HomeMy WebLinkAbout134-94 RESOLUTION•
▪ I -I
c RECORD
'94 DEC 13 API 8 'IS
RESOLUTION NO. 134 - 94
WASh,Nu:uN GO AR
A. 'COLI MPTP
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE AND THE FAYETTEVILLE
BOARD OF EDUCATION FOR THE UPTOWN
SCHOOL/NAVAL RESERVE CENTER REAL, ESTATE
EXCHANGE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby approves the agreement for real estate exchange
between the City and the Fayetteville Board of Education, and authorizes the mayor and city
clerk to execute such agreement for the Uptown School/Naval Reserve Center exchange of
properly. A copy of the agreement is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 7th day of December 1994.
ATTEST:
By:�CI['C.
Traci Paul, City Clerk
1
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APPROVED:
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By. t,d ✓:.-•-
Fred Hanna, Mayor
94072527
EXHIBIT A
CONTRACT FOR EXCHANGE OF REAL ESTATE
Qecem er
THIS AGREEMENT made 7 , 1994, between Fayetteville School
District No. 1, hereinafter called DISTRICT, and City of Fayetteville, hereinafter called
CITY.
WITNESSETH:
1. Transfer by Fayetteville School District No. 1. DISTRICT agrees to sell and
convey to CITY all that certain real estate situated in Fayetteville, Washington County,
Arkansas, to -wit:
Part of Lots Three (3). Four (4), Five (5), and Six (6), Block
Nine (9), Onginal Town Plat, City of Fayetteville, Arkansas, and
known as the Uptown School, 108 North West Street.
2. Transfer by City of Fayetteville. CITY agrees to sell and convey to DISTRICT all
that certain real estate situated in Fayetteville, Washington County, Arkansas, to -wit:
Part of the Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 26, Township 16 North, Range 30
West, City of Fayetteville, containing approximately 1.83 acres,
and known as the Naval Reserve Center, 800 South Church
Street.
3. Conditions. This contract is expressly conditioned on (a) approval by CITY of a
lot split for the subject property and, (b) issuance by CITY of a permit to occupy the
premises.
4. Encumbrances. DISTRICT represents to CITY and CITY represents to
DISTRICT that there are no mortgages, liens, or other encumbrances, recorded or
unrecorded, against the subject properties, save for restrictive covenants and zoning
ordinances affecting the use of the subject properties.
5. Taxes. All real estate taxes and special assessments, if any, on both subject
11• ILA OttALCU LI ICAL LI y uC LI .try Ell ..n.y W.. -Vii) ., I 1 ClyCL.CV11IC. ell nal .!pen N.,ICAI .. I L11 IU
are duly authorized in their respective capacit es to execute the foregoing instrument for and in the name and behalf
of said :municipal corpo•ation. and `,yther stated and acknowledged that they had so signed, executed arc del vered
said instrument for the consideration uses and purposes therein mentioned and set forth
WITNESS my hand and seal on this !`� day of t , 199 `-)
-41-% ii1A14
N :tary public
MY COMMISSION EXPIRES:
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RESOLUTION NO. 134-94
4 RtaCLL)If>N APPRO.
Ir.d AN AGRFrVI IT AF-
VEEN 111r C TV r)F FA'-
••tVI_rt ANO 'rr rA'
1.:1 TtV LLI ROARO
EUJCAIION rep r IT u°
TOWN SCI -O01 ;NAVAL
RESERVE CENTER 1I1A.
l STAlf rx::I•ANIAI
BE IT ArSOLVED BY THE
CITY COL NCIL OF THE
CITY OP !AYETTEVILLE.
ARKANSAS
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e 1 , v wry rponrv,tw 11 e
noiro,nor: 'vr pea site:e
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PASSED AND APPROVED
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S I ATE I )F ARKANSAS
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t'o''n:y of Washington
,
1. • -3 .� , hereby cer-
ti:y that I .un the publisher of THEENORTIJWEST ARKANSAS TLbMhS a daily
newspaper having a second class mailing privilege. and De: ng not :ess than :our pages of
five c.31uninb each, published al a fixed place of business and at a fixed (daily. uitervals
cencnuou 1) is the City of Payetieville, Cuun:y of Vr ashmgt: n, Arkansas for m: re than
apeiild of twelve months, cacula:ed and distributed froman established placeof business
yi subscribers and readers generally of all classes in the City and Coun:y Sy a def niteprce
fo: each copy. or a fixed price per annum which price was fixed at what :s consicered the
value of the pubiiaatiicc, based upon the news value and service value con:ams. that a:
.east 'Pity percent of the subscribers thereto have paid cash fer their suh.criptions to the
newspaper o: it, agents or thr.+ugh recognized news dealers over a period of at least six
n•units and that the said newspaperpublishes an average of more Ihan forty percent new,
matter.
l firt7er .e'ti•, that the legal notice hereto attached in the matter of
t_1- X51,- !
was published in the regular JaLy-1ssae .1 said newspaper tcr
:oasecJl•ve me• -.ons as follows:
l:x frr,t insert i.:e on the �. • ..
the second mser:iur. on the
:he :Irnd insertion on the
and the fourth inseam on the
RECEIVED
JAN OF E25
FINANCE DEPT.
las of 19 15
day o: 19
day o: 19
day of :4
Pu!lishe: / Genera] M inager
Swnm lo and subscribed heft -re me on Ihis ' - da, of
My ('orcin lss.on Expires:
Fee. for Prmt.ng S
('vs: ; f Printf _
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WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS.
