HomeMy WebLinkAbout44-79 RESOLUTION•
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RESOLUTION NO. 941-79
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH BRYAN WALKER FOR THE PURPOSE OF
ACQUIRING A DEED TO THE WALKER PARK PROPERTY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized and
directed to execute an agreement with Bryan Walker for the purpose
of obtaining a deed to the Walker Park property. A copy of
the agreement authorized for execution hereby is attached hereto
and made a part hereof.
PASSED AND APPROVED this a?9•ZI--day of 1979.
ATTEST:
ar„,,,Ly idge-OCk.
CITY/ LERK
APPROVED:
0.-AnNto-Pcsitz-
MICROFILMED.
DATE AUG 7 1979
REEL
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AGREEMENT
This Agreement executed this „21-P--• day of , 1979,
between the City of Fayetteville, Arkansas, a municipaV corporation,
hereinafter called the "City", and Bryan Walker, hereinafter called
the "Owner".
WHEREAS, the City has heretofore executed an Escrow Agreement
dated April 21, 1960, with Fannie Walker for the purchase of the
property on which Walker Park is presently located; and
WHEREAS, the terms of said Escrow Agreement have not been
completely fulfilled; and
WHEREAS, the Owner now possesses all of the interest of Fannie
Walker in said Escrow Agreement a copy of which is attached hereto
marked "Exhibit A" and made a part hereof; and
WHEREAS, the City and the Owner desire to modify said Escrow
Agreement in certain respects.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the City and the Owner agree as follows:
1. That the conditions imposed upon the City by this Agreement
shall supercede the conditions imposed upon the City by the Escrow
Agreement attached hereto marked "Exhibit A" and made a part hereof.
2. The City agrees to immediately open up, and provide a
gravel base for, South Block Avenue between 7th street and 13th
street.
3. That as soon as the City begins work on the aforesaid portion
of South Block Avenue, the Owner shall authorize and direct McIlroy
Bank and Trust to release to the City the deed referred to in the
Escrow Agreement attached hereto marked "Exhibit A" and made a part
hereof.
4. That during the 1979 construction season the City shall
pave to current City standards 13th street from South College Avenue
to South Block Avenue, and shall pave a parking area along the North
side of Walker Park, West of South Block Avenue.
5. Within 2 years from the execution date hereof the City
shall pave Block Avenue to current City standards from 7th street to
13th street.
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6. Within 2 years from the execution date hereof the City shall
erect a memorial tablet or sign on the Walker Park property, which
tablet or sign shall indicate how the Walker Park property came to
be dedicated to the public. The wording on said tablet or sign shall
be approved by the Owner.
IN WITNESS WHEREOF, the parties have executed this Agreement on
the date first above written.
ATTEST:
(AV .6%- Le 711-edkrie----
CIT 1LERK
CITY OF FAYETTEVILLE, ARKANSAS
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--BRYAN/WALKER
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AGREENIEMI
EXHIBIT A
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THIS AGREEMENT made and entered into on this day orApril, 1960, in the
City of Fayetteville. ArIcansas, by and between Fannie Walker, hereinafter called First
Party, and the City of Fayetteville. ArIcarums, a municipal corporation, hereinafter called
Second Party, WITNESSETH:
• WHEREAS, First Party le the owner of certain real estate situated in Washington
County, Arkansas, more particularly described as follows, to -wit:
A parcel of land lying in the SE 1/4 of the NE 1/4 of Section 21, Township 16
North, Range 30 West, Washington County, Arkansas, being more particularly
described as follows: Begituting at the southwest corner of the e. 1/2 of the
NE 1/4 of Section 21; thence north along the west line of the E 1/2 of said NE 1/4;
650 feet; thence East along the South right of way of 19th Street 1320 feet to the
east line of Section 21; thence south along the section line 650 feet to the south-
east corner of said NE 1/4; thence west 1920 feet to the point of beginning and
containing 10.70 acres, more or less;
and
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WHEREAS, First Party desires to make a gift of said above described real estate
to Second Party In memory of Henry Walker, the deceased husband of First Party; ard
WHEREAS, -Second Party desires to accept said gift and to assume certain obligatio:
in connection therewith, together with certain obligations set forth in one certain real estat.
sales contract dated October 26, 1949, and entered into by and between First Party and
Fayetteville Bay's Club, Inc.
NOW, THEREFORE,FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS
AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO HEREBY AGREE AS
VOLLO
1, That the parties hereto hereby nominate, constitute and appoint the McIlroy Baal
!Fayetteville, Arkansas, as Escrow Agent under this agreement.
2. That First Party agrees to deposit with Escrow Agent upon tha signing and
delivery of this agreement to Escrow Agent a warranty deed thereby conveying said above
described real estate to Second Party free and clear of any and all liens and/or encum-
brances, together with an abstract of title certified to date and reflecting marketable title
to said above described real estate vested in First Party, at which time Second Party shall
lave right and access to said abstract of title for the purpose of having same examined and
I. title opinion rendered thereon by an attorney of Second Party's choice.
3. That Second Party agrees to furnish to First ?arty within ten (10) days from the
receipt of said abstract of title from Escrow Agent a list of all title curative work, U any,
a3 may be required by said examining attorney's opinion of title, after which time First
arty shall have a reasonable time in Mich to remedy all defects in her title. In the event,
in the opinion of said examining attorney, the title of First Party to said above described
rcal estate is not marketable, and cannot be made marketable. by First Party within a
reasonable Urns, then and in such event, this transaction hall be deemed null and void,
and the Escrow Agent shall return the respective instrumenta held on deposit to the re-
Boost:vs parties entitled thereto and this agreement shall be deemed cancelled.
