HomeMy WebLinkAbout30-91 RESOLUTION•
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OFFER AND ACCEPTANCE CONTRACT
(Rev. 2-08-91)
1. Buyer, the City of Fayetteville, offers to buy, subject to the
terms and conditions set forth herein, the following described
property
See attached. Exhibit A.
Purchase Price: subject to the following conditions the Buyer.
shall pay for the property at closing the total and cash
payment of $547,000.00 cash.
3. Contingent Earnest Money..Deposit; ..'Phe Buyer herewith tenders
a check for $3,000.00 to.Franklin L. Haney, :hereinafter
referred to as Selzer, as earnest money, which shall apply on
the purchase price. This offer Of•purchase is contingent upon
approval'of --the Board'-cf .:Directors • of the_ City. of
Fayetteville, Arkansas and, if. they do not so approve,' .the
earnest money deposit will be returned to the Buyer by the
Seller. if title requirements are not fulfilled or the Seller
fails to fulfill any obligations under this contract, the
earnest money shall be promptly refunded to Buyer. If Buyer
fails to fulfill his obligations under the contract or after
all conditions have been met, Buyer fails to elate .this
transaction the earnest money may at the option of the Seller,
become liquidated damages •to,the Seller. Alternatively,
Seller may assert legal or equitable rights. which:it may have
because of breach of this contract.
4. Conveyance will be made. to Buyer by general warranty deed,
except it shall be. subject to recorded instruments and'
easements, if any, which do not materially affect the value of
the property. Such conveyance shall include mineral rights
owned by Seller_
5. Seller shall furnish, at Buyer's cost a policy of title
insurance in the amount,of the purchase. price.
..seller agrees to allow 132.1yeti, at Bnyer's expense to
survey the property. Seller agrees to cure any title
problems which may result fron any differences between.
the recorded legal desari.ption of the property and the.
survey description. Said:titie'problems, if any,,Tust be
solved prior to closing to the satisfaction of the:buyer
#30-9/
7. Taxes and special assessments due on or before closing shall
be:paid.by the seller. Insurance., general taxes,. ad valorem
taxes,. special •assessments and rental payments -shall be
prorated as of closing.
8. The Closing date is designated: to be Son -or before Friday,
; February '22, _199L_ ,{
9' Possession of the property shall be delivered tc the Buyer an
the date of closing. .
10. All fixtures, improvements and attached equipment are included
the purchase price.
11. Riskc of loss or damage to the property by fire or other
casualty occurring up to the time of closing is assumed by the
Seller.
12.. This AGREEMENT shall be governed by the laws of the State of
Arkansas. -
13. This AGREEMENT, when executed by both Buyer and Seller shall
contain the entire. understanding and agreement of•the parties
with respect to the matters referred to herein and shall
supercede all price or contemporaneous agreements,
representations and understanding with respect to such
matters, and no oral representations or statements shall be
considered a part hereof.
14. This contract exppires, if not accepted, on or before the _ __
day of { Qy2UrWL%s. , 1991.
15. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT
THIS OFFER IS EXPRESSLY CONTINGENT UPON THE CITY OF
FAYETTEVILLE'S BOARD OF DIRECTORS APPROVAL OF THIS
OFFER OF PURCHASE AND THAT THE FAILURE OF THE BOARD
TO SO APPROVE WILL MAKE ALL -PORTIONS OF THIS OFFER
NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE
RETURN TO BUYER OF THE $2,500.00 EARNEST MONEY
DEPOSIT.
l
Franklin L. Haney, eller
CITY-:-OH'FAYETTEVILLE, ARKANSAS
8
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BUYER /Ytc.Y°4Date
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EXHIBIT A
Legal Description
7.
Systematics Bldg
A part of Lot Number Four (4), and all of Lot Numbers Five (5)
and Six (6) of Block Number Thirty-one (31) of the original town
plat to the City of Fayetteville, more particularly described as:
Beginning at the southeast corner of said Block Number
Thirty-one (31), said point of beginning being an "X" set
in concrete; Thence N 89°54'23" W 155.00 feet to a point
at the Southwest corner of said Lot Number Six (6);
thence N 00°08'22" E 139.74 feet to a point 30.80 feet
North of the southern boundary of said Lot Number Four
(4) ; said point being an "X" 'set in concrete on the south
boundary of a 12' deeded alley; thence S 89°52'57" E
155.85 feet to a point on the eastern boundary of said
Lot Number Four (4); said point and "X" set in'condrete
30.80 feet North of the southern boundary of Lot Number
Four (4); thence S 00°29'14 W 139.68 feet to the pont of
beginning, containing 10,540 square feet, more or less.
