HomeMy WebLinkAbout106-83 RESOLUTION•
RESOLUTION NO. 106-83
A RESOLUTION EXERCISING AN OPTION TO PURCHASE A
150' BY 67.5' PARCEL ON THE NORTH SIDE OF MEADOW
STREET WEST OF WASHINGTON AVENUE.
I
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
That the Board of Directors hereby exercises them option
attached hereto,amarked Exhibit "A" and made apart hereof.
1983.
PASSED AND APPROVED this 6th day of September
u 40,,,,1,0_5,-.74-)fjet s
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APPROVED:
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7
FAYETTEVILLE,
OFFICE OF CITY
POSTAL DRAWER F 72701
September 9, 1983
Mr. Don Grimes
City Manager
Postal Drawer F
Fayetteville, AR 72701
Re: Abstract of Title No. 84360
Dear Mr. Grimes:
ARKANSAS
ATTORNEY
(501) 521-7700
At your request, I have examined Abstract of Title No.
84360, consisting of Sheets numbered 1 through 52 inclusive,
last certified by Bronson Abstract Company, Inc. on the 26th
day of May, 1983, at 9:00 a.m., insofar as it pertains to
land located in. Washington County, Arkansas, described as
follows:
Part of the Southwest Quarter (SW1/4) of the Northwest
Quarter (NW1/4) of Section Fifteen (15), Township
Sixteen (16) North, Range Thirty (30) West; being more
particularly described as follows, to -wit: Beginning
at a point which is 407 1/2 feet East and 224.07 feet
North of the Southwest corner of said 40 acre tract,
and running, thence North 150 .feet, thence West 67 1/2
feet, thence South 150 feet, thence East 67 1/2 feet
to the point of beginning, also being known as a part
of Lot 20 of the County Court Plat of the NW 1/4 of
said Section,. Township, and Range in the City of Fayetteville,
Arkansas.
It is my opinion, based upon my examination of the
above numbered Abstract of Title, that as of the date and
time said abstract was last certified, marketable title was
vested in the Estate of Harry Smith, subject only to the
liens and encumbrances on, objections to or requirements of
title as follows:
1. You should satisfy yourself as tc the following
matters which are not disclosed from my examination of the
Abstract:
Mr. Don Grimes
September 9;1983'
Page Two
(a) The location of the boundary lines of the property
in order that you may know whether any improvements
which you have inspected are actually situated thereon
and whether such improvements overlap any property
claimed by anyone else;
(b) That there is no person, firm, or corporation
occupying said property claiming the ownership or the
right of possession of use adversely to the record
owners;
(c) If there has been any construction, excavation, or
repair work done on the property within the past 120
days, that all materialmen and laborers have been paid.
in full and that the property is not subject to unrecorded
materialmen's or laboers' liens;
(d) Whether the requirements of all applicable zoning
regulations, subdivision regulations, and building code
provisions have been met.
(e) That no conveyance or other title change of record
has occurred since the day and hour of the abstractor's
certificate mentioned above; and
(f) That no financing statements have been filed with
the Circuit Clerk of the county in which the property
is located under the Uniform Commercial Code, covering
fixtures attached or to be attached to said property.
2. There are several minor errors and irregularities
in the early chain of title which, in my opinion,. may be
safely waived due to the long passage of time. 1'4
(a) Sheet number 40 reflects a mortgage dated July
1974 from Harvey Smith,'Nsurvivor,-of Lucille Smith to
Mcllroy Bank, Fayetteville, Arkansas;T recorded in, Book `t.
876 at Page 101 securing the sum of $700t00 due and'
payable $42.00 monthly"" Sheet numbered 41 reflects a
mortgage release executed by Mcllroy Bank.on.December 19,.
1975 releasing several mortgages including a mortgage°
in Book 876 at Page 801.
REQUIREMENT: If the page number of the mortgage from
Harry Smith to Mcllroy Bank reflected on page 40 of the
abstract is erroneous, the abstract should be returned
to the abstracter and corrected; if the page number is
not erroneous, a correct mortgage release should be
attained from Mcllroy Bank and filed of record.
•
.1
Mr. Don Grimes
September 9, 1983`
Page Three
(b) Sheet numbered 51 reflects that the general taxes
for 1982 are due and payable.
REQUIREMENT: The taxes should be paid and a receipt
evidencing payment obtained.
