HomeMy WebLinkAbout28-72 RESOLUTION_i
RESOLUTION NO. 28-7.2,
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City. Clerk be and they hereby are
authorized and directed to execute a Subdivider's Contract
for the installation of improvement in the Centerbrook Sub-
division, a copy of which contract is attached hereto, marked
Exhibit "A" and made a part hereof,
PASSED AND APPROVED this
1972.
ATTEST:
Ctemi yea
CITY CL K
day of -9i(271
APPROVED.:
Come now
known as the
• Corporation,
contract, to
WITNESSETH
That for
CONTRACT
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72 JUL I f P 110: 26
WAS„•i! G: C?'.J. TY
Kelley Brothers Lumber & Supply Company, Inc. heteiriafter
Subdivider, and the City of•Fayetteville, Arkaris�a's;' a Municipal
hereinafter known as the City, and enter into the following
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-wit:
and in consideration of the hereinafter mentioned convenants,
promises, and conditions,
the City agrees to accept and approve the Final
Plat of the following described territory:
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Part of the NE 1/4, SE 1/4, Section 27, T -17-N, R -30-W, Being More Particularly ,
described as follows: Beginning at a point N -0°-47'W, 65.75 feet from the SE
corner of said 40 acre tract; thence N -0°-47'W, 1,089.56 feet; thence.S-89°-38'W,
724.84 feet; thence S -09°-17'.-E, 210.54 feet; thence S -05°-32'-E, 373.46 feet:
Thence S -0°-53'W, 398.05 feet; thence S -25°-45'-W,- 100.63 feet; Thence S -70°-45'W,
126.49 feet; Thence S -00-49'-E, 50.01 feet; Thence N -89°-22'E, 686.92 feet to 71
By pass Right -Of -Way; Thence N -65°-59'-E, 165.68 feet along 71 By pass Right -Of -
Way To.The Point Of Beginning - Containing 18.39 Acres.
Prior to and in advanceof the installation of the improvements required by
Section 3, Part "B" of Ordinance No. 1750 of the. Fayetteville Code of
Ordinances entitled "Guarantees in Lieu of Installed. Improvements," with the
understanding and agreement by the Subdivider that he will install the
required improvements designated in the above-mentioned Ordinance on the
property located in the above described territory within twelve months
from the date when the first building permit is issued. No structure may
be occupied or utilities connected for occupancy until all improvements
have.been completed and all lotsreleased from this contract. Provided,
the City in its sole discretion shall have the option of releasing one or
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more individual .lots within said subdivision prior to -the -time that all
improvements are completed in the entire subdivision, upon a determination
by the City that all improvements that it deems necessary for the use and
occupancy of said.individual lot or lots have: been satisfactorily completed;
however, until such time as such lot or lots have been released of record by•
the City, no structure on said lot or lots may be occupied or utilities
connected for occupancy.
( Centerbrook Sub. Div. )
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DEED 835 PACE 9i6
The Subdivider hereby covenants and agrees that if he should fail to
comply with the terms
required imp'tovements
.at a rate
of this contract, the City may then install the
and charge the cost to the Subdivider, plus interest
of ten (10) per cent per annum! and that this contract then will
constitute a lien in favor of the City on the real estate located within
the subdivision, to secure payment of the amount spent by the City in
providing the improvements. In such case, the City hereby agrees that it:
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will release said lien on any individual/lot in the subdivision upon payment
of that lot's proportionate share of thelCity's cost in making the improve-
ments, plus 'interest as aforesaid. The proportionate share per lot shall
be determined by the lot's proportionate ad valorem assessment (less building
improvements).
It is further understood and agreed that any new street must be staked
out and the street grade cut or filled to sub -grade elevation for curb,
gutter and pavement, according to the street profile which has been approved
by the City Engineer, before the Building Inspector can issue any permits.
Witness our hands and seals on this p/i f day of Oft 1972.
City of Fayetteville, Arkansas
A Municipal Corporation
o�Fredtfarr; llayor
1/4112147471-1 •i -f Lind(
Helen Young, City Clerk
Kelley Brothers Lumber & Suppl6d.:�o„
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Company; Incorporated:
Phelps, Pres/dent
�(1/311(llySa N.
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Wells Bong, Secretary
A C K N O.W L:E D G M E N T
STATE -OF ARKANSAS
COUNTY OF WASHINGTON
.BE_IT.REMEMBERED, that on this day of , 1972.
before the undersigned, a Notary Public, a duly commissioned, qualified and
acting within and for the County.aforesaid; appeared in person J.B. Phelps &
Wells Bone ,to me personally well known, who stated
that they were the President and Secretary of Kelley Brothers Lumber $ Supply
Company, Incorporated , a corporation, and were by proper resolution/of its
Board of Directors duly authorized in their respective capacities to execute the
foregoing contract for and in the name and behalf of said corporation, and further
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stated and acknowledged that they had executed said instrument for the consideration,
uses and purpose therein mentioned and set forth.
In Testimony whereof, I have hereunto set my hand and.offical seal this /14e -a.,
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ACKNOWLODGMENT
STATE OF ARKANSAS ).ss
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this flay of
1972,
before the undersigned, a Notary Public,Iduly commissioned, qualified and
cting, within and for the County aforesaid, appeared in person Joe Fred Starr
and Helen Young, to me personally well known who statedthey were the Mayor.
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and City Clerk of Fayetteville, Arkansas a Municipal Corporation, and were
duly authorized in their respective capacities to execute the foregoing contract
for and in the name and behalfof the City of Fayetteville, Arkansas and further
stated and acknowledged they had executed said instrument for the consideration,
Ops and purposes therein mentioned and set forth.
In Testimony whereof I have hereunto set my hand and official seal this
` day of erg- 1972.
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,iNy T4i.rptsslof -Expires :
Notary Public
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