AND
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KHOG Bldg
A part of Lot Numbers 1, 2, 3, and 4 of Block Number Thirty-
one (31) of the original town plat to the City of Fayetteville,
more particularly described as:
Commencing at the Northeast corner of said Lot Number One
(1), and continuing thence N 89°50'20" W 77.36 feet to
the point of beginning, said point being an "X" set in
concrete at the intersection of the extension of the
centerline of a dividing wall between the upper levels of
the KHOG and WOOLWORTH buildings, and the north boundary
of said Lot No. One (1); Thence continuing to and along
the center of said wall S 00°35'30" W 144.31 feet to the
intersection of said wall centerline and the exterior
face of KHOG's south wall; thence N 89°27'38" W 0.60 feet
to the exterior face of Woolworth's west wall; thence
continuing along and beyond the face of said wall S
00°32'22" W 28.72 feet to an "X" set in concrete located
3.96 feet South of the south wall of Woolworth building
and 42.80 feet North of the south boundary of said Lot
No. Four (4); thence N 89°52'57" W 15.00 feet to an "X"
set in concrete; thence N 00°32'22" E 43.13 feet to the
exterior face of the south wall of the City of
Fayetteville's Administration Building; thence continuing
with said wall face S 89°32'36" E 1.32 feet and N
00°08'22" E 129.91 feet to a point on the north boundary
of said Lot Number One (1), said point being an "X" set
in concrete located 2.70 feet North of the exterior face
of the KHOG's north wall; thence S 89°50'20" E 14.35 feet
to the point of beginning, containing 2,116 square feet,
more or less.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
`;p4
DEPARTMENTAL CORRESPONDENCE
TO:
THRU: Donald R. Bunn, City Eng
_FROM: Bert Rakes, Land Agent
DATE: 5-21-91
Sherry Thomas, City Clerk
ViER
SUBJECT: City Purchase of KHOG & Systematics Property
For your safekeeping you will find the following:
1. Resolution No. 30-91 approving purchase.
2. Executed "Offeranf Acceptance Contract".
3. February 19, 1991 Board Minutes. approving Resolution.
4. Original Warranty Deed as recorded in Book 1403 and page
934 granting ownership to the City.
5. Partial Release - Book 1403 page 933.
6. Survey of Systematics as recorded in Drawer 3, page 187.
7. Survey of KHOG as recorded in Drawer 3, page 188
8. P.O.. #26585 and Check #239 for Title Insurance and
closing.
9. Title Insurance Policy No. 0110-009730.
10. Closing Statement as corrected.
11. Application for tax exempt status for both properties.
BR/mab
Attachments
CC: Jerry Rose, City Attorney
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RESOLUTION NO. 30-91
A RESOLUTION AUTHORIZING THE PURCHASE OF THE
KHOG AND SYSTEMATICS PROPERTIES.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute Offer and Acceptance Agreements
with Mr. Frank L. Haney to purchase the KHOG and Systematics
Buildings at a total price of $547,000.00. A copy of the Offer and
Acceptance Agreement authorized for execution hereby is attached
hereto and made a part hereof.
PASSED AND APPROVED this 19th day of February , 1990.
ATTEST:
By
City Cl k
APPROVED:
Mayor
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°FPER AND ACC flA CS•CONTRACT
(Rev. 2-oe-91) .
Buyer, the City of Fayetteville, offers to buy, subject to the
terms and conditions set forth herein, the following described
property:
See attached Exhibit A.
Purchase Price: subject to the following conditions the Buyer
shall pay for the property at closing the total and cash
payment of $547,000.00 cash.