JNM/ts
Respectfully submitted,
CITY ATTORNEY
cc: Mr. A. D. McAllister, Jr.
Mr. George Faucette, Jr.
afino nflfroui
es N. McCord
4
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OPTION
For and in consideration of the sum of Two Hundred and
no/100 Dollars ($200.00), in hand paid by the City of Fayetteville,
Arkansas, a municipal. corporation, the receipt of which is hereby
acknowledged, the undersigned, A. D. McAllister, Executor of the
Estate of Harry Smith, Deceased, hereby gives and grants to the
City of Fayetteville, Arkansas, the exclusive option for thirty
(30) days to purchase the following described property in the
City of Fayetteville, County of Washington, State of Arkansas,
to -wit:
Beginning at a point which is four hundred sevenand one-half
(407-1/2) feet East of a point which is two hundred twenty-four
and 7/100 (224.07) feet North of the southwest corner of the
Northwest Quarter of Section Fifteen (15), Township Sixteen.(16)
North, Range Thirty (30) West, of the Fifth Principal Meridian,
for a beginning point, thence North one hundred fifty (150) feet,
thence West sixty-seven and one-half (67-1./2) feet, thence South
one hundred fifty (150) feet, thence East sixty-seven and one-
half (67-1/2) feet to the place of beginning, said lot also being
known and designated as part of Lot Twenty (20) of the County
Court Plat of the Northwest Quarter of said Section, Township and.
Range, in the City of Fayetteville, Arkansas,
for the total purchase price of Ten Thousand and No/100 Dollars
($10,000.00), on the following terms•
This option shall be exercised by tendering to the undersigned
at 20 East Center Street, Fayetteville, Arkansas, on or before
thirty (30) daysfrom date, cash, cashier's check, or certified
check, in the amount of Nine Thousand Eight Hundred and No/100 Dollars
($9,800.00) .(agreed total purchase price less the consideration
paid simultaneously herewith for this option) whereupon the
undersigned, A. D. McAllister, Jr., Executor of the Estate of
Harry Smith, Deceased, agrees to deliver to the City of Fayetteville,
Arkansas, a municipal corporation, its successors and assigns, an
Executor's Deed conveying title to the above described real
estate to the City of Fayetteville, Arkansas, a municipal corporation,
its successors and assigns, free of all liens and encumbrances
whatsoever.
Within five (5) days from the date of the exercise of this
option, the undersigned will deliver to the City of Fayetteville,
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n” -7nn
Page 2 - Option
During the term hereof, the City of Fayetteville, Arkansas,
shall have and is granted free and unfettered access to enter
upon all parts of the optioned property at all times for the
purposes of surveying, measuring,
analyzing all parts of the same,
thereof.
This
inspecting, exploring and
above, upon and below the surface
option shall bind and inure
parties hereto, their heirs, personal
and assigns.
Dated this
ATTEST:
1
to the benefit of the
representatives, successors
day of . t7 e.,.r'e
, 1983.
A. D. McALLISTER, JR., EXEC R OF
-THE ESTATE OF HARRY SMITH, I ECEASED
CITY OF FAYETTEVILLE, ARKANSAS
A MUNICIPAL CORPORATION��
BY
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
COUNTY OF WASHINGTON
SS.
BE IT REMEMBERED, that on this day came before the undersigned,
a Notary Public, within and for the County and State aforesaid,
duly commissioned and acting, A. D. McALLISTER, JR., EXECUTOR OF
THE ESTATE OF HARRY SMITH, DECEASED, to me well known as the
person who executed the foregoing Option, and stated that hehad
executed the same for the consideration and purposes therein
mentioned and set forth.
y n
WITNEF.� my han
day of fr �
and
My commission expires:
seal as suct-NStary Publicthis
1983. ( �
NOTARY PUBLIC
Page 3 - Option
STATE OF ARKANSAS.
COUNTY OF WASHINGTON
ACKNOWLEDGMENT
ss.
On this 5 q day of Rd�
, 1983, before the
undersigned, a Notary Public 1
y commissioned, qualified and
acting, within and for the said County nd ae, appeared in
pers n the wit 'n`nafied Qom! and
7'V1.C• ✓ , to me pers9nally known, who stated
That the were th 1 /4/l�.,c- and 6�2�`ff e.6.2, y , of
the CITY OF FAYETTEVI ' E, ARKANSAS, a muni€ipal corporation, and
were duly authorized in their respective capacities to execute
the foregoing instrument for and in the name and behalf of said
municipal corporation, and further stated and acknowledged that
they had so signed, executed and delivered said instrument for
the consideration, uses and purposes therein mentioned and set
forth.
