HomeMy WebLinkAbout123-94 RESOLUTION•
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RESOLUTION NO. 123-94
A RESOI.I:TION SUPPORTING AND CONFIRMING THE
MAYOR'S VETO OF RESOLUTION NO. 119-94, PASSED
AND APPROVED O(:TUBER 4, 1994, TO SELL CERTAIN
LAND TO THE CITY OF SPRINGDALE FOR A SEWER LIFT
STATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVII.LE, ARKANSAS:
Section 1. That Mayor Hanna's veto of Resolution No. 119-94, passed and approved
October 4, 1994. to sell certain land to the City of Springdale for a sewer lift station, shall not
he overridden, but supported and contirme d by this City Council.
PASSED AND APPROVED this 18th day of October 1994.
ATTEST:
BY:
Tract Paul, City Clerk
APPROVED:
By:
Fred Hanna, Mayor
E\LYETTE II,LF
THE CITY OF FAYETTEVILLE ARKANSAS
October 7, 1994
Traci Paul
City Clerk
City of Fayetteville
Fayetteville, AR 72701
Dear Madam Clerk:
Pursuant to my authority as Mayor of the City of
Fayetteville, I hereby exercise the mayor's power to veto the
following resolution by the City Council on October 4, 1994:
RESOLUTION NO. 119-94
A RESOLUTION APPROVING A CONTRACT
OF SALE OF 1.25 ACRES OF LAKE
FAYETTEVILLE PROPERTY TO THE CITY
OF SPRINGDALE; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
RIGHT OF WAY GRANT AND A WARRANTY
DEED FOR SAID PROPERTY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1- That the City Council hereby
approves a contract of sale of 1.25 acres of Lake
Fayetteville property to the City of Springdale and
authorizes the Mayor and City Clerk to execute said
contract. A copy of the contract is attached hereto
marked Exhibit "A" and made a part hereof.
Section 2. The City Council also approves the
execution of a Warranty Deed to convey the above
described property, as nore fully set forth in the
attached Exhibit "B" and made a part hereof.
Section 3. The City Council hereby grants a
right-of-way granting and temporary construction
easement, as more fully set forth in the Right-of-way
Grant attached hereto marked Exhibit "C" and made a part
hereof.
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-5754457
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Page 2
Traci Paul, City Clerk
October 7, 1994
$action 4. The proceeds from the sale of
property shall be given to the Parks and Recreation.
PASSED AND APPROVED this 4th day of October
1994.
APPROVED:
By:
ATTEST:
Fred Hanna, Mayor
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By:
Traci Paul, City Clerk
I am vetoing this resolution because I believe other property
may be found as a lift station site that is suitable to the needs
of Springdale and will not affect the nature study area around
Lake Fayetteville established by the City of Fayetteville in 1973.
Accordingly, I believe it is not in the public's interest to allow
the resolution to be enacted in its present form.
Please cause this exercise of the veto power of the mayor to
be laid before the next regular meeting of the Fayetteville City
Council as required by law.
Sincerely,
)4;,474‘k
Fred Hanna
Mayor
FH/cbp
cc: Fayetteville City Council members
Jerry E. Rose, City Attorney
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RESOLUTION NO. 119-94
A RESOLUTION APPROVING A CONTRACT OF SALE OF
1.25 ACRES OF LAKE FAYETTEVII.LE PROPERTY TO THE
CITY OF SPRINGDALE: AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A RIGHT OF WAY GRANT
AND A WARRANTY DEED FOR SAID PROPERTY.
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BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council hereby approves a contract of sale of 1.25 acres of
Lake Fayetteville property to the City of Springdale and authorizes the Mayor and City Clerk
to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made
a part hereof.
Section 2. The City Council also appnn+cs the execution of a Warranty Deed to
convey the above descnbed property, as more fully set forth in the attached Exhibit "B' and
made a part hereof.
Section 3. The City Council hereby grants a right-of-way granting and temporary
construction easement, as more fully set forth in the Right-of-way Grant attached hereto marked
Exhibit "C" and made a part hereof.
Section 4. The proceeds from the sale of property shall be given to the Parks and
Recreation.
PASSED AND APPROVED this S$, day of October 1994.
ArI'EST:
By:
Traci Paul, City Clerk
APPROVED:
By:
Fred Hanna, Mayor
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EASEMENT_PROPERTY DESCRIPTION
Property Desrriprion•
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Located in the NW'A of the SW'A and in the SW'A of the NW'A of Section 18, T -17-N,
R -29-W, and in the SE'% of the NE'% of Salim 18, T -17-N, R -30-W, Washington
County, Arkansas. as described in Deed Book 402 at Pages 261 and 263 of the records
of the Circuit Clerk of Washington County, Arkansas.