3. Contingent Earnest Money.:Deposit: The Buyer herewith tenders
.a check for $3,000..00 to. Franklin L. Haney, .hereinafter
referred to as Seller, as earnest money, which shall apply on
the purchase price. This offer of. purchase is contingent upon
approval of the Board of .Directors of 'tile • City of
Fayetteville, Arkansas and, if. they do not so approve, .the
earnest money deposit will be returned to the Buyer by the
Seller. If title requirements are not fulfilled or the Seller
fails to fulfill any Obligations under this contract, the
earnest money shall be promptly refunded to Buyer. If Buyer
fails to fulfill his obligations under the contract or after
all conditions have been .met, Buyer. fails to'clots .this
transaction the earnest money'may at the option of. the Seiler,
become liquidated damages to%the Seller. Alternatively,
Seller may assert legal er equitable rights which:it may have
because of breach of this contract.
4. Conveyance will be made to Buyer by general warranty deed,
except it shall be subject. .to recorded instruments: and
easements, if any, which do not materially affect the value of
the property. Such conveyance shall include mineral rights
owned by seller..
B. Seller shall furnish, at Buyer's cost a policy of title
insurance in the amount.of the purchase.price. .
6, seller agrees to allow=Buyer, at Buyer's expense to
survey the property. Seller agrees to cure any title
problems which may result from any differences. between.
the recorded legaldesoription'of the property and the.
survey.description. Said title problems, if any,:must be
solved prior to. closing to the satisfaction of the:buyer.
7. Taxes and special assessments due on or before'closing shall
be paid.by the seller. Insurance, general taxes,. ad valorem
taxes, special 'assessments And rental payments -shall be
prorated as of. closing. :
S. The closing date is detignitedl to be on or before Friday,.
February 22, 1991.
9. Possession of the property shall be delivered to the Buyer an
the data of closing.
10. All fixtures, improvements and attached equipment are included
in the purchase price.
11. E2ia of loss or damage.to the property by fire or other
casualty occurring up to the time of closing is assumed by the
Seller.
12. This.AGREEMENT shall be governed by the laws of the State of
Arkansas. -
13. This AGREEMENT, when executed by both Buyer and Seller shall
contain the entire understanding and agreement of the parties
with respect to the matters referred to herein and shall
supercede all price or contemporaneous agreements,
representations and understanding with respect to such
matters, and no oral representations or statements shall be
considered a part hereof.
14. This contract expires, if not accepted, on or before the I ?LIPt
day of _f Fs uf4sc , 1991.
15. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT
THIS OFFER IS EXPRESSLY CONTINGENT UPON THE CITY OF.
FAYETTEVILLE'S BOARD OF DIRECTORS APPROVAL OF THIS
OFFER OF PURCHASE AND THAT THE FAILURE OF THE BOARD
TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER
NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE
RETURN TO BUYER OF THE $2,500.00 EARNEST MONEY
DEPOSIT.
_2—P i
Franklin L. Haney, eller
CITY 0? FAYETTEVILLE, ARKANSAS
2%?01.1111% -e -
BUYER rYl&yoc
BUYER. eA ego./
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Ii- /4, ICl/
Date
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EXHIBIT A
Legal Description
Systematics Bldg
A part of Lot Number Four (4), and all of Lot Numbers Five (5)
and Six (6) of Block Number Thirty-one (31) of the original town
plat to the City of Fayetteville, more particularly described as:
Beginning at the southeast corner of said Block Number
Thirty-one (31), said point of beginning being an "X" set
in concrete; Thence N 89454'23" W 155.00 feet to a point
at the Southwest corner of said Lot Number Six (6);
thence N 00°08'22" E 139.74 feet to a point 30.80 feet
North of the southern boundary of said Lot Number Four
(4); said point being an "X" set in concrete on the south
boundary of a 12' deeded alley, thence S 89452'57" E
155.85 feet to a point on the eastern boundary of said
Lot'Number Four (4); said point and "X" set in concrete
30.80 feet North of the southern boundary of Lot Number
Four (4); thence S 00429'14 W 139.68 feet to the pont of
beginning, containing 10,540 square feet, more or less.
