HomeMy WebLinkAbout05-90 RESOLUTION•
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RESOLUTION NO. 5-90
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK :O EXECUTE AN ENCROACHMENT AGREEMENT
WITH THE GREGORY WAREHOUSE BUILDING OWNERS.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section :. That the Mayor and City Clerk are hereby
authorized and directed to execute a Encroachment Agreement with
the Gregory Warehouse building owners for use of land purchased
lying under the building. A copy of the agreement authorized for
execution hereby is attached hereto marked Exhibit "A" and made a
part hereof.
PASSED AND APPROVED this 2nd day of January , 1990.
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'. ATTEST:
By1.3? iGm eo-,
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City trk
APPROVED: %�
By: (�/l/41~r d
Mayor
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EXHIBIT "A"
A G I: E E M E N T
WIIEREAS, the City of Fayetteville has entered into a
contract to purchase from John G. Sugg, Sr., Ann W. Sugg, John G.
Sugg, Jr., Mary Helen Sugg Bassett, Edwin G. Sugg, and Mark C.
Sugg. a part of Block 7 of the Original Town Plat of the City of
Fayettevi._1e, Washington County, Arkansas, and a portion of West
Spring Street vacated by Ordinance No. 1513 and being more
particularly described as follows, to -wit:
Beginning at a point South 89' 50'30" West 146.43' from
Lhe Southeast corner of said Block 7, thence North 00°
09° 30" West 80.00', thence South 89° 50'30" 129.58',
thence South 49.32' to the South Line of Block 7, thence
South 890 50'30" West 17.72' along said South line to
the Southwest corner of Block 7, thence South CO° 09'30"
East 50.00', thence North 89° 50'30" East 184.86',
thence North C0° 09'3C" West 50.00' to the point of
negirr.irig, containing C.48 acres, more or less.
WHEREAS, John G. Sugg, Sr., et ate., have entered into a
contract to purchase from the James K. Gregory Charitable Trust,
u/t/a dated October 12, :979, the above-described property.
WHEREAS, a portion of the "Gregory Warehouse Building" has
been found to lie within the right of way boundary of West Spring
Street and in the above-described property.
WIIF.RF.AS, the "Gregory Warehouse Building" is a viable
business location that requires ingress and egress easement.
THEREFORE, the City of Fayetteville as purchaser of the
aforedescribed property grants unto the James K. Gregory
Charitable Trust and John G. Sugg, Sr., et al., the right of full
use and benefit of that portion of the "Gregory Warehouse
Building" that lies within the right of way boundary of West
Spring Street and in the above described property. The said right
shall run with the building until such time as that portion of
said "Gregory Warehouse Building" that lies within the right of
way boundary of West Spring Street and in the above described
property is demolished and then said right shall cease to exist
and become null and void.
IN ADDITION, the City of Fayetteville as purchaser of the
aforedescribed property, grants to the James K. Gregory Charitable
Trust and John G. Sugg, Sr., et al., the right of reasonable
ingress and egress to said "Gregory Warehouse Building" or ]ands,
over and across that por,.:on of West Spring Street vacated by
Ordinance No. 1513 and a right of adequate and reasonable area
shall be granted over and acrcss above-described property by the
City of Fayetteville to allow a fifty-five (55) foot truck access
to the "Gregory Warehouse Building" dock during normal working
hours. The said right of Ingress and egress to building and
access area to dock shall cease to exist and be null and void at
such time that the said "Gregory Warehouse Building" within the
above-described property shall be demolished.
This AGREEMENT is not an ordinance and shall not he
interpreted to circumvent, contradict or amend any existing or
future city ordinance or ordinances.
CITY OF FAYETTEVTT.i_5, ARKANSAS
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Cit0 Clerk
By:G/«L,
:Mayor
EXHIBIT A