Easement Description:
A permanent easement 30 feet in width, the centerline of said easement being 5 feet West
or South of and parallel to the fust sewer as constructed. said centerline being described
as follows: Commencing at the NW corner of Lot 48 in Clear Creek Acres Subdivision,
thence South 0600'30" West - 165.00 feet, thence South 0600'36" West - 89-18 feet,
thence West - 148.50 feel to the POINT OF BEGINNING, said point being on the North
line of thc Sewage Lift Station Property, thence along the following hearings and
distances:
North 15627'03" West - 346.40 feet;
North 23609'46' West - 96930 feet;
North 02"16'26" East - 334.02 feet;
to a point 15 feet South of the North line of the SW'A of the NW % of said Section 18,
thence South 89`47'09: West running parallel with said North line a distrance of 744.08
feet to a point on the West line of said Section 18; thence North 77°30'00" West - 97 87
feet to a point 15 feet South of the North line of the SE" of the NEC of said Sectio 13;
thence South 89641 35" West running parallel) with said North line a distance of 234.15
feet to a point 330 feet West of the East line of said Section 13.
Also, a permanent easement 30 feet in width, the centerline of said easement being 5 feet
South of and parallel to the first sewer line as constructed located in that part of thc
NW 'A of the SW'A of said Section 18 lying between Clear Creek Acres Subdivision and
Arkansas Highway 265.
Bearings are referenced from Clear Creek Acres Subdivision plat recorded in Plat Book
7 at Page 64 of the records of the Circuit Clerk of Washington Courcy, Arkansas.
Temporary Construction Easement
A temporary construction easement 30 feet in width running parallel with and contiguous
to the above described permanment easement and is located on the South and West sides
thereof.
PROPERTY DESCRIPTION
A part of the Northwest Quarter (NW14) of the Southwest Quarter (SW 1/4) of
Section 18, T -17-N. R -29-W. being more particularly described as follows:
Beginning at the Northwest corner of Lox 48 Clear Creek Acres Subdivision,
thence South 0`00'30" West - 165.00 feet. thence South 000'36" West - 89.18
feet, thence West - 106.24 feet to the POINT OF BEGINNING. said point being
on the curving West Right of Way line of Arkansas Highway 265. thence
Southeasterly along said curved West Right of Way line to the nght a distance of
132.57 feet to the end of said curve; thence South 0'00'45" East -47.74 feet:
thence West leaving said West Right of Way line a distance of 325.00 feet; thence
North - 180.00 feet; thence East 317.05 feet to the POINT OF BEGINNING,
contaimng 1.33 acres, more or les, Washington County. Arkansas. LESS AND
EXCEPT the east 20 foot of said property along and adjacent to Highway 265
which is expressly reserved as street right of way. containing 0.08 acres. more or
less, or a net area of 1.25 acres, more or less.
Beanngs are referenced for Clear ('reek Acres Subdivision plat recorded in Plat
Hook 7 at Page 64 of the records of the Circuit Clerk of Washington County,
Arkansas.
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EXHIBIT "A"
PROPERTY DESCRIPTION
A part of the Northwest Quarter (NW 1 /4) of the Southwest Quarter (SW1/4) of Section 18,
T -17-N, R -29-W, being more particularly described as follows: Beginning at the Northwest
comer of Lot 48 in Clear Creek Acres Subdivision, thence South 0°00'30" West - 165.00
feet, thence South 0°00'36" West - 89.18 feet, thence West -106 24 feet to the POINT OF
BEGINNING, said point being on the curving West Flight of Way line of Arkansas Highway
265, thence Southeasterly along said curved West Right of Way line to the right a
distance of 132.57 feet to the end of said curve; thence South 0°00'45" East - 47.74 feet;
thence West leaving said West Right of Way fine a distance of 325 00 feet; thence North -
180.00 feet; thence East - 317.05 feet to the POINT OF BEGINNING, containing 1.33
acres, more or less, Washington County, Arkansas, LESS AND EXCEPT the east 20 foot
of said property along and adjacent to Highway 265 which is expressly reserved as street
right of way, containing 0 08 acres, more or less, for a net area of 1.25 acres, more or
less.
