HomeMy WebLinkAbout57-76 RESOLUTIONRESOLUTION NO. .3-7-76
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH THE DEVELOPER OF JERRY D. SWEETSER
ADDITION TO GUARANTEE INSTALLATION OF REQUIRED IMPROVEMENTS.
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 Jerry D. Sweetser Addition to guarantee installation of re-
quired improvements. A copy of said contract, marked Exhibit
"A", is attached hereto and made a part hereof.
PASSED AND APPROVED THIS /49 DAY OF CALF., , 1976.
ATTEST:
Okit4411) (mactcc1T
CITY CLERK
APPROVED:
! / lQ2U}YIJ
(J t)
MAYOR
CONTRACT
This contract executed on this 18th day of October
19 76 , by and between Jerry D. & Sharon J. Sweetser 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:
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.
Jerry D. Sweetser Subdivision more particularly described as follows:
Part of the E} of the fractional NW4 of Section 2, T -16-N, R-30-11,
of the Fifth Principle Meridian, Washington County, Fayetteville,
Arkansas as follows: Beginning at a point 1039.51 feet East and
0.52 feet North of the NW corner of said E} of the fractional ?W ,
thence N 89° 55' E, 288.69 feet; thence 5 0° 07' 52" W, 641.37 feet;
thence N 89° 49' til, 643.56 feet; thence North 237.67 feet, thence
East 356.33 feet; thence North 401.22 feet to the point of beginning,
containing 6.17 acres, more or less.
2. The Subdivider agrees to install all improvements required by
Article 3, Section A of Appendix C to the Fayetteville Code of Ordinances
within 12 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 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 agree to be the percentage of the
aforesaid costs plus interest which the ad valorem assessment (less biilding
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 utilites shall be corrected
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 fo. 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 exer—
cise its rights under Section 3 hereof, all required improvements must be constructed
in accordance with City standards existing at the tine installation of said
improvements is resumed or begun. w�µ�,,t� �
Witness our hands and seals this 01ri✓Aiay of (Mit J 19 76
City of Fayetteville
A Municipal Corporation
By: Y7e2- iGB2 //c. , ( /
MAYOR
ATTEST.
('ah.e�c�t» Ylita 42.x,1
C TY CLERK
JERRY D. S EETZE2
-.RON J. S;r 2t,L?'
•
ACKNOWLODGMENT
STATE OF ARKANSAS ) ss
COUNTY OF YASHINGTCN )
BE IT REMEMBERED, that on tais 2455 day of Or obr 1 , 19%4
before the undersigned, a Notary Public, duly commissioned, qualified//yy""and l
acting, within and for the County aforesaid, appeared in personAnon 6C. Or/o #.
teute ItWaaM
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 forth.
In Testimony whereof I have hereunto set my hand and official seal this
oy0 day of (/C--iGr 1926
•
}1y Commission Expires:
�f-/-6y
Notary Public
STATE CF AP1.A::SAS )
COC:T: ^_F i:ASHI::GTCI! ) 65
3. Ii REMZIzE•PF.D, that on this / g day of OC , 197(1,
care before the undersigned, a vota7 Public within and for the County
aforesaid, duly commissioned and acting,
I, Stdkeit001 `tib 4 a 2mir/1.
that are known as the parties of the foregoing Cont -act, and stated that (J
"CKa.c?-- had executed the save for the consideration and purposes therein
mentioned and set forth.
Witness ry hand and seal as such Notary Public this
OC I A 1 , 1974:
day of
My Cornission Expires:
/3th'f /980
/%.. Cllr
Notary Public