HomeMy WebLinkAbout90-73 RESOLUTIONRESOLUTION NO. 90-73
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 .Hy,land
Park, Inc., in which the developer guarantees the construction
of the improvements intiHyland Park Subdivision, Phase I
required by•Appendix C (Subdivision Regulations) to the Code
of Ordinances, City of Fayetteville, Arkansas. A copy of
this agreement marked Exhibit "A" is attached hereto and made
a part hereof.
PASSED AND APPROVED THIS i DAY OF fipuember, , 1973.
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ATTEST:
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APPROVED:._
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etiAlMAYOR
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AP?
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Comes now ': Hyland Park,. Ina ;' huLLi`1, !Fd hereinafter
CIRCUIT CLERK.„::.•.:
known as the Subdivider, and .theCity of Fayetteville, Arkansas, a Municipal
Corporation, hereinafter known as the City, and enter into the following
contract; to -wit: r.`
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 followingdescribed territory:
See Exhibit A -for description.
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 ofreleasing'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 'nd
occupancy.of saidindividual 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 occup'ed'or utilities
connected for occupancy.
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'he Subdivide. hereby•covenants`and
comply„+nth theA terms of this contract,
grees that,if he.should f&t1 to
the -City may:then..install:the
required improvements and
YYcharge-the nest to the Subdivider, plus interests'.
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0per cent per annum, and that this contract then will
• constitute a lien-in-favor'of the City on the real estate located within.
the subdivision, to secure payment of the amount spent by the City in
5
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
of that lot's,propditionate share of the City's cost in making the- improve-
ments, plus interest as aforesaid. .Thisproportionate share per lot shall.H.
be deterrd.ned.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
9 r. ..
-by the City Engineer, before the Building Inspector can issue any permits. -'
- Witness our hands and seals on this ,29 % day of /2veimber , 197,3, '.
7,•
;',City of Fayetteville, Arkansas
A Municipal Corporation'.
HYLANDPARK, INC.'
ndsey,. P
esident
Nita ttndse
Secretar
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,
A part of the East of the SE; of Section 11 and a part of the
West 15 of the SW1 of Section 12,'A11 in Township 16 North, Range.30
West, Washington County, Arkansas, more particularly described as `
follows:
From the NW Corner of the Silk of said Section. 12, run S 01 degree
41 minutes 56 seconds E 1082.52 feet to the point of beginning;
Thence S 67 degrees 11 minutes 41 seconds E 180.00 feet;
Thence S 09 degrees 00 minutes 54 seconds W 205.22 feet;
Thence 27.47 feetalong a curve to the right having a radius of.
290.17 feet; with a chord bearing and distance of N 72 degrees 52
minutes 17.seconds W 27.46 feet;
Thence N 70 degrees 09 minutes 35 seconds.W 55.00 feet;'
Thence S 34 degrees 54 minutes 50 seconds W 417.57 feet;
Thence 60.00 feet along a curve to the left having a radius
of 187.26 feet; with a chord bearing and distance of
N 03 degrees 16 minutes 14 seconds W 59.74 feet;
Thence S 02 degrees 26 minutes 06 seconds E 144.99 feet;.
Thence S58 degrees 25 minutes 58 seconds W 102.58 feet;
Thence S 40 degrees 24 minutes 09 seconds W 172.03 feet;
Thence S 28 degrees 48 minutes 35 seconds W 121.25 feet;
Thence .S.67 degrees 26 minutes 05 seconds W 299.95 feet; .
Thence N 68 degrees 34 minutes 16 seconds W 434.14 feet to the easterly
right-of-way of Arkansas State Highway 265;
Thence N 01 degree 05 minutes 01 second E 182.49 feet along said right -
of way;
Thence N 06 degrees 56 minutes 47
of -way;
Thence N 10 degrees 43
of -way;
Thence N 13. •degrees 17
of -way;
Thence N 19 degrees 01 minute
of -way;
Thence N 22 degrees 01 minute
of -way;
Thence N 24 degrees 06
of -way;
Thence N 24 degrees 26 minutes
of -way;
Thence N 88 degrees 12
beginning containing 2
seconds E 100.07 feet along said right -
along said right
along said right
minutes 25 seconds E
minutes. 17 seconds E
minutes
99.99 feet
99.93 feet
46 seconds.E 100.00
30 seconds E 100.02
00 seconds
05 seconds
minutes 57 seconds
2.74 acres, more or
E 99.98
feet along said right -
feet along said right
-
along said sight -
E 207.50 feet along said right-
E 921.37 feet to the point of
less.
PS
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i`C76Xi1t{
STATE OF ARKANSAS
COUNTY OF WASHINGTON
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inee tag' 14'
BE IT REMEMBERED,' that on this kr"
before the undersigned, a Notary Public, duly
acting within and for -the County aforesaid, appeared in person gigma ,•F',.
day of
Commissioned,
Li nasey and Ni to TA ndcay
, to me personally well known,
who stated that they were the President and Secretary of, Ryland Park,.....Inc
a corporation, and were by proper resolution of its Board
of Directors duly authorized in their respective capacities to execute the
foregoing
contract ,for and in the name
corporation,'.
• and further stated and acknowledged that 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
this 'day of yl �m�4�— , 19 73
official seal..,:
My' Cpnnission Expires:
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e r a .` 3 t.1
aa
STATE OF ARKANSAS )
COUN'T'Y OF WASHINGTON )
BE 1T R1:f:1EMBERED, that on this ¶44-) day of
before the undersigned, a Notary Public,•duly commissioned; gual
acting, within and for the County aforesaid, appeared in person
and , to me personally well known. who stated they were the Mayor.
1913
ficd. and
- and City Clerk of Fayetteville, Arkansas, a Mtmicipal.Corporation, and were
duly authorized in their.respecti.ve capacities to execute .the foregoing contract
:for and.in the name and behalf of the City of Fayetteville, Arkansas and•furthcr.-
and acknowledged. they had executed said instrument for the conside
uses and purposes therein .mentioned'and set forth..
In Testimony whereof I have hereunto set my hand and official
•
day of :�_v„%
seal this
Notary Public
,My Commission Expires:
CERTIHHCAA,TE OF RECORD
STATE OF ARRPi IV S 1 ss. - Washington County ]
. 1, Alma L. I<climegar, Circuit Gar!; Officio R2cord'_r for
�h, .-.r.,;_,;ed .:;r fore-
Wasi;ington Ce!:,.y. Co h:.,ani ..t... _:�� _'•,.:: -..
• going, Inc:r• rant was fled Cor ra.tcati in rty -of .9C.2 on i:haoa9 day
of eO . 19GrL&_r.'!%P-t "c/.:.9.; . and -r_ ca- o is
day r corc!td in • 2tc--4—reccrd_Y- e ^---_89
Witness my hard and seal tl;i;.30_day of_ - �L�=V'J--"�
• ALMA KOLLM ITER
Circuit Clerk cad
Ex -Officio Rzcorded
By
Deputy Clark