Bearings are referenced from Clear Creek Acres Subdivision plat recorded in Plat Book
7 at Page 64 of the records of the Circut Clerk of Washington County. Arkansas.
EXHIBIT "B"
EASEMENT PROPERTY DESCRIPTION
Property Description:
Located in the NW1/4 of the SW1/4 and in the SW1/4 of the NW1/4 of Section 18, T -17-N,
R -29-W, and in the SE1/4 of the NE1/4 of Section 13, T -17-N, R -30-W, Washington
County, Arkansas, as described in Deed Book 402 at Pages 261 and 263 of the records
of the Circuit Clerk of Washington County, Arkansas.
Easement Description:
A permanent easement 30 feet in width, the centerline of said easement being 5 feet West
or South of and parallel to the first sewer line as constructed, said centerline being
described as follows: Commencing at the NW corner of Lot 48 in Clear Creek Acres
Subdivision, thence South 0°00'301 West -165.00 feet, thence South 0°00'36" West - 89.18
feet, thence West - 148.50 feet to the POINT OF BEGINNING, said point being on the
North line of the Sewage Lift Station Property, thence along the fallowing bearings and
distances:
North 15°27'03' West - 346.40 feet,
North 23°09'46' West - 969.30 feet;
North 2°16'26" East - 334.02 feet,
to a point 15 feet South of the North line of the SW1/4 of the NW1/4 of said Section 18,
thence South 89°47'09" West running parallel with said North line a distance of 744.08 feet
to a point on the West line of said Section 18; thence North 77°30'00" West - 97.87 feet
to a point 15 feet South of the North line of the SE1/4 of the NE1/4 of said Section 13;
thence South 89°41'35" West running parallel with said North line a distance of 234.15 feet
to a point 330 feet West of the East line of said Section 13.
Also, a permanent easement 30 feet in width, the centerline of said easement being 5 feet
South of and parallel to the first sewer line as constructed located in that part of the
NW1/4 of the SW1/4 of said Section 18 lying between Clear Creek Acres Subdivision and
Arkansas Highway 265.
Bearings are referenced from Clear Creek Acres Subdivision plat recorded in Plat Book
7 at Page 64 of the records of the Circuit Clerk of Washington County, Arkansas.
Temporary Construction Easemert:
A temporary construction easement 30 feet in width running parallel with and contiguous
to the above described permanent easement and is located on the South and West sides
thereof.
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MOTION NO.
A MOTION PASSED AND APPROVED BY THE CITY
COUNCIL OF THE (1 11' OF FAYETTEVILLE, ARKANSAS
EXPRESSING THEIR INTENT TO SELL TO THE CITY OE
SPRINGDALE, APPROXIMATELY 112 ACRE OF REAL
PROPERTY LOCATED WEST OF HIGHWAY 265 AND
NORTH OF CLEAR CREEK ROAD TO CONSTRUCT A
SEWER LIFT STATION AND ALSO A 30 FOOT EASEMENT
ALONG THE HIGHWAY FOR CONSTRUCTION OF THE
FORCE MAIN.
A MOTION PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEEVILLE, ARKANSAS:
SeCtiOta. That the City umncil hereby expressed its intent to sell to the City of
Springdale, Arkansas a parcel of land approximately 100 feet by 215 feet, approximately 1/2
acre, located west of Highway 265 and north of Clear Creek Road and also a 30 foot easement
along the highway for construction of the force main. The consideration for such conveyance
shall be at the current appraisal value.
PASSED AND APPROVED this fi_WIday of AUGUST; 1994.
ATTEST:
By:
Cifar4 ILL
Traci Paul, Interim City Clerk
APPROVED:
BY:
rd ., 4. fa P i••4 1r -
Frei Hanna. Mayor
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CONTRACT OF SALE
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This Contract of Sale is entered into this day of 1994 by
and between the City of Fayetteville, hereinafter referred to as "Seller" and the City of
Springdale, acting by and through its Water and Sewer Commission, hereinafter referred
to as "Buyer".
WITNESSETH:
In exchange for valuable consideration and the mutual covenants and agreements
hereinafter set forth, the parties hereto do hereby agree as follows:
1. PROPERTY: The Seller agrees to sell and the Buyer agrees to purchase the
property described in Exhibit "A" attached hereto and incorporated herein by reference.
2. EASEMENTS: Seiler shall grant to Buyer an exclusive easement for
sewer lines, the form of which and the property so encumbered is contained in Exhibit
"B" attached hereto and incorporated herein by reference.
