HomeMy WebLinkAbout60-74 RESOLUTIONAirs
.4t'ATTEST:
5.3 a
rit • -
gt
fi
RESOLUTION NO. 490-1$t
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 Supplemental Agreement modifying
a lease with Fayetteville School District No. 1;:the purpose of which
Supplemental Agreement is to correct an erroneous legal description
of two city parks located on School District property. A copy of
said agreement, marked Exhibit "A", is attached hereto and made a
part hereof.
PASSED AND APPROVED THIS (02- DAY OF allitilt 1974.
APPROVED:
KYEZettgAkti-06
t
•
-c
MAYOR
/a(44-11(7 )41f/14,1
SUPPLEMENTAL -AGREEMENT MODIFYING LEASE
AgreeMent made this 6yi day of
ati av yid
1974;
by and between the Fayetteville School District, No. 1, a public
and and edUcational institution of the State of Arkansas, hereinafter -
referred to as Lessor, and the City of-Fayeiteville, Arkansas herein-
after referred to as Lessee.
Recitals
1. The parties hereto have entered into a Lease dated April
10, 1973, a copy of which is attached hereto, affecting parcels
of land including the parcels described as follows:
A tract of land situated in the SW1/4 of the SW1/4 of
Section 16, Township -16 -North, Range -30 -West and
being more particularly described as follows:
Beginning at a point which is approximately 355 ft.
North and approximately 215 ft. East of the SW corner
of said 40 acre tract, said beginning point being •
a point on the North Right of Way line of U. S. Highway
62 at its intersection with the East Right of Way line
of Garland Avenue; thence Northwesterly along said East
Right of Way line of Garland Avenue approximately 680
feet; thence North still following the East, Right. of
WaY line of Garland Avenue approximately 400 feet to
the intersection of the South Right of Way of California
Boulevard; thence in a Southeasterly direction approxi-
mately 180 feet following said South Right of Way of
California Boulevard; thence containing East along said
Right of Way line approximately 165 feet; thence South
575'; thence East 180'; thence South approximately 403
feet to the North Right of Way line of Highway 62'; thence
West approximately 335 feet along said North Right of
Way line of Highway 62 to the point of Beginning. (Tract
B); also
11
A tract of land situatedin the NEZ of the NW1/4 and
the NW14 of the NE1/4 of Section 304ownship-16-North,
Range -30 -West, and being more particularly described
as follows:
Beginning at the SE corner of the NE 1/4 of the NW1/4 of
said Section 36, said point being on the South line of the
tract herein described; thence West 504.6 feet to the
East line of Old Missouri Road; thence NO 4 degrees .45'E
along said East line a distance of 280 feet more or less;
thence East 580 feet more or less; thence North 450
feet more or less; thence East 200 feet more or less;
thence South 33 degrees ll'E 152..23 feet; thence S24
degrees 08' W 204.09 feet; thence South 415.51 feet;
thence West 293.51 feet. to the Point of Beginning.
2. The parties hereby desire by this Supplemental Agreement .
to modify the legal description S of the two above mentioned parcels,
inasmuch as error was committed as to the said descriptions as described
in the abovementioned Lease between the parties.
In continuing .consideration of the mutual covenants contained
•within the above mentioned lease, the parties agree as follows:
The lease dated April 10, 1973, between Lessor and
Lessee for the premises indicated within the Lease
and variously located within the City of Fayetteville,
Arkansas, shall be modified, effective on the date
of execution of this Supplemental Agreement, to
alter, change, and amend the legal description of the
two particular parcels of land indicated above within
this Supplemental Agreement, as.follows:
A tract of land situated in the SW4 of the SW4 of
Section 16, T16N, R3OW, being more particularly
described as follows:
Beginning at a point which is approximately 335 feet
North and approximately 215 East of the SW corner of
said 40 acre tract, said beginning point being a
point on the North right of way line of U. S. Highway
62 at its intersection with the East right of way
line of. Garland Avenue, Fayetteville, Arkansas; thence
Northwesterly. along said East Tight of way line of
Garland Avenue approximately 680 feet; thence North
still f011owing the East right of way of Garland Avenue
approximately 400 feet to the intersection of the South
right of way line of California Boulevard; thence in
a Southeasterly direction approximately 180 feet
following said South right of way of California Boule-
vard.; thence continuing East along -said right of way
line approximately 165 feet; thence South 575 feet;
thence East 180 feet; thence South 203 feet; thence
East 115 feet; thence South 200 feet to the North
right of way line of U. S. Highway 62; thence West
450 feet along said right of way line to the point of
beginning.
11
A tract_of land situated in the NE4 of the NW4 and
the .NW 4 of the NE4 of Section 36,. Township -17 -North,
Range -30 -West, and being more particularly described
as follows:
0,11-
•
Beginning at the SE corner of the NE1/4 of the NW1/4
of said Section 36, said point being on the South
line of -the tract herein described; thence West 504.6
feet to .the East line of Old Missouri Road; thence
N04 degrees 45'E along said East line a distance of
28.0 feet more or less; thence East 580 feet more or
'less; :thence North 450 feet more or less; thence
East 200 feet more or less;. thence 533 degrees 11'
E 15223 feet; thence S 24 degrees 08'W 204.09 feet;
thence South 415.51 feet; thence West 293.51 feet
to the Point of Beginning.
All provisions of the Lease are modified to conform herewith
but in all other respects are to be and shall continue in full force
and effect.
IN WITNESS WHEREOF, the parties have executed this Supplemental
Agreement the day and year first indicated above.
CITY OF FAYETTEVILLE, ARKANSAS SCHOOL DISTRICT NO. 1
A Municipal Corporation
MAYOR _A41 BY:
By: bi
Aft
TITL
*
• • I j
"EE)11C
ATTEST:Sila)
SEAL