The URL can be used to link to this page

Home My WebLink About62-75 RESOLUTIONRESOLUTION NO. 627 7S r v A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE DEVELOPERS OF SHADOW HILLS SUBDIVISION TO GUARANTEE THE INSTALLATION OF IMPROVEMENTS REQUIRED BY ARTICLE 3, SECTION A OF APPENDIX C TO THE FAYETTEVILLE CODE OF ORDINANCES. 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 developers of Shadow Hills Subdivision to guarantee installation of the im- provements required by Article 3, Section 1 of Appendix C to the Fayetteville Code of Ordinances. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS 19th DAY OF AUGUST, 1975. APPROVED: V -47-{ c.27.n:G"ti ZUZ) .moi ATTEST: • n - ',put) ice! 2A 4-.4164./ MAYOR CITY CLERK • FILED FO4 `RECORD AGREEMENT '75 DEC -9 PH 2 II THIS AGREEMENT executed this /94 day of ��'�,� fl 1975, by and between the City of Fayetteville, R!t"(" ${)CAt)sa� r_ �- municipa 1 corporation, hereinafter called the "City",��-C�'IT Loring::: and Loris L. Stanton and James O. Witt, Jr., hereinafter called the "Developers". In consideration of the City approving the final plat of Shadow Hill: Subdivision prior to and in advance of the installation of improvements required by the City's subdivision regulations, Appendix "C" to the Fayetteville Code of Ordinances, the Developers hereby agree as follows: 1. Developers agree to pay one-half the cost of curbing, guttering, draining, and paving that portion of Collette Drive which abutts Shadow Hill Subdivision. 2. This agreement shall be binding upon the parties hereto and upon their heirs, executors and assigns. Developers agree to require any purchaser of a lot within Shadow Hill Subdivision abutting Collette Drive to execute an agreement at the time of sale that said purchaser assumes the obligation created hereby. ' IAT'TEST: :i, CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation BYt n. ' MAYOR Vit:'. `•,. IT 'CLERK STATE OF ARKANSAS COUNTY OF WASHINGTON ACKNOWLEDGMENT ) )SS 898 183 BE IT REMEMBERED, that on this day before me, a Notary Public within and for the said county and state, appeared City 1 • • of Fayetteville, Arkansas, a municipal corporation, by Marion Orton, Mayor, and Darlene Westbrook, City Clerk, who stated that they had executed the foregoing Agreement for the purposes and consideration therein mentioned and set forth. Witn ss my hand a d seal as such Notary Public this__f`/'o day of pp�.� o �./ , 1975. • Nota' -v Public ' My Commission Expires: /¥-x-"76 -ACKNOWLEDGMENT 1 STATE OF ARKANSAS )SS COUNTY OF WASHINGTON BE IT REMEMBERED, that on this day before me, a Notary Public within and for the said county and state appeared Loris Stanton and James O. Witt, Jr., known to me to be the persons executing the foregoing agreement as the developers, and stated that they had executed same for the purposes and consideration therein mentioned and set forth. Witness my hand and seal this �1 day of 7{1c,�;l c�t4 , ..,..1044975. ,, , ... .F%�, " lad/ ei e / 7„i.n7 2 `'jTA `.IO ? ` No 0-y Public ;ii: 'idyOommission Expires: v^tbuilLAca7-7: 10/.77 898 184 • CONTRACT This contract executed on this /9M day of &c,v„a../ 1975, by and between Loris Stanton and J. 0. Witt, Jr., herein- after called the Subdividers, and the City of Fayetteville, Ar- kansas, a municipal corporation, hereinafter called the City. In consideration of the mutual covenants contained herein, it is hereby agreed by and between the Subdividers and the City as follows, to -wit: 1. The City agrees to accept and approve the final plat of the following described property prior to and in advance of the installation of improvements required by Article. 3, Section A of Appendix C to the Fayetteville Code of Ordinances. Part of the NE -1/4 of the SW -1/4, and part of the W-1/2 of the NW -1/4 of the SE -1/4 of Section 36, Township 17 North, Range. 30 West, City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Beginning at a point which lies S 0°42' W 346.2 feet from the NE corner of said W-1/2 of the NW -1/4 of the SE -1/4, and running thence S 0° 42' W 259.07 feet; thence S 89° 24' W 188.14 feet; thence South 13.86 feet; thence N 89° 07' W 829.38 feet; thence N 29° 24' E 284.65 feet; thence Easterly along a curve to the right, the tan- gent of which bears N 29° 24' E and the radius of which is 318.38 feet, a distance of 463.06 feet; thence S 67° 16' E 199.10 feet; thence Easterly along a curve to the left, the tangent of which is bears S 67° 16' E and the radius of which is 625.07 feet, a distance of. 3.01.95 feet to the poin't of beginning. 2. The Subdividers agree to install all improvements required by Article 3, Section A of Appendix C to the Fayetteville Code of Ordinances within /15 months from the date of this contract. 3. (a) The Subdividers hereby grant to the City a lien on the above described property to secure the installation of the aforesaid improvements. The Subdividers further agree that in the event they fail to install the aforesaid improvements within the period specified in Section 2hereof, the City may, at its sole discretion, install said improvements and take possession of and sell all of the above described property, or any part thereof, in any manner provided by law, and may credit the net proceeds from said sale toward the costs incurred by the City in providing said improvements, plus interest at the rate of ten (10) per cent per annum, without prejudice to further claims which may arise thereafter under the terms of this contract. (b) The City hereby agrees that it will release its. lien on any individual lot in the subdivision described in Section 1 hereof upon payment of that lot's proportionate share of the City's costs in providing the aforesaid improvements plus interest at the rate of ten (10) percent per annum; the proportionate share for each lot is hereby agreed to be the percentage of the aforesaid costs plus interest which the ad valorem assessment (less building improvements) of said lot or lots bears to the total ad valorem assessments (less building improvements) of all lots in the subdivisions. 4. No structure shall be occupied and no utilities shall be connected for occupancy until all required improvements have been completed and approved by the City Engineer and all lots have been released from the lien granted herein; provided, the City may, at its sole discretion, release one or more lots prior to completion of all required improvements if the City determines that all improvements it deems necessary for the use and occupancy of said lot or lots have been satisfactorily completed, and the lot owner has either installed or deposited cash or a performance bond guaranteeing installation of all required sidewalks. Witness our hands and seals this f/Y/-- day of (_(,i.{ (;vt/cci/ u 1975. r t oris Stanton 0. Witt, Jr. 4 L CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation BY MAYOR ATTEST: & t) 0 7-C.( , CITY CLERK ACKNOWLEDGMENT STATE OF ARKANSAS )SS COUNTY OF WASHINGTON On this /q day of � ,./ , 1975, appeared before the undersigned, a Notary Public, duly qulified, commissioned and acting, within and for the County and State aforesaid, Loris Stanton and J. O. Witt, Jr., to me well known to be the persons executing the foregoing Contract, and they stated that they had so signed same for the considerations and purposes therein men- tioned and set forth. itness my hand as such Notary Public this /i &day of 1975. ommission Expires: vCij Notary Public ACKNOWLEDGMENT COUNTY OF WASHINGTIN ) )SS STATE OF ARKANSAS On this day, appeared before me, the undersigned Notary Publicy, duly qualified, commissioned and acting, within and for the aforesaid County and State, City of Fayetteville, Arkansas, a municipal corporation, by Marion Orton, Mayor, and Darlene Westbrook, City Clerk, who stated that they had executed the foregoing Contract for the purposes and considerations therein mentioned and set forth. • • L Witness my hand as such Notary Public this day of August,. 1975. My Commission Expires: