HomeMy WebLinkAbout2016-06-09 - Agendas - Final CITY OF
Tay� LY i'I'l e� AGENDA
ARKANSAS
Historic District Commission
June 9, 2016
5:30 PM
113 W. Mountain,
Room 326
Members: Christine Myres (Chair), Teresa Turk (Vice Chair), Jerry Hogan, Will Watson,
Steven Kay, Joshua Youngblood and Rhianon DeLeeuw
City Staff: Andrew Garner, City Planning Director; Quin Thompson, Planner;
Jonathan Curth, Senior Planner; Harry Davis, Planner
Call to Order:
Roll Call:
Presentations:
Announcements:
1. 2015 CLG Grant Projects Update
a. Oaks Cemetery fence and historic plaque by Quin Thompson
b. Historic buildings database website in progress:
http://qis.fayetteville-ar.gov/testing/historicdemo/
by Andrew Garner
Unfinished Business:
2. Proposed Meadow Street Historic District Update by Teresa Turk
3. Proposed University Heights Historic District Update by Teresa Turk
New Business:
4. Approval of the minutes from the April 14, 2016 meeting.
5. Status of Covenant on the Old Post Office on the Square by Harry Davis
6. McNair House National Register Nomination by Jonathan Curth
7. Terms of Historic District Commissioners and Election of Officers for 2016-2017
Adjourn
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard at the public hearings.
Interpreters or TDD, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour
notice is required. For further information or to request an interpreter, please call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the Planning Commission agenda and other pertinent data are open and available for inspection
in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested
parties are invited to review the petitions.
2
Proposed Meadow Street Historic District Map
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St.Dist.
Page 1 of 9
Commissioner Myres
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 2 of 9
Commissioner Hogan
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 3 of 9
City Planning Staff block
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 4 of 9
Commissioner Youngblood
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St.Dist.
Page 5 of 9
Nina Shirkey
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 6 of 9
Commissioner Kay
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 7 of 9
Commissioner Turk
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P RI h1 37
Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 8 of 9
Commissioner Watson
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Historic District Commission
June 9,2016
Agenda Item 2
Proposed Meadow St. Dist.
Page 9 of 9
MINUTES OF A MEETING OF THE
HISTORIC DISTRICT COMMISSION
A regular meeting of the Fayetteville Historic District Commission was held on April 14,
2016 at 5:30 p.m. in Room 219 in the City Administration Building at 113 W. Mountain
Street, Fayetteville, Arkansas.
ITEMS DISCUSSED ACTION TAKEN
2015 CLG Grant Projects Update No action required
Meadow Street Historic District Progress No action required
2016 Preservation Award Nominations
f Publication "On the Avenue" by Tony Wappel Approved
f Jim and Joyce Faulkner Performing Arts Center Approved
Summary of AHPP Visit to Fayetteville No action required
MEMBERS PRESENT MEMBERS ABSENT
Jerry Hogan
Will Watson
Christine Myres
Teresa Turk
Steven Kay
Rhianon DeLeeuw
Joshua Youngblood
STAFF PRESENT
Andrew Garner, City Planning Director; Jonathan Curth, Senior Planner;
Quin Thompson, Planner
5:30 p.m. — Historic District Commission member Jerry Hogan chaired the meeting
and called the meeting to order in Commissioner Myres absence
Upon roll call all members were present except Commissioners Myres and Turk.
Approval of minutes:
Not applicable
Presentations:
Not applicable
Announcements:
2015 CLG Grant Projects Update
Quin Thompson, Planner, gave an update on the Oaks Cemetery fence and historic
plaque that had been recently installed.
Andrew Garner, City Planning Director, gave an update on the historic buildings
database project and website.
Historic District Commission
June 9,2016
Agenda Item 4
04-14-16 Minutes
Page 1 of 2
April 14, 2016
Page 2
Commissioner Watson discussed developing a historic Fayetteville `app' similar to
some other communities.
Unfinished Business:
Andrew Garner, City Planning Director, provided some feedback on the architectural
review forms that had been submitted to the AHPP for the potential Meadow Street
Historic District, discussing some additional information that was needed on all of the
forms.
New Business:
Jonathan Curth, Senior Planner, presented the two applications for 2016 preservation
awards.
Commissioner Hogan gave some background on the publication "On the Avenue" and
on the Jim and Joyce Faulkner Performing Arts Center that was recently renovated.
Motion for Best Preservation Practices Award:
Commissioner Youngblood made a motion to award Allison Architects the Best
Preservation Practices Award for the renovation of the Jim and Joyce Faulkner
Performing Arts Center. Commissioner Kay seconded the motion. Upon roll call the
motion passed by a vote of 5-0-0
Motion for Mayor's Award for Outstanding Service in Historic Preservation:
Commissioner Kay made a motion to award Tony Wappel the Mayor's Award for
Outstanding Service in Historic Preservation for authoring the book "On the Avenue—An
Illustrated History of Fayetteville's US Highway 71B". Commissioner Youngblood
seconded the motion. Upon roll call the motion passed by a vote of 5-0-0
Other Business:
Commissioner Hogan gave a summary of the AHPP visit to Fayetteville on March 29,
2016 and the AHPP's decision that a new historic district in south Fayetteville would be
difficult, but that there was potential for the University Heights neighborhood to become a
historic neighborhood district.
Commissioner Deleeuw discussed the training that she went to in Little Rock and the
various topics that were covered. In particular she discussed the new program for grants
for cemeteries on the National Register.
Commissioner Watson asked about the preservation conference in the summer.
Garner discussed that Quin Thompson would be attending. Staff and would see if there
was budget for a commissioner to attend as well.
There being no further business, the meeting was adjourned at 6:16 PM.
HisYric District Commission
1 June 9,2016
Agenda Item 4
04-14-16 Minutes
Page 2 of 2
1�1 r��iili.ill W .l..I�U�I'��.i rQIR�
ALI•", ft�L!IIEYER
CIRCUIT CLERK
COVENANTS
These covenants made this &Tday of June, 1978 , by and
between Donald E. Bumpass and Edna P . Bumpass , Grantors , and
Arkansas Historic Preservation Program, Grantee .