AND
KHOG Bldg
A part of Lot Numbers 1, 2, 3, and 4 of Block Number Thirty-
one (31) of the original town plat to the City of Fayetteville,
more particularly described as:
Commencing at the Northeast corner of said Lot Number One
(1), and continuing thence N 89°50'20" W 77.36 feet to
the point of beginning, said point being an "X" set in
concrete at the intersection of the extension of the
centerline of a dividing wall between the upper levels of
the KHOG and WOOLWORTH buildings, and the north boundary
of said Lot No. One (1); Thence continuing to and along
the center of said wall S 00435'30" W 144.31 feet to the
intersection of said wall centerline and the exterior
face of KHOG's south wall; thence N 89°27'38" W 0.60 feet
to the exterior face of Woolworth's west wall; thence
continuing along and beyond the face of said wall S
00°32'22" W 28.72 feet to an "X" set in concrete located
3.96 feet South of the south wall of Woolworth building
and 42.80 feet North of the south boundary of said Lot
No. Pour (4); thence N 89452'57" W 15.00 feet to an "X"
set in concrete; thence N 00432'22" E 43.13 feet to the
exterior face of the south wall of the City of
Fayetteville's Administration Building; thence continuing
with said. wall face S 89432'36" E 1.32 feet and N
00°08'22" E 129.91 feet to a said point int on enrth hnboundaarry
of said Lot Number one (1), being
in concrete located 2.70 feet North of the exterior face
of the KHOG'S north wall; thence S 89450'20" E 14.35 feet
to the pointof beginning, containing 2,116 square feet,
more or less.
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February 19, 1991
Vorsanger explained that there was a public hearing held on January
22, 1991, and there was 100% support of the nearly 200 in
attendance to increase the fees at the lakes thereby increasing the
revenues for the lakes and keeping them open.
Blackston stated he attended the public meeting and stated the
positive public input from the meeting was unanimously in favor of
the increased rates and keeping the lakes open.
Coody stated he would like to see all of the parks in the City be
self supporting.
Linebaugh explained that Staff recommends adopting the ordinance
and the proposed fees which are as follows:
Daily Fishing Permit
Daily Boating Permit
Season Boating Permit
Season Fishing Permit
Lake Sequoyah Boat
(stall rental)
Current Fees Proposed Fees
$1.00
$1.00
$10.00/lake
$10.00/lake
$40.00/yearly
$2.00
(over age
$2.00
(over age
65-$1.00)
65-$1.00)
$20.00 both lakes
(over age 65-$15.00)
$20.00 both lakes
(over age 65-$15.00)
$60.00/yearly
The ordinance was read for the first time. Henry, seconded by
Green, made a motion to suspend the rules and place the ordinance
on its second reading. Upon roll call, the motion was passed 7 to
0. Henry, seconded by Green, made a motion to further suspend the
rules and place the ordinance on its third and final reading. Upon
roll call, the motion passed 7 to 0. The ordinance was read for
the third and final time. Upon roll call, the ordinance passed by
a vote of 7 to 0.
ORDINANCE 3533 APPEARS ON PAGE
BOOR
' PROPERTY ACQUISITION
OF ORDINANCE AND RESOLUTION
Mayor Vorsanger introduced consideration of a resolution approving
the purchase of the KHOG and Systematics properties at a total
price of $547,000.
February 19, 1991
City Manager Linebaugh stated that staff recommends approving the
purchase. The KHOG building is tentatively scheduled to be used
for Community Development and Planning, Engineering, Central Supply
area, Administrative Services storage, and an employee lounge and
concession area. The Systematics building is scheduled to be
occupied by the Police Department operations, Municipal Court, and
possibly the Prosecutor's Office. The purchase price of these.
acquisitions are below the appraised values. There are funds
targeted in the 1991budget for the renovation of these buildings.
Spivey, seconded by Green made a motion to approve the property
acquisition.
Linebaugh stated that the acquisition should accommodate the City
for many years into the future. He stated that this would give the
City an opportunity to consolidate some of its operations, making
it more efficient for the citizens to perform business in different
areas. Linebaugh stated that this was clearly outlined in the CIP
pay-as-you-go fund.
Green stated that in previous discussions, there was tkie
requirement of a budget adjustment to purchase the property, but it
was not mentioned now. Kevin Crosson, Admistrative Services
Director, stated that since the purchase price had been
renegotiated, there was no longer a need for a budget adjustment.
