Northeast Quarter (NE Y<) of Section 14, Township 16 North, Range 31 West Washington County,
Arkansas, being more particularly described as follows: Commence at the Railroad Spike marking the northwest
Corner of said Northeast Quarter (NE Y<) of said Section 14 and run thence South 02°3516" West along the west
line of said Northeast Quarter (NE 'A) a distance of 2490.43 feet; thence leaving said west line South 88°32'18"
East alohg the North line of an existing 50 foot wide overhead electric right of way, a distance of 130.03 feet to a
set 5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266" for the "True Point of Beginning" of this
boundary description; thence continue South 88°32'18" East along said north line of said existing 50 foot right of
way a distance of 335.00 feet to a set 5/8" rebar pin with plastic yellow cap stamped "Gary Denzer 12661; thence
leaving said north line of said existing 50 foot right of way North 02°35'16" East a distance of 520.21 feet to a set
5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266"; thence North 88°32'18" West a distance of
335.00 feet to a set 5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266" ; thence South 02°3516"
West a distance of 520.21 feet to the Point of Beginning, containing 4.00 acres, more or less.
In addition to
A part of the Northeast Quarter (NE Y) of Section 14, Township 16 North, Range 31 West Washington County,
Arkansas, being more particularly described as follows: Commence at the Railroad Spike marking the northwest
Corner of said Northeast Quarter (NE Y,) of said Section 14 and run thence South 02°35'16" West along the west
line of said Northeast Quarter (NE Y) a distance of 2490.43 feet; thence leaving said west line South 88°32'18"
East along the North line of an existing 50 foot wide overhead electric right of way, a distance of 130.03 feet to a
set 5/8" rebar pin with yellow plastic cap stamped "Gary Denzer 1266" for the "True Point of Beginning" of this
boundary description of a utility and access easement being contiguous with the existing 50 foot wide overhead
electric right of way, the aforementioned 4.00 acres, and the 541h Street; thence leaving said North line of said
existing 50 foot right of way North 02°35'16" East a distance of 40 feet; thence North 88°32'18" West a distance of
130.03 feet; thence South 02°35'36" West along the west like of said Northeast Quarter (NE1 /4) a distance of40
feet; thence South 88°32'18" East a distance of 130.03 feet to the Point of Beginning.
Recorded at 2007-00010234 of the Records of Washington County, Arkansas.
SIGNED FOR IDENTIFICATION:
Date:
Dan Coody, Mayor
Sondra Smith, City Clerk
OFFER AND ACCEPTANCE CONTRACT
Page 4 of 4
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
, to me well known as the person(s) who executed the foregoing document, and who stated and
acknowledged that he/she/they is/are of
and is/are duly authorized to execute the foregoing instrument for and in the name and behalf of
said , and further stated and acknowledged
that he/she/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 , 2007
Notary Public
MY COMMISSION EXPIRES:
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 day of , 2007.
Notary Public
MY COMMISSION EXPIRES:
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Fil.0023-00000372
8.8.07) Clarice Pearman - Re: Ozarks Electric O&A Page 1
From: David Jurgens
To: Pearman, Clarice
Date: 8.8.07 2:49 PM
Subject: Re: Ozarks Electric O&A
I do not. I'll get one sent to you.
David
>>> Clarice Pearman 8/8/2007 2:44:12 pm >>>
David,
I do not have a signed Offer & Acceptance Agreement by Ozarks Electric. Please let me know if you have a signed agreement.
Have a good day.
Thanks.
Clarice
(8.14.07) 07) Clarice Pearman - Ozark Electric Offer & Acceptance Agrmt Page 1
From: Clarice Pearman
To: Jurgens, David
Date: 8.14.07 12:37 PM
Subject: Ozark Electric Offer & Acceptance Agrmt
David:
You still have not gotten a signed agreement to me. Please let me know the status.
Have a good day.
Thanks.
Clarice
(8.22.07) Clarice Pearman - Re: Offer & Acceptance Contract Page 1
From: Peggy Bell
To: Hyke, Lynn; Pearman, Clarice
Date: 8.22.07 12:22 PM
Subject: Re: Offer & Acceptance Contract
CC: ]urgens, David
Clarice,
I was helping David with one aspect of this project before he left. I have not seen an agreement, however. He will be back to
work on Monday and I will ask him then.
Thanks,
Peggy
>>> Clarice Pearman 8/21/2007 5:03 PM >>>
Lynn:
By chance would you know anything about an Ozark Electric Offer & Acceptance Agreement? David was suppose to get it for me
the day after the last Council meeting (August 7, 2007) before he left. But so far I have not seen one. Please let me know if you or
any of your "team" members know about this item. Your help is appreciated. Have a good day.
Thanks.
Clarice
From: Clarice Pearman
To: Fell, Barbara
Date: 9.6.07 4:55 PM
Subject: Ord. 5046
Attachments: 5046 Ozarks Electric O&A.pdf
Attached is the above ordinance for the budget adjustment I forwarding to you.
(Page 1 of 4) i5 l W
Type: REAL ESTATE Recorded: 8/19/2010 8:49:47 AM bQ1
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Bette Stamps Circuit Clerk
File# 2010-00023722
KNOW ALL MEN BY
That the undersigned Cityof Fayetteville, Grantors, for a good and valuable
consideration, the receifwherein is hereby acknowledged, does hereby grant unto Ozarks
Electric Coopera . ve `Corporation, a corporation and to its successors or assigns, an
easement(s) as scribed and sh wn in the attached exhibit, under and across the lands of
the undersigned situat din the County of Washington, State of Arkansas, and more
particularly desq ed as follows:
PART OF THE NW '/4 OF THE NE '/4 AND A PART OF THE SW 1/4 OF THE NE '/4 OF SECTION
14, T16N, R31W IN WASHINGTON COUNTY, ARKANSAS, AND BEING DESCRIBED AS
FOLLOWS: COMMENCING AT THE NW CORNER OF SAID NW '/4, NE '/4, THENCE EAST
64.68 FEET, THENCE SOUTH 29.73 FEET, THENCE S 00°25'00" W 589.47 FEET, THENCE
S 00°06'49" W 302.76 FEET TO THE POINT OF BEGINNING; THENCE N 89°51'17" E
1111.83 FEET; THENCE S 00°30'56" W 1407.22 FEET; THENCE S 89°51'18" W 699.91
FEET; THENCE N 00°08'42" E 365.80 FEET; THENCE S 89°01'08" W 335.00 FEET; THENCE
S00°08'42" W 360.91 FEET; THENCE S 89°51'18" W 66.40 FEET; THENCE N 00°03'25" E
100.97 FEET; THENCE N 00°2024" E 579.94 FEET; THENCE N 00°31'49" W 257.27 FEET;
THENCE N 00°06'49" E 468.97 FEET TO THE POINT OF BEGINNING; CONTAINING 32.93
ACRES, MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT-OF-WAY OF RECORD.
ADJUSTED DESCRIPTION -TRACT "C"
PART OF THE NW '/4 OF THE NE 1/4, PART OF THE NE '/4 OF THE NE 1/4, PART OF THE SW
1/4OF THE NE 1/4, ALL OF THE SE 1/4 OF THE NE 1/4, PART OF THE NW 1/4 OF THE SE '/4,
PART OF THE NE 1/4 OF THE SE 1/4, PART OF THE SW '/4 OF THE SE, 1/4 AND PART OF THE
SE 1/4 OF THE SE '/4, ALL IN SECTION 14, T16N, R31W IN WASHINGTON COUNTY,
ARKANSAS, AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER
OF SAID SW 1/4, SE 1/4, THENCE N 89° 49' 02" E 1296.61 FEET TO THE POINT OF
BEGINNING; THENCE N 00°08' 19" E 159.56 FEET, THENCE ALONG A CURVE TO THE
RIGHT 621.43 FEET, SAID CURVE HAVING A RADIUS OF 739.00 FEET AND A CHORD
BEARING OF N 24° 13' 43" E 603.28 FEET, THENCE N 41° 40' 25" W 300.22 FEET, THENCE
N 88° 20' 24" W 1278.01 FEET, THENCE N 00° 37' 12" W 385.42 FEET, THENCE N 00° 02'
43" E 194.48 FEET, THENCE N 02° 20' 05" W 74.77 FEET, THENCE N 01° 21' 20" E 130.66
FEET, THENCE N 000 04' 44" W 272.20 FEET, THENCE N O1°00' 32" E 423.65 FEET,
