HomeMy WebLinkAbout103-73 RESOLUTIONRESOLUTION NO. `193-73, %
BE IT RESOLVED BY THEBOARDOF MIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS: '
That the Mayor and City Clerk be, and they hereby are,
authorized and directed to execute one certain agreement by
and between the City of Fayetteville, Arkansas, and Ralph D.
Brophy in which the developer guarantees the construction of
the improvements in Brophy Addition, Phase II, required by
Appendix C (Subdivision Regulations) to the Fayetteville Code
of Ordinances. A copy of this agreement marked Exhibit "A"
is attached hereto and made a part hereof.
PASSED AND APPROVED THIS 2,O// DAY OF //D,'an r , 1973.
APPROVED:
ATTEST:
MAYOR
-504
Comes now Ralph D. Brophy _;;:hereinafter
known as the Subdivider, and the City of Fayetteville, Arkansas, a Municipal
Corporation, hereinafter known as the City, and enter into the following
contract, to -wit:
4ITMESSETH
That for and in consideration of the hereinafter mentioned covenants,
promises, and conditions, the City agrees to accept and approve the Final
Plat of the following described territory:
A Replat of Parts of Blocks 1, 2, and 3, Brophy Addition to the
City of Fayetteville, Arkansas, being a part of the Southwest Quarter
(SW) of the Southeast Quarter (SE',),. Section Thirty-five (35),
Township 17 North, Range 30 West more particularly described as
follows: Beginning at a point that lies 570.65 feet East and 640.2
feet North 0 degrees 05' West of the. Southwest corner of said 40
acre tract; thence North 0 degrees 05' West 60.19 feet; thence
West 236.76 feet; thence North 19 degrees 44' West 83.92 feet; thence
North 0 degrees 05' West 231.02 feet; thence East 95.0 feet; thence
North 0 degrees OS' 1Vest 159.78 feet; thence East 120.0 feet; thence
North 0 degrees 05' West 50.0 feet to the North line of Said 40 acre
tract; thence East 595.86 feet; thence South 2 degrees 14' East
106.08 feet; thence South 0 degrees 19' East 525.0 feet; thence
South 1 degrees 41' West 105:05 feet; thence West 182.14 feet; thence
South 0 degrees OS' East 43.97 feet; thence West 208.31 feet; thence
North 0 degrees 05' West 200.0 feet; thence West 158.3.1 feet to the
point of beginning containing 11.484 acres, more or less, Washington
Prior Vsi'iixa ilW of 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 improvercents
have been completed and all lots released from this contract. Provided,
ithe,City in its sole discretion shall have the option. of releasing one or
.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 beensatisfactorily completed;
`:however, until such time as such lot cr lots have been 'released of record by
the City, no structure on said lot or lots may be occupied or utilities
-connected for occupancy.
The Subdivider hereby covenants and agrees that if he should fail to
comply with the terms of this contract, the City niay then install the
required improvements and charge the cost to the Subdivider, plus interest
at a.rate 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
will release said lien on any individual lot in the subdivision upon payment
of that lot's proportionate share of the City's cost in making the reprove
ments, plus interest as aforesaid. This proportionate share per lot shall
be;determired 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 ,SCi/ii day 02ay/
City of Fayetteville, Arkansas UU
A Municipal Corporation
by
62 -ca
Nidor
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4
ity
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869. J
ACh \ OIC 1. O U G) E N
STATE OF ARKANSAS
COUNTY OF hAS111NGTON
BI 1T RE\E;•ie[:RED, that on this
day of
-:before the undersigned; a Notary Publ.ic,.duly cosaissione
qualified and
acting, within and for the County aforesaid, appeared in person
and
, to me personally ire 11 known i•:ho stated they there the Mayor.
and City Clerk of Fayetteville, Arkansas, a Municipal.Corpora tion, and were ".
.duly authorized in their respective capacities to execute -..the foregoi.ng...contract.
for and in the name and behalf of the City of Fayetteville, Arkansas and further
stated and acknowledged they had executed said instrument for the consideration;
uses and purposes therein mentioned and set forth.
In Testimony whereof I have hereunto set my hand and official: seal this
_32') day of
-My Commission Expires:
74,
8G9 :.:185
•
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON ) ss
RF IT REMEMBERED, that
cn this
4/A21 day of finus;�n41.4 , 197ik
came before the undersigned, a Notary Public.within and for the County
aforesaid, duly commissioned and acting, 411 gild,. ii,
thatareknown as the parties of the foregoing Contract, and stated that
;,,r- had executed the same for the consideration and purposes therein.
-mentioned and set forth.
Witness my hand and seal as such Notary Public this
day of A - , 1975--
My
97`
My Commission Expires:
.
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.
1. Nit '+
CERTIFICATE
! 4fApfi/Of !24„,t.
Notary Public
51:':i:: C'F AR'ZAN tS t .
Ss'ton County 1
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1.P . d E, O t io Porton. J iG1
Washingion County, do ilea' -`-7 '< t 3: :!13'.3 _. r..
ivning in-' umerit viias.111-tid fa ," :its n � day
of . �Ga-vet ,,,,11�9"7"�01�0,/Vnuti/i7p::.. -:h. ._..:2 is
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,`ii:ness lily
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12y 9:)
Ociputy Clerk