Spivey stated that the City would be getting more building than it
actually needs right now, but if the building is not purchased now,
in five years down the road, the Board would be sorry they did not
purchase the building.
Vorsanger agreed and stated especially since the property is
located in the same block as City Hall.
Henry stated she had been the most negative regarding this
purchase. But, after looking at the building, the needs of the
City, and the cost of the building, she was in favor of the
purchase.
Tiny Hamilton asked the Board if there was a price attached to the
proposed figure for future remodeling. Vorsanger explained that
approximately $310,000 would be available for the remodeling of
both buildings from a variety of sources. He stated that $43,000
would have to be spent on the building for asbestos removal, but
the price had been decreased by this amount to allow for this
removal of asbestos in the floor tiles.
Robert Reus, a resident of Fayetteville, stated that he did not
really have an opinion of the City purchasing the building rather
a concern. He the recognized need for additional space at the
{ Police Department, but didn't see the Court's need for more space.
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February 19, 1991
He expressed his opinion that the City might be paying more than
the buildings are worth. He also asked about the missing air
conditioners on the outside of the building.
Harold Dahlinger, Building Maintenance Supervisor, stated the air
conditioners that had been removed were used strictly with the
computer equipment that had been in the Systematics building. The
air and heating systems for the building were intact. He further
stated that the cost per square foot for the buildings is
approximatley $18.00 versus the cost of building new which is about
$45.00 per square foot..
Green pointed out that the $18.00 per square foot figure also
includes the prices of the land which makes the purchase price even
more attractive.
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Upon roll call, the motion to approve the purchase passed by a vote
of 7 to O.
RESOLUTION 30-91 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
WATER TESTING CONTRACT '
The Mayor introduced consideration of an ordinance waiving
competitive bidding and awarding a contract to Dr. Richard Meyer to
gather, test, analyze a number of water samples, and prepare a
written report(s) setting out the test data and conclusions.
City Manager Linebaugh stated that staff recommends awarding the
contract to Dr. Meyer ata cost of between $25,000 and $40,000, not
to exceed $40,000. The need to waive competitive bidding and
awarding this contract is due to the fact that Dr. Meyer's
laboratory is one of the few in the area that meets EPA
requirements for quality assurance and control, and he has
performed this type of work for the City previously.
The ordinance was read for the first time. Henry, seconded by
Green, made a motion to suspend the rules and place the ordinance
on its second reading. Upon roll call, the motion was passed 7 to
0. The ordinance was read for the second time. Coody, seconded by
Blackston, made a motion to further suspend the rules and place the
ordinance on its third and final reading. Upon roll call, the
motion passed 7 to 0. The ordinance was read for the third time.
Upon roll call, the ordinance passed by a vote of 7 to 0.
ORDINANCE 3534 APPEARS ON PAGE OF ORDINANCE AND RESOLUTION
BOOK
h{
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WARRANTY DEED
HUSBAND AND WIFE CONVEYING AS TENANTS BY
THE ENTIRETY, JOINTLY OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS:
That wo, Franklin L. Haney_ and Emeline W. Haney
husband and wile, hereinafter called Grantors, for and In considera-
tion of the sum of One Dollar ($I.00) and other good and valuable
consideration to us In hand pald by
The City of Fayetteville, Arkansas
hereinafter called Grantee, do hereby grant, bargain, and sell unto the
said Grantee and Grantee's heirs and assigns, the following described
land, situate In
Washington
r
County, Stale of Arkansas, to -wit:
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=ILED FOR RECORD
'91. FEB 22 PIS 3 41
IASHINGTON CO AR
A. KOLLMEYER
SEE ATTACHED "EXHIBIT A"
I certify under penalty of false swearing that at least the legally
correct amour of documentary stamps have been placed on this
Instrument
Signe
Address
TO HAVE AND TO HOLD the Said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's •
heirs and assigns, forever. And we, the said Grantors, hereby covenant that we are lawfully soloed of said land and
premises, that the same Is unlncumbered, and that we will forever warrant and defend the title to the Bald lands against all
legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the said Grantee our respective dowerleurtesy and
homestead In and to said lands.
