HomeMy WebLinkAbout26-75 RESOLUTION•
RESOLUTION NO. 076-1-76.-
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH THOMAS J. MORGAN AND PATRICIA C.
MORGAN TO GUARANTEE INSTALLATION OF A SERVICE ROAD ON PROPERTY
ABUTTING THE HIGHWAY 71 BY-PASS.
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 Thomas J.
Morgan and Patricia C. Morgan to guarantee installation of a
service road on property abutting Highway 71 By -Pass, a con-
trolled access highway. A copy of said Contract, marked
Exhibit "A", is attached hereto and made a part hereof.
PASSED AND APPROVED THIS
1975.
ATTEST:»
CITY CLERK
DAY OF
"frtelltiY
APPROVED:
MAYOR
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CONTRACT
This Contract executed on this
1975, by and between the City of Fayetteville, Arkansas,
after called the "City" and Thomas J. Morgan and Patricia C.
Morgan, husband and wife, hereinafter called the "Developers",
WHEREAS, the Developers own certain property hereinafter
described; and
WHEREAS, said property abutts a duly designated controlled
access highway within the City of Fayetteville; and
WHEREAS, Developers have submitted a development plat for
said property; and
WHEREAS, Section 18-13 of the Fayetteville Code of Or-
dinances provides that the development plat for property
abutting a controlled access highway may be approved prior
herein -
to the installation of the service road required thereby if
the Developer enters into a contract with the City for con-
struction of said service road.
Now, therefore, in consideration of the mutual covenants
contained herein, it is hereby agreed by the parties hereto
as follows:
1. The City agrees to approve the development plat for
the following described property prior to and in advance of
construction of the service road required by Section 18-13
of the Fayetteville Code of Ordinances:
Part of the West Half (W-1/2) of the Southeast
Quarter (SE -1/4) of Section 29, Township 16 North,
Range 30 West, described as being all of the West
53-1/3 rods of said 80 acre tract, except the South
800 feet thereof, also, less and except the following
described part of the Northwest Quarter (NW -1/4) of
the Southeast Quarter (SE -1/4) of said Section, to -wit:
Beginning at the Northwest corner thereof, and running
thence N 89° 27' East along the North line of said 40
acre tract 402.2 feet to a point on the Southwest
right-of-way line of Fayetteville Loop, Highway 71,
for a point of beginning; thence North 89° 27' East
along said North line 481.9 feet; thence South 0°,
27' East 305.8 feet to a point on said Southwest
right-of-way line; thence North 57° 44' West along
said right-of-way line 367.8 feet; thence North 58°
47' West along said right-of-way line 207.7 feet to
-2 -
the point of beginning, containing. 34.99 acres, more
or less, together with the access to said Fayetteville
Loop of Highway. 71. ALSO, a part of the Southwest
Quarter (SW -1/4) of the Northeast Quarter (NE -1/4),
and a part of the Southeast Quarter (SE -1/4) of the
Northwest Quarter (NW -1/4) of Section 29, Township
16 North, Range 30 West, described as follows, to -wit:
Beginning on the half section line a point 25 feet
East of the Southeast corner of the Southeast Quarter
(SE -1/4) of the Northwest Quarter (NW -1/4) and running
thence North 25 feet; thence West to the Old Wire
Road; thence South 25 feet to the half section line;
thence East on said line to the place of beginning.
2. Developers agree to dedicate a 50 foot street right-
of-way
to the City on the above described property, and to
install at Developers' expense the service road required by
Section 18-13 of the Fayetteville Code of Ordinances. Developers
further agree to install said service road within twelve (12)
months from the date when a "notice to proceed" is given to
the Developers by the City, and agree to dedicate said
50 foot right-of-way upon completion of said service road.
3. The City covenants and agrees that the "notice to
proceed" hereinabove mentioned will be given to the Developers
within a reasonable time after right-of-way for a service road
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
4. Developers hereby covenant and agree that if they
should fail to comply with the terms of this contract, the
City may then install the service road required by Section
18-13 of the Fayetteville Code of Ordinances and charge the
cost thereof to the Developers, plus interest at the rate of
10% per annum, and this contract will thencreate a lien in
favor of the City on the above described property to secure
payment of the amount spent by the City in constructing
said service road.
5. Developers agree that at such time as the service road
to be installed on the above described property intersects
with a street or highway intersecting a controlled access
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highway (taking into account other service roads continuing
from the property lines to the intersection) any existing direct
access into the controlledaccess highway will be closed; pro-
vided, if the Developers feel undue hardship would be caused
by the closing of an existing access, they may petition the
Planning Commission for an exception to permit keeping the
access open.
6. This contract shall bind the parties hereto, their
respective heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF, this agreement has been executed by the
parties hereto the date and year first above written.
(DEVELOPERS)
,i r ^n''.0-0
Thomas J.
rgan
9
Patricia C. Morgan
CITY OF FAYETTEVILLE, ARKANSAS,
A Municipal Corporation
BY
2 224472)
Mayor
ATTEST:
BY
ACKNOWLEDGMENT
lP,c cQ Aat-6_844-)
City Clerk
STATE OF ARKANSAS )
)SS
COUNTY OF WASHINGTON )
1day of �", -+
,Y<��, before me, the
� 7
On this . 1975,
undersigned Notary Public, personally appeared Thomas J. Morgan
and Patricia C. Morgan, husband and wife, known to me to be
the persons whose names are subscribed to the foregoing instru-
ment and acknowledged that they had executed same for the
purposes therein mentioned and contained.
And Patricia C. Morgan, to me personalty Known as the wite
of Thomas J. Morgan, further acknowledged that she executed
su'gh instrument without compulsion or undue influence of her
husband.
Witness my hand and seal this 20 day of "Marta,
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197,51; /,)e.,••"
N.
t ' I ;
-..../My Commission Expires:
3-19- 77
c• ern ttirl
Notary Public