WITNESSETH
WHEREAS, one of the purposes of the Arkansas Historic
Preservation Program as established by Act 480 of 1975 as
amended is to preserve the historic sites and monuments of the
State of Arkansas and to encourage the owners of such prop-
erties in their preservation and restoration; and
WHEREAS, one method to encourage such preservation is to
make grants for the improvements of historic properties ; and
WHEREAS, the Grantors are the leasehold owners or owners
in fee simple of improved real property located in City of
Fayetteville, County of Washington, State of Arkansas , which
property hereinafter referred to as "premises" is more part-
icularly described as follows :
A port of block 27 of the Original Town Plat of
Fayetteville, Arkansas . Beginning at a point which is
182 . 25 feet West and 57. 60 feet South of the Northeast
corner of said Block 27 to the NW Corner of a now
existing Old Post Office Building; thence with the
foundation of said building the following bearings and
distances : South 21. 45 feet , West 3 . 9 feet , South
7 . 85 feet , East", '. 9 feet , South, 21. 6 feet East 17. 2
feet , South• 7. 0 feet , East 6 . 3 feet , South 25 . 65
feet , East 38. 3 feet , North 4. 2 feet , East 10. 6 feet ,
North 18 . 0 feet , West 4. 3 feet, North 10 . 5 feet ,
East 17. 05 feet , North 6 . 55 feet , East 3. 9' feet , North
7 . 20 feet , West 3. 9 feet , North 24. 4 feet , East 3. 9
feet , North 7. 15 feet , East 3. 9 feet , North 3. 8 feet ,
East 2. 3 feet, West 2 . 3 feet , South . 5 feet , West
5 . 65 feet , North 3. 9 feet , West 7 . 15 feet , South 3. 9
feet , West 2 . 15 feet , North 1. 05 feet, West 55 . 2 feet
South 1. 1 feet , West 15 . 0 feet , to the point of
beginning.
WHEREAS, Arkansas Historic Preservation Program has deemed
that the covenants agreed to in this instrument will aid greatly
in preserving and maintaining the premises consistent with the
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in.ter,es-ts, and purposes of the Arkansas Historic Preservation
Program referred to above ;
NOW,"•, THEREFORE, in consideration of $66 , 700. 00 dollars
and other. .good and valuable consideration, ' the receipt of which
is hereby acknowledged , the Grantors do hereby enter into the
following covenants with the Grantee :
MAINTENANCE AND ADMINISTRATION COVENANT
Provided, however , that for a period of forty (40) years there
shall' run with the.. land - a covenant , enforceable by the State of
Arkansas , requiring the owners and their successors in interest
to repair, maintain and administer the premises , so as to pre-
serve the historic and/or architectural integrity of its fea-
tures-, materials, appearance , workmanship and environment .
FIRST RIGHT OF REFUSAL
The owners , and their successors in interest , if 'any; agree to
give -the ,State of Arkansas first right of refusal in the event
that at - some future time they shall wish to sell the property .
PUBLIC BENEFIT COVENANT
Provided,. hgwever , that for a period -of forty (40) years there
shall. run with the '-land a covenatit., enforceable- by the State
of Arkansas , requiring the owners and their successors in
interest to allow the public to view and visit said property a
minimum of twelve (12) days a year , said twelve (12) days being
liberally- construed as day- and/or night .and established to allow
the public use at a time best . suited. for the property involved.
Further , itis, agree that special tours may be arranged with ,
advance notice given, at times acceptable with the owner ' s use
of the property.
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The covenants herein agree to constitute a binding serv-
itude upon said premises of the Grantors , and to that end
Grantors covenant on behalf of themselves , their agents,
personal representative, heirs and assigns , and all other
successors to them -in interest, with Grantee, such covenants
being deemed to run as a servitude, for a period of 40
years , with the land.
IN WITNESS WHEREOF, we hereunto set our hands .
Dr. D. E. umpass
Mrs . D. E . Bumpass (Edna P. )
STATE OF ARKANSAS }
COUNTY OF WASHINGTON)
RIBED AND SWORN to before me , a Notary Public ,
: a d
� y of 1978.
a
C
"'`�•a1'�'} AoNo�tar
MNI.N
My Commission Expires :
0 SV
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}. FILE .D
.. FDR RECORD
'77 qoy I I AIS 4: ?7
WASHINGTON COUNTY
ARKANSAS
ALMA "OLLMEYEr,
""CMT CLFRK
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, THAT
(1) WI1LIZEA S , an Urban
Roil( Plait (which, together
with all modifications thereof made after thedate of this
Deed in accordance with applicable law, is hereinafter
referred to as the "Urban Renewal Plan" } for tenter S uar
Y Renewal Pro 'ect, q e Urban
No�Ark. R-105 (hcreinafter referred to as"I'roj cct" ) has been adopted b t}i
y e Housing Authority of the
�� City of F'ayett'c:villc on March 19 1971
been approved by the City Boar o. Dand has
'rectors o--t th'e City of
Fayetteville on October 19 1971,: , which Urban Renewal Plan,
as it exists on the dae , ,
te herofis recorded in, the OfficeOf the City Clerk (hereinafter referred to as the "Recorder" ) ,
order } �
(2) WHEREAS, '
the h
Fayetteville ousing Authority of the' City of
is owner acid hold c of record of fee simple
title to certain real property
and located in the Project area;
3) WHEREAS,
nt . to the Urban
Housing AuthoritiespAct,tabeing Act 298 , 1937eAct Plan and the
Act 212, 1945 Acts ot: Aikansas , and amendments and additions
thereto, the Housing Aithority pf the City of Fayetteville
is authorized to sell individual portions of land in the
Project area:
NOW, T[IEREFORE, TIFIS DEED, made this 29th day of
October in the year 1977
Housing Authority of the City of Fayettevillee (hereinafter
referred to as the "Grantor" ) , acting herein pursuant. to
the above-mentioned Act, and Donald E. Bum ass and Edna P.. Bum ass
husband and wife, .
