HomeMy WebLinkAbout109-73 RESOLUTIONJ Te
RESOLUTION NO. /i)9-73
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 one certain agreement by
and between the City of Fayetteville, Arkansas, and the devel-
oper of Rosewood Estates Subdivision in which the developer
guarantees the construction of the improvements in Rosewood
Estates Subdivision required by Appendix C (Subdivision Regu-
lations) 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 AVA DAY OF December, 1973.
ATTEST:
Wegw, CLra,
•
APPROVED:
/a.: 0
MAYOR
bry
P rn %di;
wt
a
11,
•
0NTr.
RA`C"
piY !"k+yg4_ •(
lr S.xxyy},.
•
Comes naw' -:DAVID M. -ROSE & CAROLYN ANNE ROSE
•
Kal
i
•
hereinafter
known as the Subdivider, and. the. City of: Fayetteville,"Arkansas, a Municipal
rot...;
Corporation,°. hereinafter known as the City,and enter into the following
contract,,to-wit:
'.WITNESSETH
That for and inconsideration of the hereinafter mentioned -covenants;.-:
r:
as:
F.�
4
A'
promises, and conditions, the City agrees to accept and approve the Final "
Platof the following:described territory: Rosewood Estates, more particularly, -
described as follows:':
•
A part of the Northeast Quarter of the Southeast Quarter of Section 35,.Township
`17:North; Range 30 West of the 5th Principal Meridian, Washington County, Arkansas;
more particularly described as:
Beginning at the Northwest corner of said 40 acre tract, thence South' 89°23'.Eeat
1320.feet,-thence South 924 feet, thence West 726 feet, thence North -45° West.
175.36 feet, thence North 197 feet, thence North 74°03' East 128 97 feet, thence.:`
North 329:96 feet, thence on an arc 75.79 feet on a circle whose radius is 275
feet with center', located 507.63 feet South and 778.81 feet West of the Northeast
corner of said 40 acre tract, thence on an arc 163.60 feet on a circle whose radius,'
is 507feet-with center located 215.92 feet South and 848.99 feet West of Northeast .1,
corner of said 40 acre tract, thence North 89°23' West 426.95 feet, thence North.
200 feet to:Point of Beginning.
Prior to and in advance,of the installation of the improvements reeuiredby
: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 hewillinstall the
--required improvements designated in the above-mentioned Ordinance on the `.
property locatedin the above described territory within twelve months
-
`. from the date when the first building -permit is issued. No'structure may
be occupied orUtilities connected for -occupancy until all improvements: '
have been' completed. and all lots released: from this contract. Provided,:-,;
the City in its sole:discretion shall have. the option of releasing one or':
moreindividual 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'irdividual lot or lots have been'satisfactoriIy completed;.
however, untilsuch.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.
.14
•
r'r
•
n% `hiKfnn.;tY �3'^'i4a Y 't r 0.t y{.t. ¢ } �,•r a�. ger
.`The Subdivider hereby covenants.:and.agrees
of this contract;: the City
constitute a lien.in. favor of the City on the real estate located within..
the subdivision,.,to secure payment of the amountspent by the City in
providing the improvements. : in such case, the City hereby agrees that it
w'11 release said1lien on any individual lot in the subdivision upon payment.-
of that lots proportionate share of the City's cost in making the improve-
ments, plus interest as aforesaid. This proportionate share. per lot shall.
be-determined.by tho lot's proportionate ad valorem assessment (less building::
It is further understood and agreed that any new street must be staked
fiJ
out and the street grade cut or filled to sub -grade' elevation for curb,
..
by the City-Engineer,`before the Building Inspector can issue any permits.'_
Nitness our hands and seals
City of Fayetteville, Arkansas
A Municipal Corporation .
4;
STATE OF ARKANSAS
COUNTY OF.WASHINGTON-):ss%
SE IT REMEMBERED, that on this , day of ,9,P 0nwtith.) , 19 7.,3-
,
came before the undersigned, a Notary Public within and for the County >:..
�< a,
aforesaid, duly commissioned and acting, �� y V , �� _ t \\J "
'that are known as the parties of the foregoing Contract, and stated that {
Y` `"r had executed the same for the consideration and purposes therein
mentioned and set forth. .'
Witness my hard and seal as such Notary Public this IAo ,
day of .& Q , 1923•
ti
STATE OF ARKANSAS..
COUNTY OF WASHINGTON
BE IT REME'ICL1;11D, t.li
on anis oG, day of Qf19%m
.before the undersigned,, a Notary. Public, duly commissioned, qu
acting; within and for the County
aforesaid,
n IT\ l �y-to me personally well known who stated they w
and City Clerk of. Fayetteville, Arkansas, a Municipal Corporat
..duly authorized in their respective capacities to execute the
appeared in
alified and
perso
for and in the name and behalf of the City of Fayetteville, Ar
stated and acknowledged they'had:executed said instrument
uses and purposes therein .mentioned and set forth.
ere the Mayor
ion,
forcgoi.ng.contract
kansas and farther
Consideration,:,
my hand
•
.
C
My Commission Expires:
•