'95 •1L?; 12 ill
4r74aw
10 19
W,i . • v0 AR
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That Fayetteville School District No. 1, by its President and Secretary, hereinafter
called Grantor, for and in consideration of the sum of One Dollar ($1.00) and other gooa
and valuable consideration in hand paid by the
City o' Fayetteville, Arkansas
hereinafter called Grantee, does hereby grant, bargain and sell unto the said Grantee and
Grantee's successors and ass.gns, the following described land situate in Washington
County, State of Arkansas, to -wit:
A part of Lots 3 4, 5 and 6 of Block 9, of the origiral plat of the
Town (now City) of Fayettevil'e, Arkansas described as
beginning at the NW corner of said Bloca 9; thence North 89
degrees 27 minutes 19 seconds East 155.00 feet; thence
South 0 degrees 04 minutes 28 seconds East 151.50 feet;
thence North 89 degrees 27 mm.,tes 19 seconds East 6 00
feet. thence South 0 degrees 04 minutes 28 seconds East
92.13 feet. thence along re South line of the N 1/2 of the SW
1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West
161. 76 feet; thence North 0 degrees 06 minutes 07 seconds
East 92 88 feet to a port North 11 feet and 5 inches of tre
South line of the N 1/2 of Block 9; thence North 0 degrees 06
minutes 07 seconds East 151.50 feet to re point of beginning.
LESS AND EXCEPT a 15 foot strip described as Deginning at
the NW comer of Block 9; thence North 89 degrees 27 minutes
19 seconds East 15 feet; thence South 0 degrees 06 minutes
07 seconds West 15' 5C feet; thence Sou:h 89 degrees 27
minutes 19 seconds West 45 feet: thence North 0 degrees 06
minutes 07 seconds East 151 50 feet to the point of beg nning.
TO HAVE AND TO HOLD t' -e said lands and appurtenances thereunto belonging
unto the said Grantee and Grantee's successors and assigns, forever- And said Grantor
hereby covenants with the said Grantee that it s 'awfully se zed cf said .and and premises,
that the same is unencumbered, and rat it will forever warrant and defend the tit'e :o the
said lands against all legal claims whatever.
95028605
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IN TESTIMONY WHEREOF, :he name of the Grjr;tor is hereunto affixed by its
President and its seal is affixed by its Secretary this 3/ — day of May 1995
THIS INSTRUMENT PREPARED BY:
Rudy Moore, Jr., P.A.
Attorney at Law
P. O. Box 580
Fayetteville, Arkansas 72702
FAYETTEVILLE SCHOOL DISTRICT#1
ACKNOWLEDGMENT
STATE OF ARKANSAS
) ss.
COUNTY OF WASHINGTON)
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On this ?/day of May, 1995, before me, a rotary public, qualified and acting
within and for the said county and state. appeared i" person the within named Jeff Koenig
and David Wilson tc me peesonally known, w"o stated that they were the President and
Secretary of the Fayetteville Schcol District No 1, and were duly authorized in their
respective capacities to execute :he `oregoing instrument for and in the name and behalf
of said corporation, and further stated and acknowledged that they had so sigred, executed
and delivered said instrument for the consideration, .,ses and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I "e-eunto set my p..` . off' I seal this - day
of May, 1995.
My r{r}aritCCouhty, Ai Public
as mgton Cou ty, Arkansas
My Commission Expires 3/2/2004
Notary`
2
95028606
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COM MEI MENT FOR "TITLE 1NSIRANCI:
'ss. 11) BY
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First American Title Insurance Company
( ahfiwnta:mporaubn. ht rem ailed aw (4.min:it...for a valuable consider at m.here') rein':;;sto:.' ueu.S
punt y (•r phlieie., 01 tutu insteranre as uden'r/.ed of S'. hedute:1. in Ian., of the proposed Gnu red manned in Schedule
A, as ou ner or mortgagee of the eatate..1 interest c of Bred hereh 1 in the land des(' hed or referred u' rn Schedule 4,
upon payment afthe pretmam aid. barge, therefor; alt suhin t to the pros chum of Sthedule., A and Band to t/te
( ndttu'ns and Ss pulmeon' herr
17hS Commitment ,hall he (•1;e: rite milt when the identitl of the prapr,se•a Insured and the amount o/ :he
pun;:nrpoliciescanmrtrtu•eilorhaiebeet:rnsertedn;Senedule.4herealhtthe(ontpan' either al the time (•f the
.s quint.•e of Mi., (':'nmuurnnt or hr.suhsequent envie'rsement
1 his Comm mnerm :, preununars to 1/w e, sumr: e nt .,ut h pnlh't Or pOhrieS of title Insurance and all liabili; s and
ohlrgartom hereunder ,nail cease wtd ter":mare n 1111 t t (401 days alter dto elle( lily date ht reot ur :then ;he p.. h:. or
pule re'., c omntuted for 'hall 's vu , 's lit. het er ‚/11(1o.. un. provided mat the ,l athue 10 Issue t ugh poi:. 1 ., r policies i..
not the fault of the await:.
This Comnuunent shah not he laird o' hurt: r, e m e t' l ; 'tat ter., ipled new IC h r a I "anda tut ¢ e N fn er or .4 tent.
1\ it) 1 \ 1.47/1.1?h(>b. hew Amer.( at: Pile Inuran.e(omq'anI has alesedns...r; jre name and sea/
I() he hereumo alt:ved 1'..;s duh atm/rhea Qtly ern nn ore dare sl'ote n m .S: hedule A.
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Authorized Signature, AA. Agent • j.. Gn ll
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IIRS1:11fIRA 4NI11I.i:INS( R4V F.(O11P1\}
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3 . FI• [MBIA 24 : ; ATTEST:
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Protideli
11/41..- 6.
C()\I)l Floss ANI) S l IPC[.A 1 IONS .ti,,,,,r,,,.v
1. l he term mortgage. when used herein, shall inc.ude deed ot :rust. trust deed. or either security instrument.
2. 11 the proposed Insured has or acquires actual knowledge of any delect, lien. encumbrance. ads,erse claim or
other mattera:fect.rg the estate or Interest or mortgage thereon emcrcd by this Commitment other than those
shown in Schedule 13 herecl, and shall tall to disclose such knowledge to the Company .n w riling.. the Company
shall he relieycd from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shad disclose such
knowledge to the Company or d the Compan otherwise acquires actual knowledge of any such defect. lien.
encumbrance, adserse claim or other matter. the Company at its option :nay arnend Schedule R of this
Commitment accordingly. hut such amendment shall not reliese the Compan% f: on: liability previous:y ince; i ed
pursuant to Paragraph 3 al these Conditions and Stlpu:atrons.
3. 1 lability of the Company under this Commitment shall be only to the named proposed insured and such
parties included under the definition of In,.ired in the form of policy or policies committed for and only for
actual loss Incurred in reliance hereon :n undertaking in good tarth (a) to comply with the requirements hereof. or
(b) to eliminate exceptions shown .n Schedule B, .:r lc) to acqui;e of create the estate or interest or mortgage
thereon CO\ Crec by this Commitment. I n no ex, ent shall such liability exceed the amount stated in Schedule A for
the policy or policies committed for and such habil.ty is subject to the insuring pros, inions and the Conditions and
Stipulations. and the exclusions from cnycragc of the to.m of policy or policies committed for Ir. favor of the
proposed Insured w hich are hereby incorporated by rete. -once and are made a part of this Commitment except as
expressly modified herein.
4 Any action or actions or right, ni action that the proposed Insured may hay. or may hang against the
Company arising out ot the status of :he title to the estate or interest or the status of the mortgage :hereon
covered by this Commitment must be based on and are subject to the pro%isions of this Commitment.
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT -1966
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WO
AMERI
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ALTA Commitment -1970
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SCHEDULE A Commitment No.FATIC 95-6369
1. Effective Date: MAY 22, 1995 at 7:00 A. M.
2. Policy or Policies to be issued: Amount
ALTA Owner's Policy (Amended 10-17-70) $195,000.00
Proposed Insured:
THE CITY OF FAYETTEVILIE, ARKANSAS, a munic;pal corporation
ALTA Loan Policy- (Attended 10-17-70) $
Proposed Insured:
3. The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple.
4. Title to the fee simple estate or interest in said land is at
the effective date hereof vested in:
FAYETTEVILLE SCHOOL n'STRICT NO. 1
5. The land referred to in this Commitment is situated in the County of
WASHINGTON, State of ARKANSAS, and Is described as follows:
A part. of Lots 3, 4, 5 and 6 of B]nrk 9 of the original plat of the town (now
City) of Fayetteville, Arkansas, described as beginning at the Northwest
corner of said Block 9; thence North 89 degrees 27 minutes 19 seconds East
155.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet;
thence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0
degrees 04 minutes 28 seconds Fast 92.13 feet; thence along the south line of
the N 1/2 of the SW 1'4 of Block 9, South 89 degrees 11 minutes 30 seconds
West 1E1.76 feet; thence North 0 degrees 06 minutes 07 seconds Fast 92.88
feet to a point North 11 feet and 5 inches of the South line of the N 1/2 of
Block 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the
point of beginning, LESS AND EXCFPT a 15 fcot strip described as heginning at
the Northwest corner of Block 9; thence North 89 degrees 27 minutes 19
seconds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West
151.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet;
thence North 0 degrees 06 mintues 07 seconds East 151.50 feet to the point of
beg'nning.
COUNTERSIGNED BY:
BRONSON ABSTRACT COMPANY, INC.
28 EAST CENTER STREET
FAYETTEVILLE, AR. 72701
FIRST AMERICAN TITLE
INSURANCE COMPANY
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ALTA Commitment -1970
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SCHEDULE 8-I Commitment No.FATIC 95-6369
The following are the requirements to be complied with:
1. Payment to, or for the account of, the sellers or mortgagors of the full
consideration for the estate or interest to be insured.
2. Instruments in insurable form which mist be executed, de:_vered and duly
filed for record:
(al Warranty deed of insured prenisL's iron the Fayetteville School District
No. l to the City of Fayetteville, Arkansas, a municipal corporation.
BRONSON ABSTRACT COMPANY, INC.
28 EAST CENTER STREET
FAYETTEVILLE, AR. 72701
FIRST AMERICAN TITLE
INSURANCE COMPANY
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ALTA Commitment -1970 SCHEDULE B -II Commitment No.FATIC 95-6369
Schedule B of the policy or policies to he issued will contain exceptions
to the following matters unless *he same are disposed of to the satisfactLon
of the Company:
1 Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in rhe public records or attaching subsequent
to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage
thereon covered by this Commitment.
2 Rights or claims of parties in possession, boundary line disputes,
overlaps, encroachments, and any other matters not shown by the
public records which would be disclosed by an accurate survey and
inspection of the land described in Schedule A.
3 Easements, or claims of easements, not shown by the public_ records.
4 Any lien, or right to a lien, for services, labor or material heretofore
of hereafter furnished, imposed by law and not shown by the public
records.
5 Taxes or assessments which are not shown as existing liens by either
the public records or the records 1.f any taxing authority that levies
taxes or assessments on real property.
6 Zoning ordinances, resolutions, lot split or lot line adjustment
regulations, and subdivision requirements of the municipality or
county in which the insured premises is located.
7 General Taxes for the year 1995 and subsequent years not yet due
and payable.
8 Subject to that portion of insured premises lying within the alleyway as
shown on the plat of. ::u-vey by Douglas G. Hemingway dated 5:1'95.
BRONSON ABSTRACT COMPANY. INC.
28 EAST CENTER STREET
FAYETTEVILLE, AR. 72701
FIRST AMERICAN TITLE
INSURANCE COMPANY
110.
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FLED FOR RECORD
• '99 DEC 13 RSI 8 Is
WASHINGTON CO AR
A,KOLLMEYER
RESOLUTION NO. 134 - 94
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF FAYETTEVILLE AND THE FAYETTEVILLE
BOARD OF EDUCATION FOR THE UPTOWN
SCHOOL/NAVAL RESERVE CENTER REAL ESTATE
EXCHANGE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby approves the agreement for real estate exchange
between the City and the Fayetteville Board of Education, and authorizes the mayor and city
clerk to execute such agreement for the Uptown School/Naval Reserve Center exchange of
property. A copy of the agreement is attached hereto marked Exhibit "A" and made a part
hereof.
PASSED AND APPROVED this 7th day of December , 1994.
ATTEST:
By: /JL2L!tJ ad,
Traci Paul, City Clerk
1 I11P11111t11
; 1..... •s
SEAT.
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APPROVED:
By:
red Hanna, Mayor
94072527
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CONTRACT FOR EXCHANGE OF REAL ESTATE
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THIS AGREEMENT made oweabor 7 , 1994, between Fayetteville School
District No. 1, hereinafter called DISTRICT, and City of Fayetteville, hereinafter called
CITY.
WITNESSETH:
1. Transfer by Fayetteville School DGstrict No. 1. DISTRICT agrees to sell and
convey to CITY all that certain real estate situated in Fayetteville, Washington County,
Arkansas, to -wit:
Part of Lots Three (3), Four (4), Five (5), and Six (6), Block
Nine (9), Original Town Plat, City of Fayetteville, Arkansas, and
known as the Uptown School, 108 North West Street.
2. Transfer by City of Fayetteville. CITY agrees to sell and convey to DISTRICT all
that certain real estate situated in Fayetteville, Washington County, Arkansas, to -wit:
Part of the Northwest Quarter (NW 1/4) of the Northwest
Quarter (NW 1/4) of Section 26, Township 16 North, Range 30
West, City of Fayetteville, containing approximately 1 83 acres,
and known as the Naval Reserve Center, 800 South Church
Street.
3. Conditions. This contract is expressly conditioned on (a) approval by CITY of a
lot split for the subject property and, (b) issuance by CITY of a permit to occupy the
premises.
4. Encumbrances. DISTRICT represents to CITY and CITY represents to
DISTRICT that there are no mortgages, liens, or other encumbrances, recorded or
unrecorded, against the subject properties, save for restrictive covenants and zoning
ordinances affecting the use of the subject properties.
5. Taxes. All real estate taxes and special assessments, if any, on both subject
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properties due and payable for 1993 and prior years shall be paid by the respective owner
and same shall be pro -rated for 1994 and shall be paid by the respective owner.
6. Conveyance. Unless otherwise specified, DISTRICT shall convey to CITY and
CITY shall convey to DISTRICT by general warranty deed, subject only to recorded
instruments and easements, if any, which do not materially affect the value of the property.
7. Title Requirements. CITY shall furnish, at CITY'S expense, a complete abstract
of title, or, alternatively, a policy of title insurance, reflecting merchantable title satisfactory
to DISTRICTS attomey. If objections are made to title, CITY shall have a reasonable time
to cure any defects.
DISTRICT shall furnish, at DISTRICT'S expense, a complete abstract of title, or,
alternatively, a policy of title insurance, reflecting merchantable title satisfactory to CITY'S
attorney. If objections are made to title, DISTRICT shall have a reasonable time to cure
any defects.
8 Closing. The closing shall be held at the offices of DISTRICT on or before thirty
(30) days from the date hereof. Possession of the respective properties shall be delivered
upon the closing date.
9. Expenses. Abstracting, title insurance, closing fees, document preparation,
recording fees, real estate transfer taxes, and other expenses shall be paid by the party
customarily required to pay such expenses.
10. Default. In the event of default by either DISTRICT or CITY, the parties shall
have all remedies available at law or in equity.
11. Entire Agreement. All understandings and agreements between the parties are
merged in this contract, which alone fully and completely expresses their agreement, and
2
the same is entered into after full investigation, neither party relying upon any statement
or representation, not embodied in this agreement made by the other.
12 flinding Effect. The stipulations herein contained shall apply to and bind the
successors and assigns of the respective party.
IN WITNESS WHEREOF, this agreement has been executed by the parties on the
date first above written.
67A/Vj 221./ li
Traci Paul, City Clerk
CITY OF FAYETTEVILLE
Fred dainnal Mayor
likin,
FAYETTEVILLE SCHOOL DISTRICT #1
David Wilson, . ecr= ary
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RESOLUTION NO. 134-94
A RESOLUTION APPROV.
NG AN AGREEMENT BE-
TWEEN THE CITY OF FAY-
ETTEVILLE AND THE FAY-
ETTEVILLE BOARD OF
EDUCATION FOR THE UP
TOWN SCHOOL/NAVAL
RESERVE CENTER REA.
ESTATE EXCHANGE.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,
ARKANSAS
Section 1. That the Coun-
cil hs-eby approves the
agreement for real estate
exchange between the City
and the Fayetteville Board
of Education enc authorizes
the Mayor and City Clerk to
execute such agreement 'or
the Uptown School/Neva
Reserve Center exchange
of property. A copy of the
agreement ,s attached
'terato narked Exhbd "A"
end made a part hereof.
PASSED AND APPROVED
this 7th day of December,
1994.
