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HomeMy WebLinkAbout65-75 RESOLUTIONRESOLUTION NO. % r 7S A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACTS FOR THE SALE OF SURPLUS CITY PROPERTY LOCATED AT 115 OKLAHOMA WAY AND 332 FLETCHER AVENUE. 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 Phyllis R. Gilbert for the sale of surplus City property at 115 Oklahoma Way at a purchase price of $9,700.00. A copy of said contract, marked Exhibit "A", is attached hereto and made a part hereof. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized and directed to execute a contract with Gayle Segers for the sale of surplus City property located at 332 Fletcher Avenue at a purchase price of $6,500.00. A copy of said contract, marked Exhibit "B", is attached hereto and made a part hereof. PASSED AND APPROVED THIS 19th DAY OF AUGUST, 1975. . ~f%' ATTEST : 's .ii i -- ?_ 4.cX.l a lt ({li2ain_a n rU .,:CITY CLERK J• -_ •••• APPROVED: G aie-O>r) MAYOR CONTRACT THIS AGREEMENT made at Fayetteville, Arkansas, on the 074:21 day of , 19 .g5, by the City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as "Seller", and Phyllis R. Gilbert, hereinafter referred to as "Purchaser". In consideration of the covenants each to the other, as herein set forth, the parties agree as follows: 1. Seller shall sell and convey and Purchaser shall purchase, on the terms and conditions hereinafter set forth, the real property, together with improvements thereon, consisting of a dwelling house, and all appurtenances thereto, situated in the City of Fayetteville, Arkansas, at 115 Oklahoma Way, more particularly described as follows: Part of the Southwest Quarter (SW -1/4) of the Northeast Quarter (NE -1/4) of Section Fifteen (15) in Township Sixteen (16) North of Range Thirty (30) West of the 5th P. M. in Washington County,*Arkansas, more particularly described as follows, to -wit: Beginning at a point 396.77 feet North of the Southwest Corner of said 40 acre tract, thence South 890 26' East 95 feet; thence South 126 feet;thence West 70 feet; thence North 110 08' 29" West 129.38 feet to the point of beginning, containing 10,395 square feet, more or less. 2. The full purchase price for the property is $9,700.00 which shall be paid in cash or by certified check on the date of closing. 3. On payment of the purchase price as herein provided, or assurance of its paymentsatisfactory to Seller, Seller shall execute and deliver a deed describing the property and conveying the same to Purchaser orhis nominee. 4. Seller shall furnish for Purchaser's examination a com- plete abstract of title showing condition of the title of the property as of the date of issuance of the abstract. The abstract shall remain the property of Seller pending completion of this transaction. S. Title to the property shall be good and marketable, free and clear of all encumbrances, all liens, restrictions, easements, defects and burdens, except existing easements and except unpaid taxes not delinquent. -2- 6. If any title restrictions, defects or burdens appear on the abstract, to which Purchaser objects, such objections shall be stated in writing to Seller prior to the date of closing and Seller shall be allowed a reasonable time, but not to exceed thirty (30) days, in which to correct the same If Seller is unable or unwilling to do so, Purchaser at his option may ter - urinate this contract and=recover his deposit and costs, or pursue any other remedy available to Purchaser in law or equity. 7. Time is expressly declared to be of the essence of this contract. The contract shall be executed and completed, and sale closed, on or before ten (10) days from the date set by Seller for the receiving and opening of competitive bids for the purchase of the property herein described. Each party shall fully perform all his obligations hereunder at such times as to insure closing within the period herein specified, or any extension thereof. 8. Possession of the property shall be delivered within 5 days after closing. Purchaser has inspected the property, including improvements thereon, and accepts the same in their present condition. Seller shall maintain the improvements, including the plumbing, heating and electrical systems therein, in good working order, to the time of transfer of possession, but all obligations of Seller with respect to maintenance shall terminate at the date of transfer. 9. Risk of loss or damage to the property by fire, storm, burglary, vandalism, or other casualty, between the date of this agreement, and closing, shall be and is assumed by Seller. If -the improvements or personal property, or both, are damaged or destroyed, in whole or in part, by casualty prior to closing, Purchaser may cancel the contract. 10. The following items shall be pro -rated to the date of closing: taxes and assessments. • -3- 11. No right or interest of Purchaser hereunder shall be assigned without the prior written consent of Seller, which consent shall not be unreasonably withheld. 12. No modification of this contract shall be valid or binding unless such modification is in writing, duly dated and signed by both parties. 13. This instrument constitutes the entire agreement between the parties. Neither party shall be bound by any terms, conditions, statements, or representations, oral or written, not herein contained. Each party hereby acknowledges that in executing this contract, he has not been induced, persuaded, or motivated by any promise or representation made by the other party, unless expressly set forth herein. All previous negotiations, statements, and preliminary instruments by the parties or their representatives are merged in this instrument. 