Grantee a n (hereinafter referred to as Bump
ass,
, ni di'vi ural "
WITNESSETH, that for and in consideration of the sum
of FORTY-TWO THOUSAND FIVE HUNDRED AND NO/1000 . 00
Gr -
) , receipt whereof �s hereby acknowledg"e�,
. the antor does, by this Special Warranty Dred, grant,
bargain, sell and convey unto the Grantee and unto its
heirs , successors and assigns forever, the following
described land and premises, situate in the City of
Fayetteville, *Washington County, Arkansas , to-wit :
The property and easements described in Schedule
"A" annexed hereto and made a part hereof by
this reference.
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dna
TO -HAVE AND TO HOLD 'the Sc.anu0 unto the Said Donald E. Bum_pass
& _ P. Bumpass unci unto its hr..irs, successorsai,ti cissic�ras
fur"et-, t_otlut�hcr tir.i.t.h ;ll 1, �11aL1 •�;11UlUllr t:hc� ltc:re'ditanuttt.s and
appurtenances thereunto belongincj or in any wise appertaining.
AND, the Grantor covenants that it will warrant specially
the property hereby c:unvcyed, that is -- that it will warrant
and clefeatc3 alae title to satnc against all claims and eticumbrances
done or suffered by it , but against none other; Providid , .
however, that this Deed is made and execut(-,d upon and is
subject to certain express conditions and covenants, said
unditions and covenants being a hart of the consideration
or the proporty horulav convoyed and are to be taken and
construed as rutaninLJ with the land azul ulaon the continued
observance of tir►aicli anti each of which, with the sole:
exception of covenants numbered FIRST, FIFTH and SI7.TH, the
continued existence of the estate hereby granted shall depend,
and the Grantee hereby binds itself and its heirs, successors ,
assigns , grantees , and lessees forever to these covenants and
conditions which cevenants and conditions are as follows :
FIRST: The Grantee shall devote the property hereby
conveyed only to they uses specified in the ZIPPlicable provisions
of the Urban Renewal Plan or approved modifications thereof:
SECOND: The Grantee shall pay real estate taxes or
assessments on the property hereby conveyed or any part hereof
when due and shall not place thereon any encumbrance or
lien other than for temporary ajld permanent financing of
construction of the Improvements on the property hereby conveyed
as provided for in the Construction Plans, approved by the
Grantor in accordance with Section 5 of the Contract of
Sale, dated the 14th day of October r 1977
between the partz s"hereto, and for ad itch Tonal funds, if any,
in an amount not to exceed the consideration herein specified,
and shall not suffer any levy or attachment to be made or
any other encumbrance or lien to attach until the Grantor .
certifies that all building construction and other physical
improvements specified to be done and made by the Grantee
have been completed; (sixty (60) days after written demand
by the Grantor so to do) ;
THIRD: The Grantee shall commence promptly the con--
, struction of the aforesaid Improvements on the property -
hereby conveyed in accordance with the said Construction
Plans and shall prosecute diligently the construction of
said Improvements to completion : Provjdtcd, That in any event ,
construction shall commence within 7
seven 1from the
date of' this deed and shall - '� ��—'
be completed within six 6
from the commencement of such construction; and, Provided,
That if they morttlacle securing money loaned to finance the
Improvements , or ;any part thereof , is .insured by the Federal
Housing Administration , then the completion time for con-
struction of the Improvements shall be within the time
specified in the applicable Building Loan Agreement approved
by the Federal Housing Administration;
FOURTH : Until th<< Granter certifies that all the
aforesaid Improvements Specified to be done and made by ,the
Grantee have been completed, the Grantee shall have no power
to convey the Property hereby conveyed or any part thereof
without tlae prior written consent: of the Grantor except to
a Mortgagee or Trustee under a Mortclacle or Deed of Trust
permitted by this Deed, and , except as security for obtaining
financing permitted by this Deed, there shall be no transfer,
and the Granted shall not hermit any transfer, .by any party,
owning tcn percent car More of the stock of the Grantee, of such
stock, nor shall therm be , or be suf Cerod to be by the
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Grantee, ally other similarly significant charge in the owner- .
ship of such stock ur ' .i h the rulativu distributiolz thereof ,
or with respocL Lo Lhe i(iunLiLy of the parties in control
Of the Grantee or the degree thureof, by , any other method
or means including , but not limited to, increased capitalization,
merger, corporate,- or other amendments , issuance of additional
or new stock orL dIiissification of stock, or otherwise;
rit-rii : The Grantco agrees for itself and any successor
in interest not to discriminate: upon the f)asis of race , color,
religion, sex or national ori6in in the •sale, lease , or
rental or in the use or occupancy of the property hereby
conveyed or any part thereof or of any Improvements erected
or to be erected thereon or any part ,thereof.
SIXTIi: This conveyance is further subject to the following
conditions - and limitations which shall constitute a preservation
restriction within •the purview of Section 50-1201 , et sect, ,
Ark . Stat.' Ann. :
The: iniprovemeiits on the premises, originally a United
States Postofrice, shall not be demolished or removed,
in whole or in Fart, nor will it be painted, -and the
exterior , including facade, roof, stairways, walkways, ,,,
fixtures and trim will be maintained and preserved in
their present state as nearly as practicable , provided,
however, that' structural changes , alterations , additions
or improvements as would not ,.in the opinion of GRANTOR
fundamentally alter the historic character of the
structures or their setting may be made thereto by .'
GRANTEE, provided that the prior 'writt'en approval of
GRANTOR to such change., alteration, •addition or
improvement shall have been obtained.
The changes , alterations, additions or 'improvements contained
in the Construction Plans; approved by Grantor in accordance
with Section 5 of the Contract of Sale dated the th ' day
of October 1977 , . are deemed approved }ry Grantor in
conformitywith ttfis preservation restriction.
The covenants and agreements contained in the covenant
numbered I'IRST shall terminate on October 19 , 1991 -
The covenants and agreements contained in covenants numbered
SECOND, THIRD, arid' POURTH shall terminate on the date the
Grantor issues the Certi.fcate of Completion as herein provided
except only that the termination of the covenant numbered
SECOND shall in no way be construed to release the Grantee
from its obligation to lay real estate taxes or assessments
on the: property h,:.reby conveyed or any part thereof. The
covenants numbered FUPTll and SIXTH shall remain in effect .
without any limitation as to time.
In case of the breach or violation of any one of the
covenants numbered SECOND, THIRD, and FOURTH at any time prior
to thu time the: rantor ceartitius that all building con-
struction and other physical improvements have been completed,
and in case such breach or such violation shall not be cured,
ended or remedied within 60 days ,after' written demand by
the Grantor so to do with respect to covenant numbered FOURTIi
and three (3) inunths after written demand by the Grantor so .
to do with respect to covenants numbered SECOND and THIRD
(Provided, That a breach or violation with respect to the portion
of covenant numbered THIRD, dealing with completion bf the
Improvements may be cur(2d , ended or remedied within six
(6) months after written demand by the Grantor so to do) or
any further extension. thcreof that may be: quatited by the
Grantor in its solo discretion , then all estate, conveyed
under this Decd,- shall cease. and determine , -and title in
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fee simple to t130 s"1110 shall revert to and' become revestec3
in the- Grantor, or its successors or assigns , and such title
_ shall be rovestecl fully and collipletcly in it, and the said
Grantor, its successors or assigns, shall- be entitled to and
may of right enter upon and take possession of the said
property : P rood, That any such revesting of title to the
Grantor:
(1) Shall always be subject to and limited by, and shall
not defeat, render invalid, or limit in any way
(i) The lien of any mortgage or Deed of Trust permitted
by this Deed; and
Any rights or interests provided in the Contract of
Sale for the protection of the trustees of any such
mortgage; and
(2) In the evOlit thcat title to the said property or part
thereof shall revest in the Grantor in accordance with
the provisions of this Deed, tile, Grantor shall
. pursuant to its responsibilities under applicable
law use its best efforts to resell the property or
part thereof (sub.ject to such mortgage liens as
hereinbefore set forth and Provided) as soon and
in such .a mariner as the Grantor shall find feasible and
consistent with the Objectives of such law, and of the
Urban Renewal Plan, to a qualified and responsible
party or parties (as determined by the Grantor) who
will assume the obligation of making or completing
the Improvements or such other improvements in their
stead as -shall be scitisfactory to the Grantor and
in accordance with the uses specified for the above
described property or any mart thereof in the Urban
Renewal Plan. Upon such resale of the property the
proceeds thereof shall 'be applied: '
First : to reimburse the -Grantor, on its own behalf
or on behalf of the City of Fayetteville, Arkansas ,
for all costs and expenses incurred by the Grantor
including but not limited to, salaries of personnel
in connection with the recapture, management and
resale of the property or part thereof (but less
any income derived by the Grantor from the property
or part thereof in connection with such management) ;
all taxes, assessments, and water and sewer charges
with respect to the: property or part thereof; any
payments pude or necessary to be made to discharge
any encumbrances or liens existinu on the property
or part thereof at the time: of revesting of title
thereto in the Grantor or to discharge or prevent
from attaching or being made any subsequent en-
" umbrances or liens due to obligation, defaults , or
acts of tile: Gratitue, it!; successors or transferrees ;
any expenditures made or obliclations incurred with
respect to the making or completion of the Improvements
or any part thereof oil the property or part thereof;
and any amounts otherwise owing the Grantor by the
Grantee and its successors or transferrees; and
Second: to reimburse the Grantee , its successors
or transferrees up to an amount equal to the sum of
the purchase price paid by it for the property
(or allucah.le to thr }part thereof) and the cash
aCttliilly il)VQ.;LCC Iiy .it in making L111y of the II;nprove-
ments on the prop„arty or Bart thereof, less any gains
or income withdrawn or made by it from this con-
veyance or from the property.
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Any balance romainiml after such reimbursements shall be
retained by the c rl•ajor. . .
The Grantor shall be deumed a beneficiary of covenants
numbered FIRST through SIXTIl, and the United States shall be
doomed 6 benef.iciir.y of the Covenant numbored FIFTH, and
such covenants shall run in favor of the Grantor and the
United States for the entire Poriod during which such covenants
shall be in force and effect, without regard to whether the
Grantor and the United States is or remains an owner of
a.ny land or interest therein to which such covenants relate .
As such a beneficiary, the Grantor , in the event of any breach
of any such covenant- , and the United States in the event of
any breach of the covenant numbered FIFTH, shall have the
right to exercise all the rights and remedies , and to maintain-
any actions at law or suits in equity or other projer proceedings
to enforce the curing of such breach, to whick beneficiaries
of such covenant may be entitled,
Prolptly of ter the completion' of the above-mentioned
Improvements in accordance with the provik ons, of the Con-
struction Plans , the; Grantor ,will furnish the Grantee with an
appropriate instrument so certifying in accordance with the
terms of the Contr6 ct of Pale. Such certification (and it shall
be so- provided in the certification itself) shall be a
conclusive determination of satisfaction and termination of
the agreements and covenants in . the Contract of Sale and A
this Deed obligating the Grantee and its successors and
assi_gns, _with respect to the construction of the Improvements
and the dates for beginning and completion thereof :
Provided, that if there is upon the property a mortgage
insured or held or owned, by the Federal Housing Administration
and ' the Federal Housing Administration .shail have determined
that all buildings constituting a part of the Improvements
and covered by such mortgage are, im fact ; substantially.
completed in accordance with the Construction Plans, and, if
the other agreements and covenants in. the agreement obligating
the Grantee in respect of the construction and completion
of the Improvements have been fully satisfied the Grantor
shall forthwith issue its certification and such determination
shall not constitute: evidence of compliance with or • satisfaction
of any obligation of the Grantee to any holder of a mortgage,
or any insurer of a mortgage, securing money loaned to finance
the Improvements, or any part thereof.
The certification provided for in .thb-paragraph next above
shall be in such form as will enable it to .be recorded in
the proper office for the recordation of_ dceds and other
instruments pertaining to the Property hereby conveyed. If
the Grantor shall refuse or fail to provide such certification,
the Grantor shall within thirty (30Y days after written request
by the Grantee provide the Grantee with a written statement,
indicating in what respects the Grantee has failed to duly
complete said Improvements and what measures or acts will be
necessary, in the opinion of the Grantor, for the Grantee to
take or perform in order to obtain such certification.