APPROVED;
By: Fred Hanna, Mayor
ATTEST:
By: Trail Paul
City Clerk
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STATE OF ARKANSAS
fW J}
County o Washington
ington
r
Jr. ' r. ``t' :J)TLLti 4- hereby cer-
tify that 1 am the publisher of THE"NORTHWEST ARKANSAS TIMES, a daily
newspaper having a second class mailing privilege, and being not less than four pages of
five columns each, published at a feed place of business and at a fixed (daily) intervals
continuously in the City of Fayetteville, County of Washington, Arkansas for more than
a period of twelve months, circulated and distributed from an established place of business
to subscribers and readers generally of all classes in the City and County fora definite price
for each copy, or a fixed price per annum, which price was fixed at what is considered the
value of the publication, based upon the news value and service value it contains, that at
least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
newspaper or its agents or through recognized news dealers over a period of at least six
months; and: that the said newspaper publishes anaverage ofmore than forty percentnews
matter.
ss.
I furth jertifye that the legal notice hereto attached in the matter of
1
was published in the regular daily issue of said newspaper for
consecutive insertions as follows X
C SIJ
The fuT first insertion on the •ii Al& (. i t. day of 19 _
the second insertion on the
the third insertion 00 the
and the fourth iiiaertion on the
RECEIVED
JAN 05 1995
FINANCE DEPT.
day of 19
day of 19
day of 19
Publishes / General Manager
Sworn to and subscribed before me on this - r day of
J
My Commission Expires:
19`1`3
- •-; - 1 : l r. l
L
Fees for Prinung S `i Li . �' C
Cost of Proof S
Total S Ulf . QC;
Notary Public
'till 1`Lv'L
' �LE
THE CITY OF FAYETTEVILLE ARKANSAS •
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DEPARTMENTAL CORRESPONDENCE
DATE: June 13, 1995
TO: Jerry Rose, City Attorney
FROM: Ed Connell, Land Agent lie,/
RE: Fayetteville School District # 1
Property Exchange
Uptown School/ Naval Reserve Center
Please find attached a recorded copy of Warranty Deed 95-28605 which conveys the
Uptown School property to the city. The original of this deed has been given to the City
Clerk for keeping.
Also please find a Title Insurance Commitment in the amount of $195,000 from
Commonwealth Land Title Insurance Company issued through Washington County Abstract
& Title Company, Inc as Commitment No. 84048 -CW -2108 -HB to be issued in the name
of Fayetteville School District #1 coveting the City's Naval Reserve Center property. This
commitment should be forwarded to Mr. Moore. We have already sent to WACO a copy
of the Lease Termination on this property from the U. S. Government (Item d in Schedule
B Section 1).
Please let me know if there are any other actions required to finalize this transaction.
•
•
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
FILED FOP. RECORD
'95 JON 12'Rfl1019
WASE, Nu, ,y CO AR
K. HARNESS
That Fayetteville School District No. 1, by its President and Secretary, hereinafter
called Grantor, for and in consideration of the sum of One Dollar ($1.00) and other good.
and valuable consideration in hand paid by the
City of Fayetteville, Arkansas
hereinafter called Grantee, does hereby grant, bargain and sell unto the said Grantee and
Grantee's successors and assigns, the following described land situate in Washington
County, State of Arkansas, to -wit:
A part of Lots 3, 4, 5 and 6 of Block 9, of the original plat of the
Town (now City) of Fayetteville, Arkansas described as
beginning at the NW corner of said Block 9, thence North 89
degrees 27 minutes 19 seconds East 155.00 feet, thence
South 0 degrees 04 minutes 28 seconds East 151.50 feet;
thence North 89 degrees 27 minutes 19 seconds East 6.00
feet; thence South 0 degrees 04 minutes 28 seconds East
92.13 feet; thence along the South line of the N 1/2 of the SW
1/4 of Block 9 South 89 degrees 11 minutes 30 seconds West
161. 76 feet, thence North 0 degrees 06 minutes 07 seconds
East 92.88 feet to a point North 11 feet and 5 inches of the
South line of the N 1/2 of Block 9; thence North 0 degrees 06
minutes 07 seconds East 151.50 feet to the point of beginning;
LESS AND EXCEPT a 15 foot strip described as beginning at
the NW comer of Block 9; thence North 89 degrees 27 minutes
19 seconds East 15 feet; thence South 0 degrees 06 minutes
07 seconds West 151.50 feet; thence South 89 degrees 27
minutes 19 seconds West 15 feet; thence North 0 degrees 06
minutes 07 seconds East 151.50 feet to the point of beginning.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging
unto the said Grantee and Grantee's successors and assigns, forever. And, said Grantor
hereby covenants with the said Grantee that it is lawfully seized of said land and premises,
that the same is unincumbered, and that it will forever warrant and defend the title to the
said lands against all legal claims whatever.
95028605
IN TESTIMONY WHEREOF, the name of the Grl'or is hereunto affixed by its
President and its seal is affixed by its Secretary, th s '5(day of May, 1995
THIS INSTRUMENT PREPARED BY.
Rudy Moore, Jr., P.A.
Attorney at Law
P O. Box 580
Fayetteville, Arkansas 72702
FAYETTEVILLE SCHOOL DISTRICT #1
ACKNOWLEDGMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON)
On this day of May, 1995, before me, a notary public, qualified and acting
within and for the said county and state, appeared in person the within named Jeff Koenig
and David Wilson, to me personally known, who stated that they were the President and
Secretary of the Fayetteville School District No. 1, and were duly authorized in their
respective capacities to execute the foregoing instrument for and in the name and behalf
of said 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 TESTIMONY WHEREOF, I hereunto set my? offs, -1 seal this day
of May, 1995.
