HomeMy WebLinkAbout42-73 RESOLUTIONRESOLUTION NO. 42-73
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 Strawberry Hill Subdivision.
A copy of this contract, marked Exhibit "A", is attached hereto, and
make a part hereof.
PASSED AND APPROVED this 15th day of May , 1973.
f
ATTEST:
APPROVED:
4
//1444.247(2
Mayor
•
1
)01-,
•
."'"2.f. •
,
known as the...Subdivider, and the .City of Fayetteville, Arkansas, a Municipal..
;
-.Corporation, hereinafter known as the City, and enter into the following
T‘R A C
,
E 73CO :;;SDL- V EL0 m T
JUNI2IN
WASHIIGTON couryQt
ARKANSAS:P3'
t1,4 KOLLMEYER
Ce rAgin- GL.11.e.reinafter-
./
..?;:contract,.to-wit
:•WITNESSETH
•
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: •
/41part of theSouth1/2 of the NE1/4 of Sec. 36, T17N, R30W,• in '
;-of.Fayetteville,.arkansas, and more particularly described as
' Beginningat-a stone which is the NW corner of the SE1/4
said.f:Sed:136,-and running thence S E 820.
0°424? -15" W 522.41 feet; thence S 39°-05'-30" W 179.
• t.„*“..;
AgE1/4 of
.thence S
,S))
-thence S
:thence S
•;thence S
;thence N
Jthence N
*thende N
' thence N
_thence N
.thence N
the,CitY-
follows:,,t
of.tbet
01 feet;',..7.-
0 feet;..:.
45°,111730" W 236.70 feet; Thence N 42°-33'ff30" W 251-.41 feet; -
47°,27 -13" W 112.83 feet; thence S 490-51'-49" W 526.59 feet;.fl
•18°723i748'E 126.6 feet; thence S 63°-02'-37" W 99.74 feet;
18.°706!.:H11" -W 49.99 feet; thence:N -63°-05'-21" E
17°.H.1.4r711" W 53.9 feet; thence N 160-031-11" W 57,2::feet;
6,7°707!E-.58" W 69.58 •feet; thence N 20-25'-22" W 150.16 feeti
88°59'736" W 175.0 feet; thence N 8°-‘12'-33" E 142.53 feet;
89.2613.0"..W.2.41.6,feet:. thence N.1°-18!.-719" E_100...92,feet;
46°201-50";E 934.89 feet to the point of beginningand tha'AY
• extension of Strawberry Drive to Old Wire Road.
: .
Prior to and in advance of the installation of the improvements required by ..:
. :
:Section 3, Part;:."8" of Ordinance No. 1750 of the FaYetteville Code of
_
;.f.• ,.;„•;,- ; : .. . .. -
-. . • .
Ordinances entitled "Guarantees in Lieu of Installed Improvements," with the '...C:
„
,
'understanding and agreement by -the Subdivider that he will install the
.--required improvements designated in the above-mentioned Ordinance on the
s:
pprOperty locatecrinthe 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
the City in its sole discretion shall have the
this contract. :Provided,-;.
option of releasing one or
• w.
, •
Y'more individval lotS'within said subdivision prior to the time that
. .
irrovements are completed it 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 satisfactorilj 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 oceupied or.utilities.
connected for occupancy.
:77
T.he Subdivider.hereby covenants an
•comply with the,termsof this contract,
'required improvements and charge the oak to. the SubdivideripluS 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
7 the subdivision, to secure payment of the amount spent by the City in
:providing the. improvements. In such case, the City hereby agrees that AL.-
.
mill release said lien an any individual lot.in the subdivision upon payment
of that lot's proportionate share of the City's cost in making the improve—.,
ments, plus interest as aforesaid. This proportionate share per iot shall
' .be determined by,the:lot's proportionate ad valorem assessment .(less building.
It is furtherjinderstood 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 A
by the City Engineer, before the Building Inspector can issue any permits.
Witness our hands and seals on this /76c day of
-i.City of Fayetteville, Arkansas
;. A Municipal Corporation
by
Yjs VELt P AnEkrn
•
.ySTATE OF ARKANSAS4
COUNTY OF WASHINGTON
BE IT REMEMBERED that on this
day of
,
• • _
before the undersigned a:Notary Publi.c, duly cOrmissioned, qualified and
acting, withinan&for the County aforesaid, appeared in person
".
•
and17144L'HowAt:to me personally well known who stated they were the Mayor
and City Clerk'of Fayetteville,
duly authoriied,in:their respective capacities
Arkansas, a Municipal Corporation, and were
for and in
stated and
to execute :the foregoing
thename and behalf of the City of Fayetteville, Arkansas and
contract
fUrther:
acknowledged they had executed said instrument for the consideration
cuses . and puTposeS:therein mentiened and set forth.
, . • .
..4".i(A•.r, • y
rr.
' Testimony Whereof I•have hereunto set
my
..:7•/41
hand and official seal this s
• - • .
-.2n¢47
Notary Public
My CoMmission Expires
/21/4-04'
•
91:7A
rya
• ••••toar;
Mnjthis.day, before me personally appeared_Marion E;:Johnson
•
Helen Edmistbn and Thomas McNair tolme personnally well known, who
r„
acknowledged that they were the PreSident, Secretary and Treasurer o
-
Mejco Development Co.; Inc., a corporation, an that they, as such ...
officers:being authorized so to do i had executed the foregoing -
-
instrument. for the purposestherein contained, by signing the name
of the.corporation by themselves as such officers.
WITNESS MY HAND AND OFFICIAL SEAL THIS 15th DAY OF MAY, 1973
CERTIFICATE OF RECORD' '
STATE OF ARKANSAS I . --
! Washington County J . - ' --
. ..-
. .•
,
' 1, Alma L. Kcilmeyar, Circuit Clerk and Ex-thrais Recerderloo
. WachIngtcn County, do hereby certi:‘„, that ths ann==I or -toms
. Rain?, Inctrum on t was f:lod tor record in my 315cs as than, la
' . o f So iv g. •_1Y_3 at /136.:ion pii, anti thesamek
- Owy isSsrded in • recsrd_L?_41_2_..ssitPegte_45
talLiness.my hand and seal thisi_i_day of41tiy_t19,34_
;
itilik_KOLLMEYER_L---
:tot ciett. .7,7,1 , ::' in • •
:Ex:Ofiici. o Ravords2 il. -- -
ay Fl IV
...i:f cs)....(T3.•1:ct . 14 1
,t) r
-...: 5 ,•„: i t . : co il
' .0, I
•
•) • . •1
‘tts;. 1. .-k: ,i :*:fi,?,-.)...
„r -
de; ,•
i.e. • ..
ii.V•ej, _ c : ..,:1, . 1 S:/-5:" "•• -
7 ., 1.‘ :1 • V ...•:).:., . '....... p .z..,,
','1 ' 7 ri. :: I $::1.''..''•
..f...‘..-‘p.:::";.;'ti
•
• • c`.1 . A49,',
D'EED 849 racf.412