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Home My WebLink About77-73 RESOLUTION'7t RESOLUTION NO. 77-75 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 Fayetteville Land Company guaranteeing improvements in Winwood II Subdiv- ision. A copy of this agreement marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED THIS ,W DAY OFG, 1973. ATTEST: t APPROVED: a/OiMAYOR • • • 4 Comes now FAYETTEVILIE.LAND COMPANY known as the'.Subdivider, and the, City of.Fayett Corporation, hereinafter known as the City, and contract; to 'j 111: ^3hhC ON COUNTY `3' t AFU MIDAS; AMA I OL M=Yr.R, £:- CIRCUIT- O,`tereinafter a. 3vi11e, Arkansas, a Municipal_,;'. '. '; enter into the following - . WITNESSETH That for'and.in•considerationof the promises, and:conditions,. the City agrees hereinafter -mentioned covenants, to accept and approve the Final Plat of the following described territory: ery A part of the W'1/2 of the NW fractional Quarter and part of the NW 1/4 of ihe.SW l/4:of..: • Section 2, T16N„R3OW of the Sth Principal Meridian, Washington County, Fayetteville,Ark.-, being more particularly described as follows: Beginning at a point which is N 1°7O8'-39” E 200.0 feet from the SE corner of the NW 1/4 of the. SW 1/4 of said Section 2,. and running.. thence N1°-08139" E1323.78'feet;-thence N 89°-16'-19" W 776.92 feet; thence S 0°,-31'.-24" W 764.62. feet; thence.S 87°-59'-05"- E 73.0 feet; thence S 2°-15'-39" W 344.23 feet; thence S 89°-16'-19" E"402.0.'feet; thence.S 8°-26'-19" W 165.05 feet; thence S. 89°-16'-19 E 131.30 feet; thence,S.l°-08'-39" W 50.0 feet; thence S 89°-16'-19" E 190.0 feet to the t,-<•„ point of beginning:”. Also an easement for access, described as follows: A part of the: NE 1/4 of the SW 1/4 of Section 2, T16N, R30W, more particularly described as follows: Beginning at a point 170.00 feet N. 1°-8'-39" E of the SE corner of the NW 1/4 of the SW 1/4 , -- of said Section 2;.thence along a curve to the right having•aradius of 145.7:feet a distance of 84.68 feet; thence N 89°-17'-23" W 23.93 feet to the East line of. the NW 1/4.4.. of the SW 1/4 of said -Section -2; thence S1°-8'-39" W - 80.00 feet to the point of beginning:`y Prior to and in advance of the installation of the improvements required by-- Section 3, Part-JIB"of Ordinance No. 1750 of the Fayetteville Code of ; Ordinances entitled "Guarantees in Lieu of Installed Improvements ,° with the understandingand.agreenent by the Subdivider that he will install the required improvements designated in the above-mentioned Ordinande'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 ':'ti: 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' • 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 yindividual lot or lots have beensatisfactorily completed; however, until such time as such lot or lots have. been released of record by: t the City, no structure on said lot or lots ray be occupied or utilities connected for occupancy. BEEu 859. .AGE. 43 The agreesthaSubdivider,hereby covenants' andg r., tif he .should fail ° xa..> 'comply with theaterms of this contract, the City may then install the t;,3 ";•• .. : required improvements and charge the cost tothe Subdivider, plus interest`.,t,.: at a rate often (10) per cent per annum, and that this contract them will constitute alien ''ir, favor of. the City -on the real estate located within `the subdivision, to secure payment of the amount spent by the City in providing the improvements. In such case, the City • i' will release said lien on any individuai.lot in the hereby agrees that it,. hANGTOM Yr i t4Pd: AL 1AaOLL CiRCUIT,•C "AF•Gk ik subdivision upon payment`.; Of . that lots proportionate share of the City's cost in making the improve -.i''. mentS, plus interest as aforesaid. This proportionate share per lot shall,`, 1 be determinedby the lot's proportionate ad valorem assessment.(less building'. improvements 'It is furtherunderstood and agreed that any new street'must be stake `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 Jby the City Engineer, before the Building Inspector can a:1sanne�any permits. Witness our hands and seals on this �� day of . v�c.�6+�c - , 19;7l City of Fayetteville, Arkansas A Municipal Corporation ATTEST: rn c J • tr• DER 853 rime 438 r t. oar .r STATE OF ARKANSAS COUNTY OF WASHINGTON i:73-.00T i3-.00T =ts Aid r9 t M.7Kt i ,o> COUNTY. 'r �. X# A. !�.q_,'-i' . 4 '.._e a:4 i,•. fir._e . 4: ¢ /• ''BE IT REMEMBERED, . that on this x/f day of PC,LyG�n came before the undersigned, a Notary Public within and for the County that are known as the parties of the foregoing Contract, and stated that had executed the same for the consideration and purposes therein mentioned and set forth. Witness �my; mh� and day,. of s" `. • P ) y eS• O. tot`\�• CY V- %111113 ...-�•• -d M pn, '%•. . ,. ,4.... % • 444444 ,! 571'11 Notary Public ?4y Commission Expires: .DEED 8a6 PALL 1/41 iA•. 'A C. 1:\01V 1.01)G • STATE OF ARlia,\SAS .. COUNTY OF WASHINGTON 13E I1' IUThEMCERLD,. that on •day.of before the undersigned, a Notary Public, duly corcaissioned, qualified and: acting, within. and for the County aforesaid, appeared in person /.u;J¢$re andfg• , to me personally well known echo stated they were the Mayor and City Clerk. of Fayetteville, Arkansas, a Municipal Corporation, and were .:. duly authorized::intheir respective capacities to execute -.the foregoing for and in the name and • behalf of the City of Fayetteville, Arkansas and further they had executed said instrument for the considerhtion,,. stated and acknowledged uses and purposes.. therein mentioned and set forth. In Testimony whereof I have hereunto set my hand and official. seal.'.`this �e {: day of 4 /lC__ • 5 s `1 lr • •O i c .1 Jr.r / i.i.jam ••: ., -. .N.:. �4 f It My Commission Expires: • STATE OF ARKANSAS` . = COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this 19th day of September ,''1973 before the undersigned, a Notary Public, duly commissioned, qualifiedand acting within and for the County aforesaid, appeared in person l J ,who stated that they were the President and Secretary of ; a corporation, and were by proper resolutionofits Board . of Directors duly authorized in their respective capacities to execute the ie foregoing contract for and in the name and behalf of said corporation, and further stated and acknowledged that they had executed said instrument :6 '...for the consideration, uses and purposes therein mentioned and set forth. In Testimony whereof, I have hereunto set my hand and official seal ' this 19th day of ... 06•44.". ulUrryl f .a' G -C.. i.. �f31 y\ :'��y\Commissiu'nt % fires: • 'r�ri l+11i` d Q`_`. 7 6ie• September Notary Public CERTIFICATE C: STATE OF ARKANSAS 1 _ Washington County SS. c�.. I, Alma L. Kollmeyer Circuit Clerk and Ex -Officio Recorder far • Washington County, do hereby'cerlity that the annexed or fore going instrum::n: was filed for record in my office on the *day of� :i9Z3atg7/o•clock4»O,.�a and the same is duly ror..-.I.'..'� ie _record OJte at page'f37 Witness ,..y nand and seal thfs__,rday of _, d i9 73 ALMA KOLLM -. Circuit Clerk and . Ex -Officio Recorded peputy Clerk -c DEED _1.853 PACE