HomeMy WebLinkAbout26-73 RESOLUTIONJ
RESOLUTION NO. 26-73k
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:. {.i
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 Meadow Brook Farm Addition to the City of
Fayetteville, Arkansas. 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.
ATTEST:
City Jerk
APPROVED:
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Mayor
CONTRACT
Come now. Mrs. Roland Stubblefield
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:
WITNESSETH
That for and inconsideration of the hereinafter mentioned convenants,
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FOR RECORD
'73 MAR 21 PM 1:39
WASHINGTON. COUNTY
ARKANSAS
ALMA KOLLMEYER
hereinarcrERK
promises, and conditions, the City agrees to accept and approve the Final
Plat of the following described territory:
A part of the SW -1 of the SE -1/4 pf Section 25, Township 17 North,
Range 30 West, more particularly described as follows: From the.,
NF, corner of. said SW -1/4, SE -1/4, Section 25, run N 89° 51' 18" W
382.61 feet to the point of beginning; thence N 89° 51' 18" W 655.17
feet to the centerline of Old Missouri Road; thence S 01° 47'. 37"-
E 310.18 feet along said centerline; thence S89° 51' 18" E 644.68
feet: thence N 00° 08' 42" E 310.00 feet to the point of beginning
containing 4.63•acres more or less.
Prior to and in advance 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 improvements
• have been completed and all lots released from this contract.. Provided,
the City in its sole discretion shall have the option of releasing oneor
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.
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"STATE OF ARKANSAS
ACKNOWLEDGMENT
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COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on tais
before the undersigned, a Notary
acting within and for the
lAria) 514Llr iJP
day of JJ/grc , 1972
Public, a duly commissioned, qualified and
County aforesaid, appeared in person/Arc, tb,.,cQ
; to me personally well known, wilo/44)4d
tlyt they wer the resident ap.Ksecreta.bf.
Aja corporp ion, and wire by ptoper pesolutyen of• j,ts
>Board 00 Dire/ors dujy autleoriz din their/espect3 a caAciti, s exotut.e the
Sregoinytcontra5y' for anf,Y in the/name afd behailf of laid corliorat,ion; and further
stated and acknowledged that
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
e - KJ, day of X4 e -c k ,
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My Commission Expires:
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No al
OLEO 841 PAGE.339
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The Subdivider hereby covenants and agrees that if he should fail to
comply with'the terms of this contract, the City may 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 realestate 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,
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of that lot's proportionate share of the City's cost in making the improve -r s'
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
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City of Fayetteville, Arkansas
A Municipal Corporation
`/-
day of /Hard 19
Russell:D Purdy, Mayor,-
ATTEST:
ayor-ATTEST:
Wth,r7 0673
Helen Young, City Clerk
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ACKNOWLODGMENT•
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STATE OF ARKANSAS
).ss
COUNTY OF WASHINGTON ).
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BE IT REMEMBERED,, that on this 01// day ofd.
before the undersigned, a Notary Public, duly commissioned, qualified and
acting, within and for the County aforesaid, appeared in person Russell D. Purdy
and Helen•Yoting, to me personally well known whb stated they were the Mayor
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 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
day of c772pAcit 192A
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My Commission Expires_
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Notary Public
CERTIFICATE OF--RECORD--
STATE OF ARKANSAS 1 SS. •
Washington County
I, Alma L. Kolhieyar Circuit Clerk and Ex -Officio RecOrder for
Washing en County, do hereby ccr;iy that the annaxed or�ffore-
going m tt�rument was fil. , or re'or' in my,°Dfice on thco L day
of /�Nu"• 1r15cl •'39,:;cr,!✓C f•.4, and the same is
duly rcrorded in record 1V . atpagc33er
w •tress r-yband.end seal thf&Jotday of _ iia=1gQ_Y
AI MA KOICMFYER
Circuit C'erk and
Ex -Officio Recorded
Deputy Clerk,