The Grantor certifies that all conditions precedent to
the valid execution and delivery of this Special Warranty
Deed on its part: have been complied with and that all things
necessary to constitute this Special Warranty Deed its valid,
binding and legal agreement on the terms and conditions and for
the purposes set -forth herein have been done and performed
and have happened, and that the execution and delivery of
this Spacial warranty Deed can its part have been and ;are
in all respects authorized A accordance with law. The
Grantee similarly certifies with reference to its execution
HisWN District Commission
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and delivery of this Special Warranty Doocl.,
IN TESTIN1014Y WIII]REOF, the slid housing Authority of the
City of Fayettovillc:, Arkansas, has caused these presents
be s.ignecl ill its corporate
day Of October ,-�_ nalne oti thu 28th
19 77 , by Wiliam G. Underwood
Chairman ��, attoste_d-by —` CYa'� Kumpe 11 its
Secretar its
affixed. a��d its corpor��tu seal to be its
xtux\r2mxv) xvxwmvxvxv:KvxvixvxvAvicvxvxvxvxvxvxvxvxvxvxvxv
vxvxvxvxvxvxvxvxvxvxvxvxvxvxvxvxvxvxvxvXvxvxvxvxvxvxvx xvxvrv-
ZL-
xvxvxvxvxvxvxvxvxvxvxxvxvxyxvxvxvxyxvxv,xvwxvxv xvxvxvxvxvxvxvxv
xvxyx`yxyxvXvxvxvxvxvxvxvxyxyxvxVX-vxvxvxvxvxVxvxvxvxv)(v�vxpm-vxv
xar tr�ux�r vl yxvxvxvxvxv-.Xvxvxvxvxvxvxv vxvxvxvxy vxyKyxvX w
xair�a�x�rxxar��raaxuxa�xugvx�axv1� [ xxvxC�iXvx
IN TESTIMONY WIII:REOF, the said- Grantee (h) has (Zxvv.3
hereunto affixed his hand (x) and seal on this 28th
day' of October , 19 77 ,
ATTE HOUSING ala
T E TY
: ) c OF FAAN
WI
Secre ar
�'
0
A
TEST:
- By:
(SEAL) Grantee - ;
DONALD Fes, MPASS
� ran ee
EDNA P . BUMPASS -
grantee
ACKNOWLEDGMENT
(I0using Authority)
,r State Of - ARKANSAS_—)
County Of WASHINGTON ) ss
_)
On this 28th day of ,October before the
undersigned, a Notary Public, duly commissioned, qualified
and acting within and for the County and -State aforesaid,
appeared in person the within tiamc:c] Williams G. Underwood
and Chad Kumpe , who stated that they were the
President - and Secretar
of�the IIous ncj Authority 0 the City cif I'ayetteville ,
Arkansas , a public" body corporate, and were duly authorized I
in their re.,,pect ivu capacit icjs to execute the foregoing
instrument for and in the nastte and behalf of said public
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W � .
FILED F0f3 fjECo '
1919 !1„7 I ! PM 2: 13
CORRECTION 4''ASi}'fv+rrJPY CO'UNTy.
SPECIAL WARRANTY DEED ALMA XULLNEYER R1S.
CIRCUIT CLERK
KNOW ALL MEN BY THESE PRESENTS , THAT
(1) WHEREAS, an Urban Renewal Plan (which, together with
all modifications thereof made after the date of this Deed in
accordance with applicable law, is hereinafter referred to
as the "Urban Renewal Plan") for Center Square Urban Renewal
Project No . Ark. R-105 (hereinafter referred to as the "Project")
has been adopted by the Housing Authority of the City of Fayette-
ville on March 19, 1971 , and has been approved by the City
Board of Directors of the City of Fayetteville on October 19,
1971, which Urban Renewal Plan, as it exists on the date hereof ,
is recorded in the Office of the City Clerk (hereinafter
referred to as the "Recorder") , and
(2) WHEREAS, the Housing Authority of the City of Fayette-
ville is owner and holder of record of fee simple title to
certain real property located in the Project area; and
(3) WHEREAS , pursuant to the Urban Renewal Plan and the
Housing Authorities Act, being Act 298 , 1937 Act of Arkansas;
Act 212 , 1945 Acts of Arkansas, and amendments and additions
thereto, the Housing Authority of the City of Fayetteville
is authorized to sell individual portions of land in the Project
area :
NOW, THEREFORE, THIS DEED, made this 28th day' of October
in the year 1977, by and between the .Housing Authority of the
. City of Fayetteville (hereinafter referred' to as the "Grantor") ,
acting herein pursuant to the above-mentioned Act, and Donald
E . Bumpass and Edna P. Bumpass, husband and wife, (hereinafter
referred to as "Grantee") , an individual :
WITNESSETH, that for and in consideration of the sum of
FORTY-TWO THOUSAND FIVE HUNDRED AND NO/100-------------DOLLARS,
($42 , 500 . 00) , receipt whereof is hereby acknowledged, the Grantor
does, by this Special Warranty Deed , grant, bargain, sell and
convey .unto the Grantee and unto its heirs , successors and
assigns forever, the following described land and premises,
situated in the City of Fayetteville, Washington County, Arkansas,
to-wit.
The property and easements described in Schedule
"A" annexed hereto and made a part hereof by this
reference.
This deed is made and accepted to correct the legal
description contained in the original deed between the parties,
recorded in Book 943 , Page 681 , in the office of the Circuit
Clerk and Ex-Officio Recorder of Washington County, Arkansas .
TO HAVE AND TO HOLD the same unto the said Donald E. Bumpass
and Edna P. Bumpass and unto their heirs, successors and assigns
forever, together with all and singular the hereditaments and
appurtenances thereunto belonging or in any wise appertaining .