4. That Second Party agrees to use and maintain said above described real estate
exclusively for park purposes, and said park shall be known as the Henry Walker Park.
5. That Second Party agrees within a period of ten (10) years from the date of this
agreement to plant, construct and/or erect upon said above described real estate all of the
following: (1) A minimum of six barbecue pita; (2) A minimum of twelve park tablas and
benches; (3) Playground equipment; (4) Shrubbery for the beautification of the park; (5) A
minimumof two baseball diamonds; and (6) A woven wire type fence enclosing said above
described real estate and recessed to allow /angular off atroet parking a vehicles, together
with a locked gate for ingress and egress of maintenance •quipment owned by Second Party
to and from said enclosed premises.
Dm '762
FACE261
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• 8. That Second Party agreea to assume and to perform all of the duties and
obligations required to be performed by the Fayetteville Boy's Club. pursuant to tho
terms and provisions of one certain contract entered into by and between Fannie Walker
and Fayetteville Boy's Club, Inc., a copy a which contract is attached hereto marked
Exhibit A and made a part hereof.
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7. That during the ten (10) years following the date of this agree:nem. and at lz.•ast
ninety (90) days prior to the expiration of said ter. (10) year porlod, First Party shall appo
an arbitrator, Second Party shall appoint an arbitrator, and the two arbitrators thus chose
shall appoint a third arbitrator, and the three arbitrators so chosen shall inspect said abo-
described real estate and render a written report signed by said arbitrators, to the partie.
hereto and the Escrow Agent, prior to the expiration of said ten (10) year term, advising t
parties NerraW and the Escrow Agent as to whether or not the terms and conditions of party
graph 5/a.ove have been fully compiled with by Second Party.
8. That at such time as Escrow Agent shall have received from said arbitrators tit
report hereinabove referred to fiudg.ng that Second Party has fully complied. with the terms
and provisions of paragraph 518fiten and in such event, Escrow Agent shall be authorized a:
'greeted to deliver to Second Party said above described.varranty deed and abstract of titi.
and this transaction shall be deemed consummated.
9. That taxes for the year 1950 and prior years shall be paid by First Party, and t
taxes for the year 1900 shall be pro -rated upon the date of delivery of this agreement to
Escrow Agent. That Second Party shall pay all taxes, if any, becoming due after the signt
and delivery of this contract to Escrow Agent.
10.That the stipulations aforesaid are to bind the parties hereto, their respective hairs
executors, aderdnistrators, successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have set their hands on the date first
above written. ,
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ATTEST:
tucue-,1
FANNIE WALKER, FIRST PARTY
CITY OF FAYETTF.VILLE, ARKANSAS,
A MITNICIP,4c0,50RPORATION(SECOND PART
BY It PIP \
MAYOR
ACCEPTANCE BY ESCROW ACIENT
Mcliroy Bank, FayettevRe. Arkansas. hereby accepts apaointmeat 33 Escrow Agen
under the terms and provisions of this contract, and actmowledges receipt of the original c
of this contract and acknowledged receipt of the warranty deed endmisrtratt-t-f-ttere.
Dated this 2.9 day af April, 1960.
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MeLLROY atanc
By ACIL9i c".-4.7.4" 7/-;"--7
DEED 762 eAcE262
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93 a. Agreement
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ACKNOWLEDGMENT
STATE OF ARKANSAS
)aa
COUNTY OF WASHINGTON)
/32 1.11 REMEMBERED, That on this day came before the undersigned, a Notary Put
within and for the County and State aforesaid, duly commissioned and acting. Fannie Vialkt
to me well known as the person who executed the foregoing Agreement, and stated that she
bad executed the same for the consideration and purpose h rein mentio and set forth.
WITNESS my hand and seal as such Notary Pub 4 t /3 2Ist day 4 April 1960.
My commission expires:
STATE OF ARKANSAS )
) 0
COUNTY OF WASHINGTON)
ACKNOWLEDGMENT
NOTARY PHIlLiC
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On this 21st day of April, 1060, before undersigned, a Notary Public, duly com-
missioned, qualified and acting, within and for the said County and State, appearce. in -
I person the within named Guy E. Brown and George J. Davis, to me personally imov.-n.
who stated that they were the 1.1ayor and City Clerk of tha City of 7ayettavillo. Arkansas,
a municipal.corporation, and were duly authorized in their respective capacities to execute
the foregoing Agreement for and in the name and behalf of said municipal corporation. and
further stated and acknowledged that they had so signed. exacuted and delivered said in-
strument for the consideration, uses and purposes therein mentioned and set forth.
IN TESTIMONY WHEREOF. 1 have hereunto SC4 hand and on' ial seal this 21st
day of April, 1960.
sat
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My commission expires. 47'91IY
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DH3 762 PAGE 263
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NOTARY t PUBLIC /