My trAtti 'c X Public
as ngton ouhty, Arkansas
My Commission Expires 3/2/2004
Nota
2
95028606
1
•
4111111
WARRANTY DEED
MUNICIPAL CORPORATION
BER KNOWN BY TNEBE PREBEND);
THAT the CRY OF FAYETTEVI LE, ARKANSAS, a municipal carpo'
salon. hereinafter sled GRANTOR, for and in coSdsglon of is sum of One
Dollar ($1.00) and other good and valuable cerugderadon, De realpt Meath
le heraby admowWdgsdi don hereby oro,. barge. gel .,d corway unto
FAYETTEVILLE aCHOOL armor No.1, hargYuttr Glad GRAMEE, and
unto Grantee's successors and arlpn, the following described lend, .hate In
Washington Cavity. State of Arkansas, towltA
Toprt of dia .sere 1Northeast Maar* (NEN) of the Northeast Ouster(NE%) of Section Twenty -One (21).
Runge Dirty (30)
described
Commencing at tie Northwest comeroai m40x0 eve boat thence South 00' 0' r Wes along104VIttlu
West line of said e0 re tract 37800 feet to the Poker of Beginnet; tuna Borah 00' 06' 2r West
along said West lore 200.00 feels theta East 400 feet thence Nutt 200 feet thence West 32116 fan
to the Point of Begirnhig, containing 1.B4 scree, Tram W ler,
TO HAVE AND TO FOLD the mid lands and appurtenances t wevao belonging um- •`n said Grantee and
Di rhea successors and aaeans. lager. And the saki Granter, hereby oownams Ow It le lawfully salad of said
lends and premise: Met the sou Is u inournbend. and that the Grantor will forever warn= and defend do tide to
the said lands maths all legal deem w?eWr.
41111
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STATE OF ARKANSAS
comm. OF WASHINGTON
ACKNOWLEDGMENT
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as
SE R REMEMBERED, that on this day env before the undersigned, a Notary Public, widdn and for the Gbu ly
aro Stem toresat. duty cardelawd and actin 2. peraouSly N0peered, Fred lien. mixt Trod Pad, to me wee ketol.
who authorized t ere Mayor and City Cleric of to City of Fayetteville, Aransas. a municipal corporation. and
are duty of els maiebab raapesve spam.. to execute the foregoing inhumes Mr and h the name end behalf
.me id munrent l omprato, and further sated and adaowledasn that thy bad so *'spud, erreaasd and delivered
r the octhSOrson, uses and papoose therein ,,-.Sand and ,rd.
fa
WITNESS my hand and seal on tele 191+dry of tercfREEIL 1011S__,
1
Notary Public
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ENE CITY OF FAYETTEVILLE. ARKANSAS
I
DEPARTMENTAL CORRESPONDENCE
DATE: January 23, 1995
TO: Jerry Rose, City Attorney
FROM: Ed Connell, City Lard Agent).
RE: City of Fayetteville / Fayetteville School District #1
Property Exchange
Naval Reserve Center / Uptown School
In accordance with letters from Mr. Rudy Moore, Jr., attorney for the School District, dated November
10 and November 23, 1994, certain conditions were required of the City in order to effect the exchange
of the subject properties between the City and the School District. I believe the City is ready to make
the exchange now that we have the following documentation in hand:
1) Resolution No. 134-94, by the City Council of the City of Fayetteville, AR
approving the execution of an agreement between the parties for the
exchange of real estate. This document has been executed by the Mayor.
2) Contract For Exchange of Real Estate, in duplicate, dated December 7,
1994, between the parties for the exchange of said real estate. Duplicate
documents have been signed by both parties.
3) Conunitment for Title Insurance, Commitment No. oI84048-CW-2108-HB
by Commonwealth Land Title Insurance Company in the name of the
Fayetteville School District #1 for the land conveyed by the City of
Fayetteville.
4) Owner's Affidavit, dated December 15, 1994, and signed by the Mayor as
to the status of any possible encumbrances against the title being conveyed
by the City. This document should he returned to Washington County
Abstract Company.
5) Warranty Deed, dated December 15, 1994 and executed by the Mayor,
unrecorded, which conveys the subject City owned property to the School
District.
6) Survey, dated November 11, 1994, by Alan Reid & Associates, of the
property being conveyed by the City.
7) Notification from the City Planning Conunission, dated January 18, 1995,
that the petition for a lot split for the creation of an estate or tract as
conveyed by the City, was approved on November 28, 1994.
January 23, 1995
Jerry Rose
Page 2 of 2
8) Notification from the City Planning Commission, dated January 18, 1995,
that the petition for conditional use (Use #4), under the current R-2
zoning, had been granted on January 9, 1995, for the property being
conveyed by the City.
9) Certificate of Occupancy, dated January 9, 1995, for the property being
conveyed by the City.
I believe all of the City documentation is in order for the actual closing of this transaction with
the School District.
What the City is receiving in the Uptown School property is not known as we have received
little to no information from Mr. Moore. Before we implement the transaction, I believe we should
have in hand or check into the following:
o review a copy of their proposed Warranty Deed
o We have
seen all
kinds of figures as to exactly how
much acreage is
involved
with the
Uptown School (from 0.5 acre to 1.25
acres).
have a copy of the title commitment (assuming that they did request that
title insurance be written in the name of the City)
Is it not too late to request a survey be performed on that area being
conveyed to the City?