14. This instrument shall not be effective as a contract until duly signed by both parties. The execution and effective date of the contract is the date first hereinabove set forth. The date of signature by each party is the date set forth unless otherwise indicated after his signature. IN WITNESS WHEREOF, the parties have executed this instrument on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation (SELLER) MAYOR PURCHI{SE • • CONTRACT THIS AGREEMENT made at Fayetteville, Arkansas, on the .2h60( day of (2j14/11,4,„ ,41996-7 by the City of Fayetteville,. Arkansas, a municipal corporation, hereinafter referred to as "Seller", and Gayle Segers' hereinafter referred to as "Purchaser". In consideration of the covenants each to the other, as herein set forth, the parties agree as follows: 1. Seller shall sell and convey and Purchaser shall purchase, on the terms and conditions hereinafter set forth, the real property, together with improvements thereon, consisting of a dwelling house, and all appurtenances thereto, situated in the City of Fayetteville, 332 Arkansas, at Fletcher Street, more particularly described as follows: Fifty (50) feet of equal and uniform width off the North side of Lot Number One .(1), in Block Number Five (5), in Harrison's Addition to the Town (now City) of Fayetteville, Arkansas, as the same is known and designated upon the plat of said City now on record in the Office of the Recorder of said County. 2. The full purchase price for the property is $6,500.00 which shall be paid in cash or by certified check on the date of closing. 3. On payment of the purchase price as herein provided, or assurance of its payment satisfactory to Seller, Seller shall execute and deliver a deed describing the property and conveying the same to Purchaser or his nominee. 4. Seller shall furnish for Purchaser's examination a com- plete abstract of title showingcondition of the title of the property as of the date of issuance of the abstract. The abstract shall remain the property of Seller pending completion of this transaction. 5. Title to the property shall be good and marketable, free and clear of all encumbrances, all liens, restrictions, easements, defects and burdens, except existing easements and except unpaid taxes not delinquent. • • -2- 6. If any title restrictions, defects or burdens appear on the abstract, to which Purchaser objects, such objections shall be stated in writing to Seller prior to the date of closing and Seller shall be allowed a reasonable time, but not to exceed thirty (30) days, in which to correct the same. If Seller is unable or unwilling to do so, Purchaser at his option may ter- minate this contract and recover his deposit and costs, or pursue any other remedy available to Purchaser in law or equity. 7. Time is expressly declared to be of the essence of this contract. The contract shall be executed and completed, and sale closed, on or before ten .(10) days from the date set by Seller for the receiving and opening of competitive bids for the purchase of the property herein described. Each party shall fully perform all his obligations hereunder at such times as to insure closing within the period herein specified, or any extension thereof. 8. Possession of the property shall be delivered within 5 days after closing. Purchaser has inspected the property, including improvements thereon, and accepts the same in their present condition. Seller shall maintain the improvements,, including the plumbing, heating and electrical systems therein, in good working order, to the time of transfer of possession, but all obligations of Seller with respect to maintenance shall terminate at the date of .transfer. 9. Risk of loss or damage to the property by fire, storm, burglary, vandalism, or other casualty, between the date of this agreement, and closing, shall be and is assumed by Seller. If the improvements or personal property, or both, are damaged. or destroyed, in whole or in part, by casualty prior to closing, Purchaser may cancel the contract. 10. The following items shall be pro -rated to the date of closing: taxes and assessments. 11. No right or interest of Purchaser hereunder shall be assigned without the prior written consent of Seller, which consent shall not be unreasonably withheld. -3- 12. No modification of this contract shall be valid or binding unless such modification is in writing, duly dated and signed by both parties. 13. This instrument constitutes the entire agreement between the parties. Neither party shall be bound by any terms, conditions, statements, or representations, oral or written, not herein contained. Each'party hereby acknowledges that in executing this contract, he has not been induced, persuaded, or motivated by any promise or representation made by the other party, unless expressly set forth herein. All previous negotiations, statements, and preliminary instruments by the parties or their representatives are merged in this instrument. 14. This instrument shall not be effective as a contract until duly signed by both parties. The execution and effective date of the contract is the date first hereinabove set forth. The date of signature by each party is the date set forth unless otherwise indicated after his signature. IN WITNESS WHEREOF, the parties have executed this instrument on the day and year first above written. ATTEST CITY OF FAYETTEVILLE, ARKANSAS, A Municipal Corporation (SELLER) CITY CLERK MAYOR PURCHASER