AND, the Grantor covenants that it will warrant specially
the property 'hereby conveyed, that is -- that it will warrant
and defend the title to same against all claims and encumbrances
done or suffered by it, but against none other; Provided, however,
that this Deed is made and executed upon and is subject to
certain express conditions and covenants , said conditions and
covenants being a part of the consideration for the property
hereby conveyed and are to be taken and construed as running
with the land and upon the continued observance of which and
/Historic District Commission
June 9,20
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each of which, with the sole exception of covenants numbered
FIRST, FIFTH and SIXTH, the continued existence of the estate
hereby granted shall depend, and the Grantee hereby binds itself
and its heirs, successors , assigns, grantees, and lessees forever
to these covenants and conditions which covenants and conditions
are as follows :
FIRST: The Grantee shall devote the property hereby conveyed
only to the uses specified in the applicable provisions of the
Urban Renewal Plan or approved modifications thereof :
SECOND: The Grantee shall pay real estate taxes or
assessments on the property hereby conveyed or any part hereof
when due and shall not place thereon any encumbrance or lien
other than for temporary and permanent financing of construction
of the Improvements on the property hereby conveyed as provided
for in the Construction Plans , approved by the Grantor in
accordance with Section 5 of the Contract of Sale dated the
14th day of October, 1977, between the parties hereto, and for
additional funds, if any, in an amount not to exceed the consider-
ation herein specified, and shall not suffer any levy or attach-
ment to be made or any other encumbrance or lien to attach until
the Grantor certifies that all building construction and other
physical improvements specified to be done and made by the Grantee
have been completed; (sixty (60) days after written demand by
the Grantor.-so to do) ;
THIRD: The Grantee shall commence promptly the construction
of the aforesaid Improvements on the property hereby conveyed
in accordance with the said Construction Plans and shall prosecute
diligently the construction of said Improvements to completion:
Provided, That in any event , construction shall commence within
seven (7) months from the date of this deed and shall be completed
within six (6) months from the commencement of such construction;
and, Provided, That if the mortgage securing money loaned to
finance the Improvements, or any part thereof , is insured by
the Federal Housing Administration, then the completion time
for construction of the Improvements shall be within the time
specified in the applicable Building Loan Agreement approved
by the Federal Housing Administration;
' FOURTH: Until the Grantor certifies that all the aforesaid
Improvements .specified to be done and made by the Grantee have
been completed, the Grantee shall have no power to convey the
property hereby conveyed or any part thereof without the prior
written consent of the Grantor except to a Mortgagee or Trustee
under a Mortgage or Deed of Trust permitted by this Deed, and,
except as security for obtaining financing permitted by this
Deed, there shall be no transfer, and the Grantee shall not
permit any transfer, by any party, owning ten percent or more
of the stock of the Grantee , of such stock, nor shall there be,
or be suffered to be by the Grantee, any other similarly signifi-
cant change in the ownership of such stock or in the relative
distribution thereof, or with respect to the identity of the
parties in control of the Grantee or the degreethereof , by
any other method or means including, but not limited to, increased
capitalization, merger , corporate, or other amendments, issuance
of additional or new stock or classification of stock, or
otherwise;
FIFTH: The Grantee agrees for itself and any successor
in interest not to discriminate upon the basis of race, color,
religion, sex or national origin in the sale, lease, or rental
or in the use or occupancy of the property hereby conveyed or
any part thereof or of any Improvements erected or to be erected
thereon or any part thereof .
SIXTH: This Conveyance is further subject to the following
conditions and limitations which shall constitute a preservation
restriction within the purview of Section 50-1201 , et seq . ,
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The improvements on the premises , originally a United
State Post Office, shall not be demolished or removed,
in whole or in part, nor will it be painted, and the
exterior, including facade, roof , stairways, walkways,
fixtures and trim will be maintained and preserved in
their present state as nearly as practicable, provided,
however, that structural changes, alterations, additions
or improvements as would not , in the opinion of GRANTOR
fundamentally alter the historic character of the
structures or their setting may be made thereto by
GRANTEE, provided that the prior written approval of
GRANTOR to such change, alteration, addition or
improvement shall have been obtained.
The changes, alterations, additions or improvements contained
in the Construction Plans, approved. by Grantor in accordance
with Section 5 of the Contract of Sale dated the 14th day of
October, 1977 , are deemed approved by Grantor in conformity
with this preservation restriction.
The covenants and agreements contained in the covenant
numbered FIRST shall terminate on October 19 , 1991 . The
covenants and agreements contained in covenants numbered
SECOND, THIRD, and FOURTH shall terminate on the date the
Grantor issues the Certificate of Completion as herein provided
except only that the termination of the covenant numbered
SECOND shall in no way be construed to release the Grantee
from its obligation to pay real estate taxes or assessments
on the property hereby conveyed or any part thereof . The
covenants numbered FIFTH and SIXTH shall remain in effect
without any limitation as to time .
In case of the breach or violation of any one of the
covenants numbered SECOND, THIRD, and FOURTH ,at any time prior
to the time the Grantor certifies that all building construction
and other physical improvements have been completed, and in
case such breach or such violation shall not be cured, ended
or remedied within 60 days after written demand by the Grantor
so to do with respect to covenant numbered FOURTH and three (3)
months after written demand by the Grantor so to do with respect
to covenants numbered SECOND and THIRD (Provided, That a breach
or violation with respect to the portion- of covenant numbered
THIRD, dealing with completion of the Improvements may be cured,
ended or remedied within six (6) months after written demand by
the Grantor so to do) or any further extension thereof that .