It is also noted that an area of 15 feet by 148 feet, which fronts West Street (148 ft.), (SEE
ATTACHED PLAT) on the south side of Spring Street (15 ft.), is only presumed to be owned by the
School District. The School District deed (Book 1050 at Page 501) excludes the above mentioned part
of Block No. 9, which was sold to the St. Louis and San Francisco Railroad Co. in 1907 (Book 114 at
Page 501 - see attachment) for railroad purposes and then later abandoned with the property reverting
to the heirs and assigns of the original grantor. Since the School District is the current title holder of
Lot No. 4 of Block No. 9 of the Original Town Subdivision to the City of Fayetteville, from which the
above mentioned strip of land originally derived, it could be concluded that when the railroad
abandoned the right of way, the land reverted to the normal chain of title. The City should decide just
what they want to do (Quite Title ?) about this situation before the area is converted into a parking
lot, or ignore it and go ahead with utilizing the land.
Since Mr. Moore seems to prefer attorney contact on these matters, I leave such correspondence
in your hands. We remain ready to assist in every way possible.
EDC/kd
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
a California corporation, herein called the Compan:; for a valuable consideration, hereby commits to issue its
police• or policies of title insurance. as identified in Schedule A, in fa vor of the proposed Insured named in Schedule
A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,
upon payment of the premiums and charges therefor: ail subject to the provisions of Schedules A and Band to the
Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed insured and the amount of the
policy or policies comet ittedfor have been inserted in Schedule A hereof by the Compan), either at the time of the
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance ofsuch policy or policies of tide insurance and all liability and
obligations hereunder shall cease and terminate ninety (90) days after the effective date hereofor when thepo/icj or
policies commiiredfor shall issue. N hicheverfirsr occurs, provided that thefailure to issuesuch policy or policies is
not the fault of the Company.
This Commitment shall not be valid or binding until countersigned below hr a Validating Officer or Agent.
IN WITNESS WHEREOF, First American Title Insurance Compane has caused its corporte name and seal
to be hereunto affixed kilts its duly authorized officers on the date shown in Schedule A.
FIRST AMERICAN TITLE INSURANCE COMPANY
Authorized Signature, As Agent
f• �t5lE I*so
- O • O
SErltMPLI tl : e President
ISp
-t�l If aIN�*
CONDITIONS AND STIPULATIONS Mary
I. The term mortgage, when used herein, shalt include deed of trust, trust deed, or other security instrument.
2. If the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company
shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the
Company is prejudiced by failure to so disclose such knowledge. if the proposed Insured shall disclose such
knowledge to the Company or if the Company otherwise acquires actual knowledge of any such defect, lien.
encumbrance. adverse claim or other matter, the Company at its option may amend Schedule B of this
Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred
pursuant to Paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or
(b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage
thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for
the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and
Stipulations, and the exclusions from coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are madea part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon
covered by this Commitment must be based on and are subject to the provisions of this Commitment.
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT -1966
a
I %LTA Commitment -1970
SCHEDULE A
Effective Date: MAY 22, 1995 at 7:00 A. M.
?. Policy or Policies to be issued:
ALTA Owner's Policy (Amended 10-17-70)
Proposed Insured:
Commitment No.FATIC 95-6369
Amount
$195,000,00
THE CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation
ALTA Loan Policy (Amended 10-17-70) $
Proposed Insured:
The estate or interest in the land described or referred to in this
Commitment and covered herein is a fee simple.
Title to the fee simple estate or interest in said land is at
the effective date hereof vested in:
FAYETTEVILLE SCHOOL DISTRICT NO. 1
The land referred to in this Commitment is situated in the County of
WASHINGTON, State of ARKANSAS, and is described as follows:
• part of Lots 3, 4, 5 and 6 of Block 9 of the original plat of the town (now
'ity) of Fayetteville, Arkansas, described as beginning at the Northwest
orner of said Block 9; thence North 89 degrees 27 minutes 19 seconds East
55.00 feet; thence South 0 degrees 04 minutes 28 seconds East 151.50 feet;
hence North 89 degrees 27 minutes 19 seconds East 6.00 feet; thence South 0
egrees 04 minutes 28 seconds East 92.13 feet; thence along the south line of
he N 1/2 of the SW 1/4 of Block 9, South 89 degrees 11 minutes 30 seconds
est 161.76 feet; thence North 0 degrees 06 minutes 07 seconds East 92.88
eet to a point North 11 feet and 5 inches of the South line of the N 1/2 of
lock 9; thence North 0 degrees 06 minutes 07 seconds East 151.50 feet to the
oint of beginning, LESS AND EXCEPT a 15 foot strip described as beginning at
he Northwest corner of Block 9; thence North 89 degrees 27 minutes 19
econds East 15 feet; thence South 0 degrees 06 minutes 07 seconds West
51.50 feet; thence South 89 degrees 27 minutes 19 seconds West 15 feet;
hence North 0 degrees 06 mintues 07 seconds East 151.50 feet to the point of
eginning.
I OUNTERSIGNED BY:
RONSON ABSTRACT COMPANY,
8 EAST CENTER STREET
AYETTEVILLE, AR. 72701
INC. ffffffRRffR#fff##ffffR*f#*R*#Riff
FIRST AMERICAN TITLE
INSURANCE COMPANY
f fffR*#*****#f Rf #f Rf***#fff*f***R
I ALTA Commitment -1970 SCHEDULE B -I Commitment No.FATIC 95-6369
I The following are the requirements`to be complied with:
11. Payment to, or for the account of, the sellers or mortgagors of the full
consideration for the estate or interest to be insured.
2. Instruments in insurable form which must be executed, delivered and duly
filed for record:
Ca) Warranty
deed
of
insured premises
from the
Fayetteville
School District
No. 1 to
the
City
of Fayetteville,
Arkansas,
a municipal
corporation.
BRONSON ABSTRACT COMPANY, INC.
