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RESOLUTION NO. 1710-74
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 a contract with the developer
of Kenwood Hills Subdivision in the planning area of the City
of Fayetteville, Arkansas, for the purpose of guaranteeing
installation of improvements required by Ordinance No. 1750.
A copy of said contract, marked Exhibit "A", is attached hereto
and made a part hereof.
PASSED AND APPROVED THIS /fek. DAY OF
e ,.-.-
ATTEST••
IftatAy
CSI LER'-
APPROVED:
1
MAYOR �/�2��
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1974.
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CONTRACT
COME NOW Leonard B. Kendall and Ruth M. Kendall,
as the SUBDIVIDER, and the City of Fayetteville,
Corporation, hereinafter referred to as the CITY,
ing contract, to -wit:
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1" !LED
FOR REcono
'74 JUL-9 Py I: 15
v:ASHSGTON C JTY
hereina�ter:Ireerred to
Arkansas, a Municipal
and enter into the follow -
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:
Part of the SE4 of the SW4 of Section 29, Township 17 North,
Range 30 West, being moreparticularly described as follows:
Beginning at a point which is 660 feet West of the SE
corner of
said 40 -acre tract, run thence West 660 feet, thence North 525.5
feet, thence East 208.71 feet, thence North 156.5 feet, thence
West 208.71 feet, thence North 429.29 feet, thence East 208.71
feet, thence North 208.71 feet, thence East 451.29 feet, thence.
South 1320 feet to the point of beginning.
Before 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 abovementioned Ordinance on the
property located in the above-described territory within twelve months
from the date when the first building permit is issued; provided that.
upon extenuating circumstances the City can grant an extension to the 12
month period. No structure may be occupied and no utilities connected
for occupancy until all improvements have been completed and all lots
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released from this contract. The City in its sole discretion shall have
the option of releasing one or more individual lots within'said subdi-
vision before all improvements ire 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 lot or lots have
been released of record by the City, no structure on said lot or lots
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may be occupied, nor may utilities be connected for occupancy.
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 inter-
est at a rate of ten (10) per cent per annum, and that this contract
will then constitute a lien in favor of the City on the real estate lo-
cated 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 sub-
division upon payment of that lot's proportionate share of theCity's cost
in making the improvements, plus interest as aforesaid. This propor-
tionate share per lot shall be determined by the lot's proportionate
ad valorem assessment (less building improvements).
WITNESS our hands and seals on this JhGI day of
City of Fayetteville, Arkansas
A Municipal Corporation
By:.! J` U/Gt24,
Mayo/
ATTEST:
c)(14tLificiL/2If
City Clerk
STATE OF ARKANSAS )
) SS
COUNTY OF )
WASHINGTON'):
1974
Before me,the undersigned Notary Public, duly commissioned and.
acting within
this day
and for
the County and State aforesaid, personally appeared
Mayor of the City of Fayetteville, Arkan-
sas, and /.y ti' j/ 7 -'" City Clerk of the City of Fayetteville,
/to well known,
Arkansas,/and upon oath stated that they had respectively executed and
attested execution of the foregoing. Contract,for the considerations• and
purposes set forth -therein.
(:� 8:1 F,'GE 96
WITNESS my hand and seal as such Notary Public, thi
1974.
My commission expires:
STATE OF ARKANSAS ') •
) SS
COUNTY OF .• )
ACKNOWLEDGMENT
ublic
"."L.
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Before me, the undersigned Notary Public, duly commissioned and
acting within and for the County and State aforesaid, personally appeared
Leonard B. Kendall and Ruth M. Kendall, to me well known, and upon oath
stated that they had executed the foregoing Contract for the considera-
tion and purposes set forth therein.
WITNESS my hand and seal as such Notary. Public this day of tr•°-75
1974.
My commission expires:
(,2- I- 1s
ms's �.-;. 1-"".
Notary Public }�/1 . ,,,,,,
�a'y 1.3
UV, 71.4....• .
SHARON BAYER
if .... ). ;., . \
.Notary, Tarrant -Co. re•
97-
STATE OF ARKANSAS ) SS
COUNTY OF 0mos.-11'r,
ACKNOWLEDGMENT
Before me, the undersigned Notary Public, duly commissioned and acting.
within and for the County and State aforesaid, personally appeared Hoy E.
Chandler. and Evelyn J. Chandler, to me well known,. and upon oath stated that
they had executed the foregoing Contract for the consideration and purposes
set forth therein. .
WITNESS my hand and seal as such Notary Public this
1974.
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147 commission expires:
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CERTIFICATE C).. -J. 7,0RD
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duly cc .AQ 3.•0,:,,x:
Witness my l:ar n .. /d
ALMA KOLLW C
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Ex.Caiy�.. 'acj ^ad
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a -b day..>af- „ �"
r._^'1 ' t
otary Public,
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