WITNESS our hands and seals on
THIS INSTRUMENT PREPARED BY:
Boyd D. Cox
Attorney at Law
26 E. Center St.
Fayetteville, Ali' "72701
(501) 521-2052
STATE OF TENNESSEE!
ea
County of . HAMILTON
this
21st
day of February
ACKNOWLEDOMENT
On this the L y of _ Fcbr� r , 19 91 , before me, a
Franklin L. Haney_ and . Emeline W. Haney
known to me (or satisfactorily proven) to be the persons whose names are SubecrIbed
acknowledged that they had executed the same for the purposes therein set forth.
In witness whereof I hereunto set my hand and official
My Commission Expires
July 28, 1993
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"EXHIBIT A"
KHOG BUILDING
A part of Lot Numbers 1, 2, 3, and 4 of Block Number
Thirty-one (31) of the Original Town Plat to the City
of Fayetteville, more particularly described as
commencing at the Northeast corner of said Lot. Number
One (1), and continuing thence N 89-50-20 W 77,36
feet to the point of beginning, said point being an "X"
set in concrete at. the intersection of the extension of
the centerline of a dividing wall between the upper
levels of the Khog and Woolworth Buildings, and the
North boundary of said Lot No. 1; thence continuing
to and along the center of said wall S 00-35-30 W 144.31
feesto the intersection of said wall centerline and the
exterior face of Khog's south wall; thence N 89-27-38
W 0,60 feet to the exterior face of Woolworth's West
wall; thence continuing along and beyond the face of
said wall S 00-32-22 W 28.72 feet to an "X" set in
concrete located 3.96 feet south of the south wall of
Woolworth building and 42.80 feet north of the south
boundary of said lot No, 4; thence N 89-52-57 W 15.00
feet to an "X" set in concrete; thence N 00-32-22 E
43.33 feet to the exterior face of the south wall of the
City of Fayettevtlle's Administration Building, thence
continuing with said wall face 5 89-32-36 E 1.32 feet
and N 00-08-22 E 129.91 feet to a point on the North
boundary of said lot number one, said point being an
"X" set in concrete located 2.70 feet north of the exterior
face of the Khog's North wall; thence. S 89-50-20 E
14.35 feet to the point of beginning, containing 2116
square feet, more or less.
SYSTEMATICS BUILDING
A part of Lot Numbered 4 in Block numbered 31 of the
Original Town (now City) of Fayetteville, Arkansas, as
designated upon the recorded plat thereof, being more
particularly described .as follows, to -wit:
Beginning at. the Southwest corner of said Lot Numbered
4, and running thence North 30.8 feet; thence Eastto
the East line of said Lot numbered 4, thence South to
the Southeast corner of said Lot. numbered 4; thence
West to the point of beginning.
ALSO
Lots
Town
upon
numbered 5 and 6, in Block 31 of the Original
(now City) of Fayetteville, Arkansas as designated
the recorded plat of said Addition.
LIM 140311GE935
ppm
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FILED FOR RECORD
'91 FEB. 22 PI9 3 91
PARTIAL RELEASASHINGTON CO AR
A.KOLI EYER
KNOW ALL MEN BY THESE PRESENTS:
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the undersigned does hereby release and discharge
the lien created by a certain Mortgage which is recorded in
Record Book 1386 at Page 922-924/insofar as said Mortgage
encumbers the following property in Washington County, Arkansas,
to wit:
trots---
STATE
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TRACT TWO (2): (104 W. Rock)
A
-part-Of-Lot Numb red'4 in"Block numbered 31 -of -the
Original Town (now City) of Fayetteville, Arkansas,
as designated upon the recorded plat thereof, being
more particularly described as follows, to wit:
Beginning at the Southwest corner of said Lot Numbered
4,,and running thence North 30.8 feet; thence East to
the East line of said Lot numbered 4, thence South to
the Southeast corner of said Lot numbered 4; thence
West to the point of beginning.
,_ALSO
Lots numbered 5 and 6, in Block 31 of the Original
Town (now City) of Fayetteville, Arkansas, as designated
upon the recorded plat of said Addition.