IN TES MO.Ny WHEREOF, .I have hereunto set my hand and,official
seal this S ! day of (. ]_983 ; ? >i:,
t� P+UBLI'C'
My commission expires 7 - / -jy NOTARY.,,,�!.• S, h'
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KNOW ALL1 NGEi
That I, A.
c.
THESE PRESENTS:
EXECUTOR'S DEED
D. McALLISTER,
•
,M ' 1.Y'
R rir r:
1411,1277
tel
020364 20
.1
'0�203641r
Irsar
JR., the duly appointed, qualified,
and acting executor of the estate of HARRY SMITH, deceased,
pursuant to the power of sale under the terms and provisions of
the Last Will and Testament of Harry Smith,' -for and in consideration
of the sum of Ten Thousand and no/100 ($10,000.00), to me in hand
paid by the CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation,
do hereby grant, sell and quitclaim unto the said CITY OF FAYETTEVILLE,
ARKANSAS, and unto its successors and assigns forever, the following
lands lying in the County of Washngton, and State of Arkansas,
to -wit:
Beginning at a point which is four hundred and seven and one-half
(407-1/2) feet East of a point which is two hundred and twenty-
four and 7/100 (224.07) feet North of the southwest corner of the
Northwest Quarter of Section Fifteen (15), Township Sixteen (16)
North, Range Thirty.(.30) West, of the Fifth Principal Meridian,
for a beginning point, thence North one hundred and fifty (150)
feet, thence West sixty-seven and One-half (67-1/2) feet, thence
South one hundred and fifty (150) feet, thence East sixty-seven
and one-half (67-1/2) feet to the place of beginning, said lot
also being known and designated as part of Lot Twenty(20) of the
County Court Plat of the Northwest Quarter of said Section,
Township and Range, in the City of Fayetteville, Arkansas.
TO HAVE AND TO HOLD the same unto the said CITY OF FAYETTEVILLE,
ARKANSAS, a municipal corporation, and unto its successors and
assigns forever, with all appurtenances thereunto belonging.
1983.
WITNESS my hand and seal on this
day of,_ 6c•.
A. D. Mc LISTER, JR. , EXECUOF
THE ESTATE OF HARRY SMITH. ,ECEASED
cri 1091 480
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Page 2 - Executor's Deed
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this day came before the undersigned,
a Notary Public, within and for the County and State aforesaid,
duly commissioned and acting, A.. D. McALLISTER, JR., to me well
known as the Executor of the estate of Harry Smith, Deceased, and
the Grantor in the foregoing Executor's deed, -and stated that he
had executed the same for the consideration and purposes therein
mentioned and set forth.
..WITNESS my hand and seal as such Notary Public this 21st
yltof j. •.September 1983.(1
/: otA R), `•
comm s ibn expires: April 9,
U. 0 LW':
This Insfrumetir 'tos
Ptpared Dy
McAnis;er & Wade, P. A;
Attorneys at Law
fayetteville Arkansa-%
1985
NOTARY PUBLIC
CERTIFICATE OF RECORD.
STATE OF ARKANSAS) SS,
Washington County
1, Alma L. Ito:Imeyer, Circuit Clerk and Ex.Officio Recorder for,
Washington County, do hereby certify that the annexed or ore•
going i stru ent was filed for record in my Qoffice on th. !ay
of,r.___,13,pq�,p-'ri2 anI1 tin ame (HO duly rnrorInd in ;�y.I��,...—r:^orcI. / at.raey4�
Wiir.:_s;i; r hand and coal IF . day of ..-%_19Ql
dere r yi
i
Cir:uit CIA: and
cx-OffjYio Itasc reed
By1d6�1.Y popery CI -
m1091C -
. s
m1091 48 .
_• Deed is Filed at Book No. )
Page No. or Inst. No. y LJ
:'ARKANSAS
REAL PROPERTY TRANSFER TAX AFFIDAVIT..
STATE OF ARKANSAS ' '
COUNTY OF WASHINGTON;' ` ..
