HomeMy WebLinkAbout07-75 RESOLUTIONRESOLUTION NO. % '!S
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A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
A CONTRACT WITH ROY FAUBUS AND BEULAH FAUBUS, HUSBAND AND WIFE,
TO GUARANTEE THE INSTALLATION OF IMPROVEMENTS REQUIRED BY
ORDINANCE NO. 1661.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk be, and they
hereby are, authorized and directed to execute a contract with
Roy Faubus and Beulah Faubus, husband and wife, to guarantee
the installation of improvements required by Ordinance No. 1661.
A copy of said contract, marked Exhibit "A", is attached hereto
and made a part hereof.
PASSED AND APPROVED THIS 4/,,(t} DAY OF
1975.
ATTEST:
APPROVED:
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CITY CLERK
MAYOR
Beulah Fa u} s, husbandand wife, hereinafter called the "Developers"
and the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called the "City."
WITNESSETH:
1) That for and in consideration of the hereinafter mentioned
covenants, promises, and conditions, the City hereby grants the
Developers a waiver from preliminary and final plat requirements
of::Appendix.,:C,to the Fayetteville Code of Ordinances as said
requirements would be applicable to the following described property,
to -wit:
CONTRACT
ASHINGTONKCOUNTY ARKAN?�°
n;.'N im, �, a .t }'
1/4% gnatiati
ALMA KOLLIN
CIRCUIT CLERK
This agreement made and entered into this. /,. day -of
, 1975, by and between 'Roy Faubus and
A part of the SE 1/4 of the SW 1/4 of Section 33,
T17N, R3OW, being more particularly described as
follows, to -wit: Beginning at a point which is
606.93 feet E and 833.87 feet N of the SW corner
of said forty acre tract and running thence N
00 degrees 13 minutes E 156.68 feet; thence S
89 degrees 45 minutes E 361.16 feet; thence S
30 degrees 58 minutes W 92.80 feet; thence S
27 degrees 32 minutes W 86.42 feet; thence N
89 degrees 45 minutes W 273.48 feet to the point
of beginning.
prior to and in advance of the installation of the improvements
required by Ordinance No. 1661 (Sec. 18-13 of the Fayetteville
Code of Ordinances) with the understanding and agreement by the
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Developers that they will install the required improvements in .the
manner and form designated in the above mentioned ordinance on
the property described herein within twelve months from the date
when a "Notice to Proceed" is given by the City to the Developers.
2) The City. covenants and agrees that the "Notice to Proceed"
hereinabove mentioned be given to Developer within a reasonable
time after right of way is obtained across property adjacent to
the above described property. City shall give "Notice to Proceed"
by certified mail at Developers address
or Developers last known address.
3) The Developer hereby covenants and agrees that if he should
fail to comply with the terms of this contract, the City may then
_ ct 886 181
install the required improvements and charge the
developer, plus. interest., at the rate of. ten (10)
annum, and this:contractwill then -create a lien
cost to the
percentper
in favor of
the.City on the above-described property to secure payment of
the amount spent by the City in providing the improvements.
4) That this contract shall bind the parties hereto, the
respective heirs, executors, administrators, successors and assigns.
5) This contract shall not be construed to require the
developers to improve the existing county road abutting the
North side of the property described herein..
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IN WITNESS WHEREOF, this agreement has been executed by the
parties hereto the date and yearl.`first above written.
DEVELOPERS
/Fau
4 ".2y-
sJig
_V'ty rydr
S
BeulahFaub s
CITY OF FAYETTEVILLE
A MUNICIPAL CORPO TION
BY' 424477)_ laiS)
MAYOR
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Vol 886 182
3.]
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1
1
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
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ss.
ACKNOWLEDGEMENT
`����� , 1975,
."/' day of
On this the / �
,
before me, the undersigned officer, per-
.
�� -
and.
sonally appeared ir ".�.
" husband and wife, known tome
""t`"`�f� --1-7.c.--f—c-6-4---c-4--ioin instrument and
to be the persons whose names are subscribed to tyle foregoing
acknowledged that they had executed same for the purposes therein contained.
�� to me personally
And ��� �, further
known as wife of
that she executed such instrument without compulsion or un(IR�,.,,,,-,,
acknowledged `'� ) li7 • w e �i�o
AI. : r/Vr^..f
Y N
NOTAR PUS0 r•
'��bsii7301���,
influence of her husband.
WITNESS my hand and seal.
My Commission Expires:
CERTIFICATE OF RECORD
STATE OF AR.;;,,ISAS I ss. - rdcrtor
Washington County I Otfic o RetO
1, Alma r Circuit Clerk and Ex - Officio 1. Alma n Kou County,
d certify that the annexed T. ;p e-
onCounty.doledfot my office on the
Washington was filed for record in ckT M and thesarne ii
gcing i strument l a' 3...4' clordQ �g1 at Page
of record 1971
duly recorded in ay of
Witness my hand and seal thi
AI s,*
Circuit C er
Ex -Officio Recorded
BY
DeputY Clark
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