, Page , Pile Number 2010-00 722
(Page 2 of 4)
THENCE N 000 03' 25" E 509.58 FEET, THENCE N 89° 51' 18" E 66.40 FEET, THENCE S
00°08' 42" W 159.30 FEET, THENCE N 890 01,08' E 335.00 FEET, THENCE N 00° 08' 42" E
154.41 FEET, THENCE N 89° 51' 18" E 699.91 FEET, THENCE N 000 30' 56" E 1407.22
FEET, THENCE N 89° 51' 17" E 204.65 FEET, THENCE N 00° 08' 43" W 358.87 FEET,
THENCE N 86° 21' 34" E 468.74 FEET, THENCE N 66° 57' 26" E 279.91 FEET, THENCE N
52° 09' 03" E 302.78 FEET, THENCE N 370 5057" W 100.00 FEET, THENCE N 52° 09,03" E
62.18 FEET, THENCE N 37° 50' 57" W 118.1$ FEET, THENCE N 89° 51' 18" E 392.90 FEET,
THENCE S 00° 09' 12" W 275.18 FEET, THENCE S 000 10' 10" W 295.81 FEET, THENCE S
000 08'54" W 321.19 FEET, THENCE S'OO°'iO' 0" W 2366.46 FEET, THENCE S 05° 32' 21"
W 212.22 FEET, THENCE ALONG A CURVE-STO\THE RIGHT 571.47 FEET, SAID CURVE
HAVING A RADIUS OF 731.00 FEET AND A CHORD BEARING OF S 27° 53' 43" W 557.03
FEET, THENCE S 50° 17' 28" W=`990.50 FEET, THENCE ALONG A CURVE TO THE LEFT
585.60 FEET, SAID CURVE HAVING/A')RADIUS OF 669.00 FEET AND A CHORD BEARING
OF S 25° 12' 54" W 567.08,,.FEET,'THENCE S 00° 08' 19" W 159.17 FEET, THENCE S 89° 49'
13" W 70.00 FEET TO THE,.POINT\OFBEGINNING; CONTAINING 180.35 ACRES, MORE OR
LESS, SUBJECT TO EABFMENTS.AND RIGHT-OF-WAY OF RECORD.
SEE ATTACHEWEXHIBIII SHPWING EASEMENT BOUNDRIES IN HATCHED FORM
And to place, cohstruct,,f operate, repair, maintain, relocate, and replace thereon and in or
upon all streets;�rd, orhighways abutting said lands an electric line or system, and to cut,
trim and control, bbthAwithin and outside said easement, the growth of trees and other
vegetation that may interfere with or threaten to endanger the operation and maintenance of
said line or system. Grantee shall have right to free ingress and egress over adjacent lands of
Grantor for access to this easement.
TO HAVE AND TO HOLD said lands unto Grantee and its successors and assigns
forever. And the undersigned Grantor hereby covenants that I/we am/are lawfully seized of
said lands and I/we will forever warrant and defend the title to the said lands against all legal
claims whatsoever.
And the undersigned specifically release and relinquish all rights of dower, curtesy and
homestead in or to the lands encompassed by this right of way easement.
WITN WHEREOF, the unrsdeigned has set his/her/their hand and seal this
day of (dQj 2010.
City of Fay tteville
BY:
I ELD J AN, Mayor
_FAYETTEVILLE:
, Page , rile Number 2010-00023722
(Page 3 of 4)
ACKNOWLEDGMENT
STATE OF LAY
COUNTY OF .' nn I L T
On this day of &I
Notary Public, personally appeared L' elder
u
Sondra Smith, City Clerk of City of Fayettevil'
are subscribed to the within instrument sand
L
the same for the purposes therein c$i tamed.
IN WITNESS
0
• 4
My Commission Expire a-I-aoit�
2010, before me, the undersigned
ordan, Mayor of the City of Fayetteville and
:known to me to be the persons whose names
Ickngwledged that he/she/they had executed
set my hat -Id and official seal.
•
NOTARY PUBLIC
Page , File Number 2010-00023722
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