•
CIRCUIT CLERKS STAMP
Before the undersigned, Notary-Pnblic duly qualified'and'acting in and for said county and state, appeared thefuedtts
signed, to me well known or satisfactorily proven to be the Affiant herein, who stated under oath that:. A.
err
1. - . He/She/Their i. .. theGnntee(s) in the 5attathed Deed oetbeAgent of the Grantees) , y ,
2. That the names and addresses of ill parties tis the. attached real estate transfer transaction ire as follows; sti
`A) Grantee (h yer)Ciy (a taiini'cipaleorporatioin)
.R.. . .K Name
ayetteville.:Arkansas
Address
ja r.:` ...a -.as •s , ...: .i :" ,Ra. .v`
Grantee's Agent t d(To be completed only if this;:Affidavit is being signed by Agent rather than Grantee
If the Agent is arcorporation the person signing the Affidavit must show authority to, sign for the co
C) ,:'Grantor (Sesser)
r'tsw•.,....ey :4
Name
Address
}carry Smith Estate, =A 1)ev Mrs Ari i crnr 'T, ` F'Sfciltoi-
Name
E Center Street,': -.Fayetteville; ArkansasF72701
Address
September21; 1883.'•
The property was transferred on:
The property is located in: -
Wac l4,ton
District
5.The full value of the consideration given for the property was = `i'Pf Th ntus and 'and ' n n / 1 ()f) iln 1 1 a r'
($ 1 0 non 00 " )s (NOTE i This amount should include down payment, the amount of any•
•,
mortgage given or assumed as well as the value of any property given in trade.)
OR .,
The transfer 'of property reflected on theattached instrument is not subject to the Real Property Transfer Tax because '
NOTE: All transfen of real property for which Grantor (Seiler) receives some king of value in exchange for tee property .
are subject to the tax except those specifically exempted at Ark. Stat: Ann. 84-4302.
' Real Property Tax Stamps Affiited to Deed
Stamp Denominauons',... C -=t Stamp Serial Numbers:';�'
0203642
0203641
Stamp Values:'
5.50
5.50 ..
Total Stamp Values: 1'1' 0o
7. He/She/They understand that a false"statement on'thisAffidavit may constitute perjury; further it is understood
that any person signing a deed -for record who knowingly, willfully and fraudulently files the same in violation;,,
of the Real Property Transfer Tax: Act may be subject to a fine of $500.00 or i% of the transaction; whichever)'
is greater. - :.._::•. • CIT F.FAYETTEVIL E', ARKANSAS •
By ms's 1.14 ,,Ok 'n-
EE/BUYER f;AT.EDUTI OICAGENT
Subaciibed.and3womto before me this
•My Coininission Expires:
• QUITCLAIM DEED
HUSBAND AND WIFE
KNOW ALL MEN BY THESE PRESENTS: FILE-�
and Constance
);0
n9 ? ZS
THAT WE, William Smith, Sr.
husband and wife, hereinafter called Grantors, for and In consldera- 'S3 !EP Z
tion of the sum - of One Dollar ($1.00) and otherood and valuable
consideration to us In hand paid by City pf tayetteville,
Arkansas, a. municipal corporation,
hereinafter called Grantee, do 'hereyp �i ``aa ta,sJG and quitclaim unto
the said Grantee and Grantee'sS signs, the following
described land, situate in
Washington
County, State of Arkansas, to -wit:
Beginning at a point which is four hundred and seven and one-half
(407-1/2) feet East of a point which is two hundred
four and 7/100 (224.07) feet North of the southwest
Northwest Quarter of Section Fifteen (15), Township
and twenty -
corner of the
Sixteen (16)
North, Range Thirty (30) West, of the Fifth Principal Meridian,
for a beginning point, thence North one hundred and fifty (150)
feet, thence West sixty-seven and One-half (67-1/2) feet, thence
South one hundred and fifty (150) feet, thence East sixty-seven
and one-half (67-1/2) feet to the place of beginning; said lot
also being known and designated as part of Lot Twenty(20) 6f 'the
County Court Plat of the Northwest Quarter of said Section,
Township and Range, in the City of Fayetteville, Arkansas.
To have and to hold the said lands and appurtenances
and assigns, forever.