The release does not include nor affect the lien upon any
property encumbered by the aforesaid Correction Mortgage except
the property specifically described herein. 6,;.! "1'r:-11 --^,;;-4,r1n ,l
WITNESS my hand and seal this
STATE OF TENNESSEE
COUNTY OF HAMILTON
BE'IT REMEMBERED that on this day came before the
undersigned, a Notary Public, duly commissioned and acting,'ithin:,;
and for the aforementioned County and State, Fletcher Bright,
well known to me (or satisfactorily proven), and -stated that,he" ,.ed
had executed the foregoing Partial Release for the purposes ands
considerations thereinmentionedand set forth.
ye
day of Dec
her Bright
ACKNOWLEDGMENT
1990. =.i
4
WITNESS MY HAND AND SEAL as such Notary Public
day of December, 1990.
My cgmmissi n Expires:
��
/99'3
ary Public
;
r4411 '
UIBE51403rAcE933
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F1LED FGR RECORD
nal FEB 22 QFl
'i0
WASRiNGTOR YR
PARTIAL RELEASE A•KDLLMEER
KNOWN ALL MEN BY THESE PRESENTS:
FOR VALUABLE CONSIDERATION, the receipt of which is hereby
acknowledged, the undersigned does hereby release and discharge the lien created
by a certain Mortgage which is recorded in Record Book 132514t Page 705 insofar
as said Mortgage encumbers the following property in Washington County, Arkansas,
to wit:
KHOG BUILDING
A part of Lot Numbers 1, 2, 3, and 4 of Block Number
Thirty-one (31) of the Original Town Plat to the City
of Fayetteville, more particularly described as
commencing at the Northeast corner of said Lot Number
One (1), and continuing thence N 89-50-20 W 77.36
feet to the point of beginning, said point being an "X"
set in concrete at the intersection of the extension of
the centerline of a dividing wall between the upper
levels of the Khog and Woolworth Buildings, and the
North boundary of said Lot No. 1; thence continuing
to and along the center of said wall S 00-35-30 W 144.31
feet to the intersection of said wall centerline and the
exterior face of Khog's south wall; thence N 89-27-38
W 0.60 feet to the exterior face of Woolworth's West
wall; thence continuing along and beyond the face of
said wall S 00-32-22 W 28.72 feet to an "X" set in
concrete located 3.96 feet south of the south wall of
Woolworth building and 42.80 feet north of the south
boundary of said lot No. 4; thence N 89-52-57 W 15.00
feet to an "X" set in concrete; thence N 00-32-22 E
43.13 feet to the exterior face of the south wall of the
City of Fayetteville's' Administration Building, thence
continuing with said wall face S 89-32-36 E 1.32 feet
and N 00-08-22 E 129.91 feet to a point on the North
boundary of said lot number one, said point being an
"X"' set in concrete located 2.70 feet north of the exterior
face of the Khog's North wall; thence S 89-50-20 E
14.35 feet to the point of beginning, containing 2116
square feet, more or less.
SYSTEMATICS BUILDING
A part of Lot Numbered 4 in Block numbered 31 of the
Original Town (now City) of Fayetteville, Arkansas, as
designated upon the recorded plat thereof, being more
particularly described as follows, to -wit:
Beginning at the Southwest corner of said Lot Numbered
4, and running thence North 30.8 feet; thence East to
the East line of said Lot numbered 4, thence South to
the Southeast corner of said Lot numbered 4; thence
West to the point of beginning.
ALSO
Lots numbered 5 and 6, in Block 31 of the Original
Town (now City) of Fayetteville, Arkansas as designated
upon the recorded plat of said Addition.
uBEa1403phGK931
•
This release does not include nor affect the lien upon any property encumbered
by the aforesaid Correction Mortgage except the property specifically described
herein.
WITNESS my hand and seal this ,./sr day o, £bgu�+cy . 1991.
Doug Douglas, Trustee
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED that on this day came before the undersigned, a Notary
Public, duly commissioned and acting within and for the aforementioned County
and State, Doug Douglas, Trustee, well known to me (or satisfactorily proven),
and stated that he had executed the foregoning Partial Release for the purposes
and considerations therein mentioned and set forth.
1/WITNESS MY HAND AND SEAL as
J.�..Y,�sv�beH , 1991.
such Notary Public this 0,2/ day of
Sale etati,sta 2N
Notary Pu is
MIR 1403 PAGE 932
1.