28 EAST CENTER STREET FIRST AMERICAN TITLE
FAYETTEVILLE, AR. 72701 INSURANCE COMPANY
.
kLTA Commitment -1970 SCHEDULE B -II Commitment No.FATIC 95-6369
;chedule B of the policy or policies to be issued will contain exceptions
:o the following matters unless the sane are disposed of to the satisfaction
)f the Company:
L Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage
thereon covered by this Commitment.
2 Rights or claims of parties in possession, boundary line disputes,
overlaps, encroachments, and any other matters not shown by the
public records which would be disclosed by an accurate survey and
inspection of the land described in Schedule A.
3 Easements, or claims of easements, not shown by the public records.
4 Any lien, or right to a lien, for services, labor or material heretofore
of hereafter furnished, imposed by law and not shown by the public
records.
5 Taxes or assessments which are not shown as existing liens by either
the public records or the records of any taxing authority that levies
taxes or assessments on real property.
6 Zoning ordinances, resolutions, lot split or lot line adjustment
regulations, and subdivision requirements of the municipality or
county in which the insured premises is located.
7 General Taxes for the year 1995 and subsequent years not yet due
and payable.
8 Subject to that portion of insured premises lying within the alleyway as
shown on the plat of survey by Douglas G. Hemingway dated 5/1/95.
BRONSON ABSTRACT COMPANY, INC. fffkfffff*f**f*ff*fffkf #fff*f# fk
28 EAST CENTER STREET FIRST AMERICAN TITLE
FAYETTEVILLE, AR. 72701 INSURANCE COMPANY
f*kf kffff*k#f*##*ffff*kkffffk**f*
Li
1 RUDY MOORE JR., P.A.
ATTORNEY AT LAW
P.O. BOX 680
=-rICE ADDRESS FAYETTEVILLE, ARKANSAS 72702-0580
1 NORTH EAST STREET
May 17, 1995
Mr. Jerry Rose
City Attorney
113 West Mountain
Fc; ettavil:e, Arkansas 72701
Re: Fayetteville School District No. 1 -
Uptown School Property
Dear Jerry:
'E.EP'-ONE (501) 521-7646
FAX (501) 443-2713
I am forwarding to you a survey prepared by Douglas G. Hemingway pertaining to
the Uptown School property. If. upon review, this survey is acceptable, then we need to
set a closing date for the exchange of the respective real properties. Please let me know
when you are prepared to proceed.
WRMjr/rch
Enclosure
cc: Mr. Roy Karr
1j ��
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SURVEY DESCRIPTION
A part of Lots 3.4.5 and 6 of Block 9, of the.- original plat
of the Town (row City) of Fayetteville, Arkansas described
as beginni.�g at the NW Corner of said Blo&k 9;
Thence N89 27119"E 155.00 feet; Thence SO 04'28"E 151.50 feet;
Thence N89°27119"E 6.00 feet; Thence S0°04128"E 92.13 feet;
Thence along the South lire of the NJ of the SW} of Block 9
S89 11'30"W 161.76 feet; Thence N0°06107"E 92.88 feet to a
point North 11 feet and 5 inches of the South line of the NJ
of Block 9; Thence NO°06107"E 151.50 feet to the point of
beginning. LESS AND EXCEPT a 15 foot strip descrilhied as
beginning at the NW Corner of Block 9; Thence N89 27'19"E
Thence 15 feet; 30°Thence 06'07"W 151.50 feet; 389 27'19"W
15 feet; Thence NO°06107"E 151.50 feet to the point of
beginning,
SURVEYOR'S CERTIFICATION
I hereby certify this day that I have comnieted a survey, as
described and shown hereon ✓_
D000ek'4S' 4. ffEM/N 1!'9Y/FL- ass
FAME TT Y/,LL E SCHOOL
SCALE: ON 40' APPROVED BY: DRAWN SY OH
DATE: S///9S REVISED
,dav�GA3 Cam. hEM/n/G`YAf PG. S.
e333 WOODh4 eK LANE FAYETTEI/fLG6 fT e.
DRAWING NUMBER
A-2ZS3
015 04 City
Document Item
Reference Date Ref.
RES 12/07/1994 134
- - - - -
Keywords ..............:
of Fayetteville 6/12/2002
Maintenance/inquiry 10:22:28
Action
Taken Brief Description
REAL ESTATE EXCHANGE/NAVAL CENTER
REAL ESTATE
EXCHANGE
SCHOOL
BOARD OF EDUCATION
UPTOWN SCHOOL
NAVAL RESERVE CENTER
FAYETTEVILLE SCHOOL DISTRICT
800 SOUTH CHURCH STREET
RES. 134-94
File Reference #....... CCO
Security Class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
Press Cmd 6 to Update
Cmdl-Return Cmd2-Check Out Cmd8-Retention Cmd3-End Press 'ENTER' to Continue
Cmd5-Abstract Yes No (c) 1986-1992 Munirretrix Systems Corp.
Retention Type:
**** Active ****
015 04 City of Fayetteville 6/12/2002
, Maintenance/Inquiry 10:15:36
Document Item Action
Reference Date Ref. Taken Brief Description
RES 12/07/1994 134 REAL ESTATE EXCHANGE BOARD OF ED.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Keywords. . . . .... . . . . . . : REAL ESTATE
EXCHANGE
SCHOOL
BOARD OF EDUCATION
UPTOWN SCHOOL
NAVAL RESERVE CENTER
RES. 134-94
File Reference #......:
Security Class........:
Expiration Date.......:
Date for Cont/Referred:
Name Referred to......:
Press Cmd 6 to update
Cmdl-Return Cmd2-Check Out Cmd8-Retention Cmd3-End Press 'ENTER' to Continue
Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.
Retention Type:
**** Active ****