WITNESS our hands and seals on this
THI siS� �lnigT `?RRPARED BY:
Prcrered Cy
" Wsdz, P. A.
a
k
Fk lorh_y I
STATE` O' Al �I
County of
Jackson
William Smith,
a1CHC.
foregoing Instrument and
In witness whereof I
Commission Expires
1.09. 432
,t
.o$,uccessor
thereunto belonging unto the said rantee •■;9•'y.t•i'?:••�•`•"^�.
•
12th day of
Septemhe
•'Irrn t�)
-..t" i.
ACKNOWLEDGMENT
Cmo stalirF
Sm ,
�„ Ptta
On this 1e0.2thy of September, 19 before me,notary public, personally appeared,
Sr. an ontance Loretta Smit , his wile,
, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
acknowledged that they had executed the same for the purposes therein set forth.
hereunto set my hand and official seal.
, 21G 2 anatil
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O
a
c
d
a.
a
a
O
CERTIFICATE OF RECORD
STATE OF ARKANSAS
County of
l� ��
Lt�.�., ae.
h�////
I, t �/( /%'ti'10 Circuit Clerk and Ex -Officio Recorder for the
County aforesaid, do hereby certif that the annexed andoregoln instrument of writing was
//
filed for record in my office on the drA day of _ /,� A. D., 19 ata�((p
o'clock P M and the same is now duly
recorded with the acknowledgment and certificate
thereon, In Record Book, 6q/ at Page____ .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court
3iIM UNH UNVSSf1H
this ca 3
day of
01Z f 19 gni
.vP,�
3iTcuit Clerk and Ex-Officio
ordecorordeder.
/7 ton _ n
Deed is Filed at Book No x ' O v�
Page No or Inst No. L/ S L�
y
t ARKANSAS
REAL PROPERTY TRANSFER TAX AFFIDAVIT
CIRCUIT CLERKS STAMP
STATE OF ARKANSAS -. -
COUNTY OF WaShl.n(art"n
Before the undersigned, Notary Public, duly qualified and acting in and for said county'and state, appeared
signed, to me well known or satisfactorily proven to be the -Affiant herein, who stated under oath that: •
1. He/She/They is/are the Grantee(s) in the attached Deed or theAgent of the Grantee(s).
2. That the names and addresses of all parties to the attached real estate' transfer transaction areas follows;.
the under-
A).`Grantee (buyer)rCity- of'.Fayetteville:; -Arkans'as(a municipals corporation)
. :Fayetteville;'?Arkansas
Address
-B) ,i Grantee's:: Agent � (To'. be comp eted, only If' this :'Affidavit is being signed liScAgent rather than Grantee
1f the Agent is a c»rporation the person signing the Affidavit must show authority to sign for the corpora•';
tion.)
Grantor (Seller)'.
Address .
William.,Smith Sr. and 'Constance `'Lorctta'.:Sriith
Name
2316E:" 28th;' Kansas City,.tMissoiir
Address
apt., 21, 1983
Gate
The propertyis located in:: r Wt Shington
County
el
The full value of the consideration given for the property was
($ .1() r ()00 0� " ). (NOTE This amount should include down: payment
mortgage given or assumed as well as the value of any property given in trade.)
the iunount`of any !J.
•
The transferof property reflected on th attache instrument is not sables; tot a Real o y Transfer ecause:
in1.s deco Is to su pi n an executor - s the �`t�'�iificu Tose
reve!�npue ntarap- Nacre ar. i -:cd
NG'TE: All transfers of real property for wh'ch Grantor (Seller) receives something of value in exchange for the p openy
arc ubject to the tax except those specifically exempted at Ark. Stat. Ann. 894302.
Real Property Tax Stamps Affixed to Deed .
Stamp Denominations '""' ''Stamp Serial Numbersi'
Stamp Values:
Total Stamp Values: $
He/She/They understand that &'false statement on this Affidavit may constitute perjury; further it is understood
that any person signing a deed for record who knowingly, willfully and fraudulently files the same in violation
of the Real Property Transfer Tax Act may be subject to a fine of $500.00 or 1% of the transaction; whichever
is greater. CIq'y(' FAYETTEVII9L/LE/
GRAND E/BUYER/Al;EIKSF'tCOlYAl;RNT
Siiiiseritieri:aiicts;lorn2rAltiefore me this
My: Expireg:
4/9/85
Notary. Public l'
ADC -CDC -2109 •