3. PURCHASE PRICE. The parties agree that Buyer shall pay Ten
Thousand Dollars ($10,000.00) per acre, for the property described in Exhibit "A" and the
easement property described in Exhibit "B". The exact purchase price shall be computed
once the amount of acreage is agreed to by the parties as determined by need of the
Buyer as recommended Buyer's consulting engineer and the survey is completed.
4. PAYMENT TERMS: The purchase price as set forth in the foregoing
paragraph shall be paid by the Buyer to the Seller on the closing date.
5. TITLE AND OTHER DOCUMENTS: On the date of closing as hereinafter
defined, the Seiler sha'I provide the following documents:
a. A warranty deed to the above described property, naming the Buyer as
grantee thereon, which, when delivered to the Buyer will vest a marketable
title to the Buyer, subject only to roadways, easements and restrictive
covenants of record, if any.
b. Seller agrees to execute other documents as may be necessary to
effectuate the purposes of this contract.
6. TITLE TO PROPERTY: Within ten (10) days of the date hereof, the Seller
shall diver to the Buyer a complete abstract of title to the above descnbed lands, certified
to current date by a bonded abstracter and reflecting a merchantable title to the above
described lands vested in the Seller subject only to roadways and easements of record,
if any. In the alternative, if Buyer elects to procure title insurance, it shall advise Seller of
the company from whom insurance shall be sought and the Seller shall be relieved of
provided a current abstract, but shall cooperate in seeking the commitment.
7. EXAMINATION OF ABSTRACT: The Buyer shall have ten (10) days from
the receipt of said abstract in which to have it examined by an attorney. If the examining
attomey, or the commitment, in the event a title commitment has been obtained in lieu
of examination of the abstract, should make any reasonable and valid requirement to
perfect such merchantable title in said lands, then the Seller shall have a reasonable time
not to exceed sixty (60) days in which to meet such requirements.
8. CLOSING DATE: Wrthin five days of the date that title to the above
described land is approved by the Buyer's attorney, or a title commitment is received and
all conditions contained therein are met to the satisfaction of the issuing company, the
closing of this contract shall occur At such time the Buyer shall pay the purchase pnce
as provided above and the Seller shall provide to the Buyer and executed warranty deed.
9. TAXES: The parties agree that the real estate taxes on said property
shall be paid as follows:
a. Taxes for the 1993 and prior years shall be paid by the Seller.
b. Taxes for the year 1994 (payable in 1995) shall be paid by the Buyer.
10. CLOSING COST: The Buyer agrees that all closing costs listed as follows
shall be borne by the Buyer:
a. Surveys;
b. The cost of the preparation of the deed and other legal documents
necessary for closing;
c. All recording fees:
d. Real estate taxes as provided above;
e. Costs of title opinion or title insurance; and
f. Buyer's pertion of revenue stamps, if any.
11. POSSESSION: The Seiler agrees to deliver possession of the above
described property to the Buyer on the closing date.
12. SPECIAL CONSIDERATION: The parties agree that the property is to
be used by Buyer for a pump station site. In its construction and use of the pump
station, Buyer agrees:
a. to install an appropriate system of odor control;
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b. to install standby power capable of operating the station over an extended
period of time in the event of power failure;
c. to develop and implement an erosion control plan during construction of
the pump station;
d. to provide power to a nearby manhole to permit Seller to monitor flows in
a manner acceptable to Seller.
e. in the event that conditions warrant (for example: increased flows, repeated
high level alarms, actual overflow events, etc.,) to enter into discussions with
the Seller to determine the appropriate remedial actions that might be
necessary to prevent the re-occurence or future occurence of overflows.
Such remedial action shall be based on a mutual agreement between Buyer
and Seller.
13. COMPLETE AGREEMENT: It is agreed that neither party hereto is
relying upon any oral or written information or representations made by the other prior
to the signing of this contract unless expressly provided herein, and that this contract
constitutes the entire agreement between the parties and same shall not be hereafter
amended or modified unless reduced to writing and signed by the parties hereto.
14. BINDING EFFECT: This agreement shall be binding upon and shall inure
to the benefit of the parties hereto, their successors and assigns.
IN WITNESS WHEREOF, the Seller and Buyer have executed these presents by
their respective authorized representatives, having been authorized to do so by
appropriate resolutions of their respective governing bodies.
City of Fayetteville
By
ATTEST:
Springdale Water & Sewer Commission
City of Springdale, Arkansas
Rene Langston, Executive Director
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