may be granted by the Grantor in its sole discretion, then all
estate, conveyed under this Deed, shall cease and determine,
and title in fee simple to the same shall revert to and become
revested in the Grantor, or its successors or assigns, and
such title shall be revested fully and completely in it, and
the said Grantor, its successor or assigns , shall be entitled
to and may of right enter upon any take possession of the said
property: Provided, That any such revesting of title to the
Grantor:
(1) Shall always be subject to and limited by, and shall
not defeat, render invalid, or limit in any way
(i) The lien of any mortgage or Deed of Trust permitted
by this Deed; and
(ii) Any rights or interests provided in the Contract of
Sale for the protection of the trustees of any such
mortgage; and
(2) In the event that title to the said property or part
thereof shall revest in the Grantor in accordance with
the provisions of this Deed, the Grantor shall,
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pursuant to its .responsibilities under applicable
law use its best efforts to resell the property or
part thereof (subject to such mortgage liens as
hereinbefore set forth and provided) as soon and
in such a manner as the Grantor shall find feasible
and consistent with the objectives of such law,
and of the Urban Renewal Plan, to a qualified and
responsible party or parties (as determined by the
Grantor) who will assume the obligation of making
or completing the Improvements or such other improve-
ments in their stead as shall be satisfactory to
the Grantor and in accordance with the uses specified
for the above described property or any part thereof
in the Urban Renewal Plan . Upon such resale of the
property the proceeds thereof shall be applied:
First : to reimburse the Grantor, on its own behalf
or on behalf of the City of Fayetteville, Arkansas,
for all costs and expenses incurred by the Grantor
including but not limited to, salaries of personnel
in connection with the recapture, management and
resale of the property or part thereof (but less any
income derived by the Grantor from the property or
part thereof in connection with such management) ;
all taxes, assessments, and water and sewer charges
with respect to the property or part thereof; any
payments made or necessary to be made to discharge
any encumbrances or liens existing on the property
or part thereof at the time of revesting of title
thereto in the Grantor or to discharge or prevent
from attaching or being made any subsequent encumbrances
or liens due to obligation , defaults, or acts of the
Grantee, its successors or transferrees; any expend-
itures made or obligations incurred with respect to
the making or completion of the Improvements or any
part. thereof on the property or part thereof; and
any amounts otherwise owing the Grantor by the Grantee
and its successors or transferrees; and
Second: to reimburse the Grantee, its successors or
transferrees up to an amount equal to the sum of the
purchase price paid by it for the property (or allocable
to the part thereof) and the cash actually invested
by it in making any of the Improvements on the property
or part thereof, less any gains or income withdrawn
or made by it from this conveyance or from the property.
Any balance remaining after such reimbursements shall be retained
by the Grantor .
The Grantor shall be deemed a beneficiary of covenants numbered
FIRST through SIXTH, and the United States shall be deemed a
beneficiary of the Covenant numbered FIFTH, and such covenants
shall run in favor of the Grantor and the United States for the
entire period during which such covenants shall be in force and
effect, without regard to whether the Grantor and the United
States is or remains an owner of any land or interest therein
to which such covenants relate. As such a beneficiary, the Grantor
in the event of any breach of any such covenant , and the United
States in the event of any breach of the covenant numbered FIFTH,
shall have the right to exercise all the rights and remedies,
and to maintain any actions at law or suits in equity or other
proper proceedings to enforce the curing of such breach, to
which beneficiaries of such covenant may be entitled .
Promptly after the completion of the above-mentioned improve-
ments in accordance with the provisions of the Construction Plans,
the Grantor will furnish the Grantee with an appropriate instrument
so certifying in accordance with the terms of the Contract of Sale .
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Such certification (and it shall be so provided in the certifi-
cation itself) shall be a conclusive determination of satisfaction
and termination of the agreements and covenants in the Contract
of Sale and in this deed obligating the Grantee and its successors
and assigns , with respect- to the construction of the Improvements
and the dates for beginning and completion thereof : Provided ,
that if there is upon the property a mortgage insured or held
or owned, by the Federal Housing Administration and the Federal
Housing Administration shall have determined that all buildings
constituting a part of the Improvements and covered by such
mortgage are, in fact, substantially completed in accordance
with the Construction Plans, and, if the other agreements and
covenants in the Agreement obligating the Grantee in respect of
the construction and completion of the Improvements have been
fully .satisfied the Grantor shall forthwith issue its certification
and such determination shall not constitute evidence of compliance
with or satisfaction of any obligation of the Grantee to any
holder of a mortgage, or any insurer of a mortgage; securing
money loaned to finance the Improvements, or any part thereof.
The certification provided for in the paragraph next above
shall be in such form as will enable it to be recorded in the
proper office for the recordation of deeds and other instruments
pertaining to the property hereby conveyed. If the Grantor shall
refuse . or fail to provide such certification, the Grantor shall
within thirty (30) days after written request by the Grantee
provide the Grantee with a written statement, indicating in what
respects the Grantee has failed to duly complete said Improvements
and what measures or acts will be necessary, in the opinion of
the Grantor, for the Grantee to take or perform in order to
obtain such certification.
The Grantor certifies that all conditions precedent to
the valid execution and delivery of this Special Warranty Deed
on its part have been complied with and that all things necessary
to constitute this Special Warranty Deed its valid, binding and
legal agreement on the terms and conditions and for the purposes
set forth herein have been done and performed and have happened,
and that the execution and delivery of this Special Warranty
Deed on its part have been and are in all respects authorized
in accordance- with law. The Grantee similarly certifies with
reference to its execution and delivery of this Special Warranty
Deed.
IN TESTIMONY WHEREOF, the said Housing Authority of_ the
City of Fayetteville , Arkansas, has caused these presents to be
signed in its corporate name on the 10th day of May _►
1979 , by Phillip Taylor, its Chairman, attested by Chad Kumpe,
its Secretary, and its corporate seal to be hereunto affixed.
IN TESTIMONY WHEREOF, the said Grantees have hereunto affixed
their hands and seals on this 10th day of May, 1979 .
HOUSING AUTHORITY OF THE CITY
OF FAYETTEVILLE, ARKANSAS
ATTEST:
By
Secret r Ch firman
By
Gra tee
DONALD E . BUMPASS
_Z4ZEDNAP . BUMPAS
Grantee
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SCHEDULE A
Description of Property
All that certain parcel or parcels of land .located in the
City of Fayetteville, County of Washington, State of Arkansas,
more particularly described as follows :
A part of block 27 of the Original Town Plat of
Fayetteville, Arkansas . Beginning at a point which is
182. 25 feet West and 57 . 60 feet South of the Northeast
corner of said Block 27 to the NW corner of a now
existing Old Post Office Building;' thence with the
foundation of said building the following bearings and
distances : South 21 .45 feet, West 3 . 9 feet, South
7 . 85 feet, East 3 . 9 feet, South 21 .6 feet East 17 . 2
feet, South 7 . 0 feet., East 6 . 3 feet, South 25 . 65
feet, East 38 .3 feet, North 4 . 2 feet, East 10 . 6
feet North 18 . 0 feet , West 4 . 3 feet, North 10 . 5 feet,
East 17 . 05 feet, North 6 . 55 feet , East 3 . 9 feet, North
7 . 20 feet, West 3 . 9 feet, North 24 .4 feet, East 3 . 9
feet, North 7 . 15 feet West 3 . 9 feet, North 3 . 8 feet,
East 2 . 3 feet, North 2 . 3 feet West 2 . 3 feet, South . 5
feet, West 5 . 65 feet, North 3 . 9 feet, West 7 . 15 feet,
South 3 . 9 feet, West 2 . 15 feet, North 1 . 05 feet, West
55 . 2 feet, South 1. 1 feet, West 15 . 0 feet, to the point
of beginning .
