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HomeMy WebLinkAbout13-73 RESOLUTIONRESOLUTION NO 13=73 fl 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 Warrantyheed conveying property from the City of Fayetteville, Arkansas, to Armstrong Realty Company, an Illinois Corporation. A copy of the Warranty Deed is attached hereto, marked Exhibit "A" and made a part hereof as though set out herein word for woid. 1973. PASSED AND APPROVED THIS 2664 DAY OF,,j-gAittervitt ATTEST: W an' ar City ler • • • APPROVED: Mayor • WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, Arkansas, a Municipal Corpor- ation, organized under and by virtue of the laws of the State of Arkansas, by its Mayor and City Clerk, duly authorized by proper resolution of its Board of Directors, for the consideration of the sum of One Hundred Twenty Five Thousand Dollars ($125,000.00) in hand paid by Armstrong Realty Company, an Illinois Corporation, the receipt of which is hereby acknowledged, does grant, bargain, sell and convey unto the said Armstrong Realty Company, an Illinois Corporation, and unto its successors and assigns forever, the following described land, situate in the County of Washington, State of Arkansas, to -wit: A tract of land situated in the West One -Half (W1/2) of Section Twenty Six (26), Township Sixteen North, Range Thirty (30) West, Washington County, Arkansas. The same being within the Fayetteville Industrial Park, Fayetteville, Arkansas, and being more particularly described as fol- lows: Beginning at a point which is South 01°13' West Thirteen Hundred Thirteen and Thirty Six Hundredths (1313.36) feet from the Northwest (NW) corner of Section Twenty Six (26); thence South 88°51' East Thirteen Hundred Forty and Twenty Two Hundredths (1340.22) feet along the South Right -of -Way line of the Frisco Railroad to the West Right -of -Way line of a public road; thence following said public road Right - of -Way South 01°17' West One Thousand Three Hundred Twenty One and Thirty Six Hundredths (1321.36) feet; thence North 88°52' West Four Hundred Sixty Nine and Eighty Seven Hund- redths (469.87) feet; thence South 0°34' West Nine Hundred Ninety (990.00) feet; thence North 88°44' West Eight Hund- red Seventy Nine and Seventy Eight Hundredths (879.78) feet; thence North 1°13' East Two Thousand Three Hundred Nine and Forty Five Hundredths (2309.45) feet to the Point of Beginning. TO HAVE AND TO HOLD The same unto the said Armstrong Realty Company, an Illinois Corporation, and unto its successors and assigns forever, with all appurtenances thereunto belonging. And said municipal corporation hereby covenants with the said grantee that it will forever warrant and defend the title to said lands against all lawful claims whatever. This instrumentprepared by: David R.) Malone Attorney at Law P. 0. Box 1004 Fayetteville, Arkansas 72701 • PROVIDED, HOWEVER, that this conveyance is made subject to the provisions of Paragraph 14A, B, C and D, inclusive, in an agreement executed by the grantor and grantee (which agreement is dated March , 1973, filed for record and recorded in Book at Page in the deed records loca- ted in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas ). The provisions of said Para- graph 14A, B,, C and D, inclusive, in said agreement are incor- porated herein by reference thereto asthough fully set out herein word for word. PROVIDED, FURTHER, that the covenants of warranty contained in this deed are in addition to and do not merge with the warran- ties contained in the above mentioned agreement between grantor and grantee, which covenants in said agreement remain in full force and effect. IN TESTIMONY WHEREOF, The name of the grantor is hereunto affixed by its Mayor and its seal affixed by its City Clerk, this day of , 1973. ATTEST: LITY CLERK CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation By: MAYOR • s ACKNOWLEDGEMENT STATE CF ARKANSAS ) ss COUNTY OF WASHINGTON ) On this day of , 1973,.before the undersigned, a Notary Public, duly commissioned, qualified and acting; within and for the said County and State, appeared in person the within name, Russell T. Purdy and Helen Young to. me personally known, who stated that they were the Mayor and City Clerk of the City of Fayetteville, Arkansas, a municipal corporation, and were duly authorized in their respective capa- cities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses andpurposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official sealthis day of My Commission Expires: 1973. Notary -Public