HomeMy WebLinkAbout30-76 RESOLUTIONRESOLUTION NO. 30-76
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH THE DEVELOPER OF BISHOP ADDITION,
PHASE II, TO GUARANTEE INSTALLATION OF REQUIRED IMPROVEMENTS
THEREIN.
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 developer
of Bishop Addition, Phase II, to guarantee installation of re-
quired improvements therein. A copy of said contract, marked
Exhibit "A", is attached hereto and made a part hereof.
PASSED AND APPROVED THIS
ATTEST:
CITY CLERK
, 1976.
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MAYOR
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ct,i i T •eLi U` �RARK
CIRCUIT CLERK •
This contract executed on this 20 th day of July
1976, by and between CHARM HOMES, INC., hereinafter called the
Subdivider, and the City of Fayetteville, Arkansas, a municipal
corporation, hereinafter called the City.
In consideration of the mutual covenants contained herein,
it is hereby agreed by and between the Subdivider and the City
as follows, to -wit:
I. '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:
Bishop Addition, Unit 2, more particularly described as:
A Part of the West One-half of the Northwest Quarter of
Section 3S, T -17-N, R -30-W, Washington County, Arkansas;
more particularly described as follows:
From the Southeast corner of said W1, NWI, Section 35,
run North 89 degrees 38 minutes 00 seconds West 327.21
feet to the point of beginning; thence North 1374.79 feet;
thence North 89 degrees 38 minutes 00 seconds West 608.01
feet; thence South 1374.78 feet; thence South 89 degrees
38 minutes 00 seconds East 608.00 feet to the point of
beginning, containing 19.2 acres, more or less.
2. The Subdivider agrees to install all improvements
required by Article 3, Section A of Apprndix C to the Fayetteville
Code of Ordinances within, id months from the date of this
contract.
3. (a) The Subdivider hereby grants to the City a lien
on the above described property to secure the installation
of the aforesaid improvements. The Subdivider further agrees
that in the event he fails to install the aforesaid improvements
within the period specified in Section 2 hereof, 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
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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) per cent 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, in 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.
5. No building permits shall be issued until all new
streets are staked out and the street grade cut or filled to
sub -grade elevation for curb, gutter, and pavement according
to a street profile approved by the City Engineer. In the event
the subdivider fails to complete installation of all required
improvements within the time provided in Section 2 hereof and
the City does not elect to exercise its rights under Section 3
hereof, all required improvements must be constructed in accordance
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with City standards existing at the time installation of said
improvements is resumed or begun.
Witness our hands and seals this day of
1976.
ATTEST:
1a1:1�•, 'Q�.µ'n; - . _
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CITY CLERK
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CITY OF FAYETTEVILLE,
A Municipal Corporation
BY2Ak4f/K._ / `
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MAYO 6�'�^."
CHARM HOMES, INC.
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SECRETARY -TREASURER
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STATE OF ARKANSAS )
COUNTY OF WASHIN3TON )
BE IT MEMBERED, that on this 20 th day of July , 1970,
before the undersigned, a Notary Public, duly commissioned, qualified and
acting within and for the County aforesaid, appeared in person Wade Blshoo
and Peaay Bishop , to me personally well krcwn,
ACKNOWLEDOME"IT
SS
001
who stated that they were the President and Secretary of
CHARM EO.CcS,Inc.
a corporation, and were by proper resolution of its Beard
of Directors duly authorized in their respective capacities to execute the
foregoing contract for and in the name and behalf of aaid corporation,
and further stated and acknowledged that they had executed said instrument
for the consideration, uses and purposes therein mentioned and set forth.
In Testimony whereof, I have hereunto set my hand and official seal
this 20th day of July , 1976
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A C K N 0 t; L 0 D G M I: N T
STATE OF ARKANSAS ) ss
cou:Nr1• of WASHINGTON )
BE IT REMMCERED, that on this ?Q day of Judd Al , 194,
before the undersigned, a Notary Public, duly comnissioned, qualified and
acting, within and for the County aforesaid, appeared in person rv, iefOrh R. 04o r✓
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and , to me personally well known who stated they were the Mayor
and City Clerk of Fayetteville, Arkansas, a Municipal Corporation, and were
duly authorized in their respective capacities to execute the foregoing contract
for and in the name and behalf of the City of Fayetteville, Arkansas and further
stated and acknowledged they had executed said instrument for the consideration,
uses and purposes therein mentioned and set
In Testimony whereof I have hereunto set
20 day of i
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My Commission Expires:
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CERTIFICATE (J
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Washington Courty. do n_.r . a.
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Witness my hand end seal this_ laX :1 1.�w�f' _ N 7.T
A 1A KOLL'.:EY ei
C,rtm1 Clerk and
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BY yv-..n
neouty Clerk
forth.
my hand and official seal this
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Notary Public_ ...
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