HomeMy WebLinkAbout25-73 RESOLUTIONRESOLUTION NO, 25-73
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be and they are hereby authorized
and directed to execute one certain contract guaranteeing the installation
of improvements in the West Ark Real Estate and Development Company large
scale development. A copy of this contract, marked Exhibit "A", is
attached hereto and made a part hereof.
PASSED AND APPROVED this 20th day of March, 1973,
APPROVED:
Mayor
ATTEST:
City C erk
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KOLLER
entered into this /74 C;ay got_;..;(
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1973, by and betweenpest Ark Real Estate and
Development Co., Inc., hereinafter known as "Developers" and
the City. of Fayetteville, Arkansas, a municipal corporation,
hereinafter known as the "City",
WITNESSETH:
1) ..That; for and in consideration of the
hereinafter.men-
tioned covenants, promises, and conditions, the City hereby
agrees to accept and approve the final plat of the following
described property: ,a;k
A part of the Southeast quarter (SE') of the Southwest
quarter (SWC), of Section No. 33,.T -17-N, R -30-W, of
the5th.P.M. County of Washington, State of Arkansas,
and being more particularly described as, to -wit:.
Beginning at a point which is 330.00 feet east of the
Southwest (SW) corner of the above mentioned forty.
acre tract; thence N 89 degrees 24' E, 81.60 feet;'
thence N 30 degrees 58' E, 540.20 feet, -thence N 27
degrees 32' E, 500.90 feet; thence N 30 degrees 58' E,
92.80 feet; thence N 89 degrees 45' W, 636.71 feet;
thence South 0 degrees 13' W, 583.37 feet; thence South
407.30 feet to the point of beginning, containing in
all, 8.36 acres more or less.'
prior to and in advance .of theinstallation of the improve-'
ments required by Ordinance No. 1661 (Sec. 18-13 of the
Fayetteville Code of Ordinances) with the understanding and.
agreement by the developer that it will install the required
improvements in the manner and form designated in the above
mentioned ordinance on the above
twelve (12) months from the date when a "Notice to Proceed"
is given by city to developer.
2) The City covenants and agrees that the "Notice to
described property within
Proceed" hereinabove mentioned be given to developer within
a reasonable time after right of. way is obtained across prop-
erty adjacent to the above described property. City shall
give "Notice to Proceed" by certified mail at developers
address,/,Gf,:c. �. 72730 , or developers lastknown
address.
3) The developer hereby. covenants and agrees that if.
he should fail to complywith the terms of this contract., the
City may:then install the required improvementsand charge
the cost to the developer, plus interest at the rate of ten.
(10) percent per annum, and this contract will then create
a lien in.favor of the City on the above described property
respective
assigns.
tract shall bind the. parties hereto,
executors, administrators, successors
IN WITNESS WHEREOF, this agreement has been executed.
by the parties hereto the date and year first above written.
WEST ARK REAL ESTATE $
DEVELOPMENT CO., INC,
CITY OF FAYETTEVILLE.
A MUNICIPAL CORPORATION
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'ACKNOWLEDGEMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON )
BE IT'REMEMBERED,
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this
day of
1973, before the undersigned, notary public,
duly authorized,
qualified and acting within andfor the county aforesaid,
appeared in person fj p ti ,;f� wy,,�z -;fl
to me person-
ally well known, who st ed that he was the y/,.
of West. Ark Real Estate and Development Company, Inc., a
corporation, and was by proper resolution of its Board of
Directors duly authorized in his•:respective'capacity to
execute the'foregoing contract for and in the name and behalf
of said. corporation, and further stated and acknowledged. that
he had executed said instrument for the consideration, uses
and purposes therein mentioned and set forth.
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IN TESTIMONY WHEREOF, I have hereunto set
official seal this /7t day of
my hand and
CEP, TIRIC.ATE OF. RECORD
r STATE OFAR! F ,AS j - .
• Was �in�ton Cou ty %:
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.AFI LKci,yrjCircuit fr .. _
tV z, ton Cour ,doh ,hexad orf and rr i -cio.Recorder for
W- r rh ,vn; t 5 -r ` r •.: r
ore-
r �� t .� and ihnsarr:e rs
Wine r=co. !f
Witness n;] bund anu sear �7 of Pa 923
frt15�_G-:• CI_�,�
ALMA KOLLM.E):c:,rfc and —1973
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• Deputy C:erk
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ACKNOWLEDGEMENT
STATE OF ARKANSAS -)
COUNTY..OF WASHINGTON )
BE IT.REMEMBERED, that on this. 1- rri day of
. 1973, before the undersigned and 'notary public, duly commissioned,
qualified and acting. within and for the county aforesaid, appeared
in person . 19:le/g L / /i/di/ . and Eden y!wi»J
to me personally well known who stated that they were'the Mayor
and City Clerk of -Fayetteville, Arkansas, a municipal corporation,:
were duly authorized in their respective capacities to
foregoing contract for and in the name and behalf of. the
City of,fFayettevilie, Arkansas, and further stated and acknow
ledged they had executed said instrument for the consideration,
execute
and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
c(VY1(1 a C
Notary
DEED Chu' ME.
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