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2Nd FLOOR EXTERIOR WALL
0.35 EAST OF PROPERTY LINE
2nd FL00R EXTERIOR.WALL
0.38' WEST OF PROPERTY LIRE
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2nd FLOOR EXTERIOR BALL
0.43' REST OF PROPERTY LINE
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ino FLOOR EXTERIOR SALL
0,57' REST OF PROPERTY LIRE
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EXTERIOR WALL
EXTERIOR WALL
INE
QNC RE TE
1.
s - 1604
SURVEY DESCRIPTION
A PART OF LOT NUMBER FOUR (4), AND ALL OF LOT NUMBERS
FIVE (51 AND SIX 161 OF BLOCK NUMBER THIRTY-ONE (311
OF THE ORIGINAL TOWN PIAT TO THE CITY OF FAYETTEVILLE,
MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE SOUTHEAST
CORNER OF SAID BLOCK NUMBER THIRTY-ONE (311, SAID POINT OF
BEGINNING BEING AN "X" SET IN CONCRETE;
THENCE N 89-54-23 W 155.00 FEET TO A POINT AT THE
SOUTHWEST CORNER OF SAID LOT NUMBER SIX;
THENCE N 00-08-22 E 139.74 FEET TO A POINT 30.80 FEET
NORTH OF THE SOUTHERN BOUNDARY OF SAID LOT NUMBER 4;
SAID POINT BEING AN "X" SET IN CONCRETE ON THE SOUTH
BOUNDARY OF A 12' DEEDED ALLEY;
THENCE S 89-52-57 E 155.85 FEET TO A POINT ON THE EASTERN
BOUNDARY OF SAID LOT NUMBER 4; SAID POINT BEING AN "X" SET
IN CONCRETE 30.80 FEET NORTH OF THE SOUTHERN BOUNDARY
OF LOT NUMBER 4;
THENCE S 00-29-14 W 139.68 FEET TO THE POINT OF
BEGINNING, CONTAINING 10,540 SQUARE FEET, MORE OR LESS.
PUO?ESSIONAL
INGINEERS
SURVEYING
SPECIAtISIS
205 W Center • (501) 443-4724
1
CERTIFICATION
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This Is to certify that I have this day coa-
pleted a survey as shown hereon. Apparent
encroachments revealed by the survey ace
shown on the Plat of Survey.
MELVIN L. MILHOLLAND, R.L.S.
Arkansas Registration No. 648
MILHOLLAND COMPANY
Engineering 6 Surveying
ES7
"PART OF BLOCK 31 — ORIGINAL TOWN PLAT
PLAT OF SURVEY
FOR
CITY OF FAYETTEVILLE
SCALE: 1" = 20'
DATE: DEC. 1990
APPROVED BY
DRAWN BY JTS
CLIENT: CITY OF FAYETTEVILLE
1
DEED: BOOK 1139, PAGE 276
DRAWING NUYBER
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O4- CITY ADMIN. BLDG
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BRICK LATICE I
KHOC BLDG
(SEE DETAIL)
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PROPERTY LINK --
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10' OVERHANG
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1• X 1'
COLu"N
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LEGEND
15.00
WALL- WOOLWORTH BLDG
WALL- KHOG BLDG
WALL- CITY ADMIN. BLDG
PROPERTY LINE
OVERHANG
POWER POLE
WATER METER
STREET LIGHT
FIRE HYDRANT
"X" SET IN CONCRETE
4_.. INTERIOR WALL
WOOLWORTH BLDG
-P IPFPTY LINE
0
B 89 27'70' F .
0.60'
21.80'
- 3.9'
1
51.5•
41.46%.25
pl'0 5
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LOG
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wOO�wO�t f 60'5
PRUPPRT'i LIN! -
40' 0"
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LOWER LEVEL
ENTRANCE
1.00'
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STAINS TO
UPPER LEVEL
•
N 89 52'57" W 78.25'
SEC
LOT 4
BLK 31
•
CERTIFICATION
•
Ir
This is to certify that I have this d
shown hereon. Apparent encroachments '
shown on the Plat of Survey.
MELVIN L. MILNOLLAND,
Arkansas Registration
MILHOLLAND COMPANY
R.L.S.
No. 648
•