Also, easements for ingress , egress and regress on, over and
across the following described driveway and sidewalks, now
existing, to be used in common with Grantor, its successors
and assigns , to-wit:
(1) Driveway:
Beginning at a point 4 . 2 feet North and 10 . 6 feet East _
of the Southeast Corner of said Old Post Office Building,
said point being at a corner of said building, and -
running, thence along said building wall and an existing
driveway, its curbs, walls and pillars the following
bearings and distances; North 18 . 0 feet, West 4 . 3 feet,
North 4 . 2 feet, East 49 . 8 feet, South 34 . 1 feet, West
25 . 85 feet, South 10 . 35 feet, West 19 . 65 feet, thence
North 22 .25 feet to the point of beginning .
(2) Sidewalk - North Entrance :
Beginning at a concrete wall on the East edge of an
existing sidewalk, said point being 36 . 35 feet- from
the Northeast corner of said Old Post Office Building
and running thence along the outside perimeter of said
sidewalk and its curb's , walls or pillars the following
bearings and distances : North 7 . 65 feet, East 4 . 25
feet, North 11 . 7 feet, East 1 . 0 feet, North 3 .7 feet,
West 25 .6 feet, South 3 . 7 feet, East 1 .0 feet, South
11 . 7 feet, East 4 . 25 feet, South 7 .65 feet, to the North
wall of said Old Post Office Building; thence East
along said North wall , 17 . 0 feet to the point of beginning .
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,a
Page TWO - Schedule A
u
(3) Sidewalk - East Entrance :
Beginning at a point where the South side of a concrete
wall intersects the East wall of said Old Post Office
Building, said point being 51 ,10 feet North of the
Southeast corner of said Old Post Office Building and
running thence along the outside perimeter of said
sidewalk and its curbs, walls and pillars, the following
bearings and distances; East 7 . 05 feet, Southeasterly
around the curve of an existing curb 25 . 35 feet,
South 1 . 0 feet, East 2 . 3 feet, North 14 . 1 feet, West
2. 3 feet, South 1 .0 feet, westerly along the curb of
said sidewalk, 25 .35 feet, West 7 .05 feet to the East
wall of said building; thence South along said wall
• 7 . 7 feet to the point of beginning .
(4) Sidewalk - Northwest Entrance :
Beginning at a point where an existing concrete wall
on the North side of an existing sidewalk intersects
the West wall of said Old Post Office Building, said
point being 5 .4 feet South of the Northwest Corner
of said building, and running , thence along the outside
perimeter of said sidewalk and its curbs , walls and
pillars the following bearings and distances : West
7 . 05 feet Northwesterly along the outside of an existing
curb 21 . 85 feet, North 0 . 5 feet, west 5 . 5 feet, South
12 . 57 feet, East 5 . 5 feet, North 0 . 5 feet Easterly
along the outside of an existing curb 21 . 85 feet, East
7 . 05 feet to the West wall of said building , thence
North along said wall 7 . 7 feet to the point of beginning .
(5) Sidewalk - Southwest Entrance :
Beginning at a point where an existing concrete wall
on the North side of an existing sidewalk intersects
the west wall of said Old Post Office Building,
said point being 13 .1 feet North of the Southwest corner
of said building, and running, thence along the
outside perimeter of said sidewalk and its curbs, walls
and pillars the following bearings and distances;
West 7 . 05 feet, Northwesterly along the outside of
an existing curb 21 . 85 feet, North 0 . 5 feet, West 5 . 5
feet, South 12 .57 feet, East 5 . 5 feet, North 0 .5
feet, Easterly along the outside of an existing curb
21 . 85 feet, East 7 . 05 feet to the West wall of said
building , thence North along said wall 7 .7 feet to the
point of beginning.
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T'1*4"
ete—
lile
4yav�
1 THE CITY OF FAYETTEVILLE,ARKANSAS
ARKnn�5n5
TDD D-
PLANNING DIVISION CORRESPONDENCE
September 26, 2014
Mr. James Huson
3862 E. Chadwick Drive
Fayetteville,AR 72701
Re: Old Post Office— 1 W. Center Street
Dear Mr. Huson,
My name is Jesse Fulcher and I'm the Senior Planner for the City of Fayetteville. I'm contacting you on behalf of the
Fayetteville Historic District Commission and Arkansas Historic Preservation Program(AHPP). As I'm sure you're
aware,the Old Post Office on the Fayetteville square has been listed on the National Register of Historic Places
since 1974. Unfortunately, this designation does not protect the building. The only protection in place is a covenant
that was granted by the Bumpass Family to the AHPP in 1978 (attached).
I'm reaching out to you,because the covenant is set to expire in 2018 and both preservation groups are interested in
extending the covenant, or establishing some type of architectural protection for the building. While as the current
owner,you may continue to protect the historic integrity of this landmark,there is no guarantee that a future owner
won't. In fact the building was set to be demolished in 1972 by the Fayetteville Housing Authority as part of an
Urban Renewal Project. An effort by Fayetteville citizens resulted in the building being nominated to the National
Register, which prevented the use of federal funds for demolition,ultimately saving the building.
I wanted to let you know that these groups are available to support owners of historic properties and there are a
number of tax programs available. Property owners who dedicate conservation easements can also benefit from
federal tax deductions. In addition,properties listed on the National Register are available for Rehabilitation Tax
Credits from the federal and state level.
Please contact me at any time if you would like to discuss the existing covenant, or any of the available tax programs
offered through the Arkansas Historic Preservation Program. Thank you for your support of Fayetteville's history.
Sincerely,
Jesse Fulcher,AICP
Senior Planner
City of Fayetteville
479.575.8308
Historic District Commission
MRM 9,2016
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