HomeMy WebLinkAbout48-95 RESOLUTION•
RESOLUTION NO. 48-95
r.OR RECORD
95 APR 25 firl 99
wasHING. LdO Art
K. HARNESS
A RESOLUTION AUTHORIZING ACCEPTING A DONATION
OF APPROXIMATELY 12 ACRES OF LAND ALONG MUD
CREEK TRIBUTARY FROM JERRY SWEETSER; GIVING
$4,800.00 PER ACRE CREDIT TOWARD CITY ORDINANCES
REGARDING DEDICATION OF LAND FOR PUBLIC PARKS;
AND REQUIRING THE GRANTOR TO ENTER INTO A HOLD
HARMLESS AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City of Fayetteville hereby accepts subject to the conditions
contained int his resolution, the property described in the warranty deed attached hereto and
made a part hereof as Exhibit A as dedicated park land for the City of Fayetteville.
Section 2. That the grantors Jerry Sweetser and Sharon J. Sweetser and/or Sweetser
Family Limited Partnership be give a credit of $4,800.00 credit per donated acre to be used to
fulfill the cash contribution under the city ordinances regarding the dedication of land for public
parks for future development within three identified areas of development (the Zion Road, Old
Missouri Road, and Ashbrook properties) within the northeast park quadrant currently owned by
the Sweetser
Section 3. The acceptance by the City is made expressly contingent upon the grantors
executing an indemnity and hold harmless agreement with the City regarding any lawsuits which
have been or may be initiated regarding title to the subject property.
PASSED AND APPROVED this 28th day of March , 1995.
APPROVED:
By:
ATTES
By: UAL: Yda),J
Traci Paul, City Clerk
Fred Hanna, Mayor
Irri 7.1 71;1'71‘;t1
95019661
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INDEMNITY AND HOLD HARMLESS AGREEMENT
The undersigned, for good and valuable consideration agrees to
defend by employing competent counsel agreed upon by the parties
hereto, indemnify, and hold harmless the City of Fayetteville,
Arkansas against any claim, expense, loss or liability as a result
of any lawsuit which has been or may be filed which challenges the
title to those lands deeded to the City by warranty deed dated
December 30, 1994, as may be corrected, including but not limited
to fees and charges of engineers, architects, attorneys and other
professionals and/or expert witnesses and court costs. This
agreement is in addition to and has no effect upon any other
warranties, guarantees for covenants which may be in effect between
the City of Fayetteville and the parties hereto.
D SWEET ER
SH SWEETSER
95019662
RESOlaUTION-IY0,4845
A RESOLUTION AUTHOR-
IZING ACCEPTING A DO-
NATION OF APPROXI.
1MATELY 12 ACRES OF
LAND ALONG 'MUD CREEK
TRIBUTARY FROM JERRY
SWEETSER, GIVING
S4.800 00 PER ACRE cm.
tit TOwAAD cifl0-ADb
INANCES AEGARDING DE-
'DICATION DE ILAND IF011
PUBLIC !PARKS: ANO RE-
GUIRIING THE GRANTOR
WO ENTER INTO A HOLD
HARMLIESS AGREEMENT.
t
_ti 41 fiE&OLVti EBY Tic
e
clitil rebtiNcii., OF THE
. ITV OF FAyETTEVILIE,
sktutemsAs:
Let -Hari i. That thrt City of
Fayetteville Hereby accepts
'Subject to the cOradltrons
1 defitained in VS re301utitirs.
the iprosterty dotoribed in
, thp warranty deed attaChed
• 'hereto and made apart pe-
. reef as Exhtbit A as dedi-
cated Oriik land tor the City
of Fayetteville.
Section 2. That the gran-
tors) Jerry Sweetser/land
StiatOrt J Sweetser and/or
Sweattter Family Limited
Partfrefthip be given a cre-
dit 'of $4.1300200 Credit per
donated acre to be used to
fulfill the cash contribution
under the City ordinances
regarding the dedidatien of
land for public parks for fu-
ture JcleVelopment within
three identified areas bf de-
velopment( the Zion Road.
Old Missouri Road, and
Ashbrook properties) within
the:northeast park 'quadrant
currently owned by the
Swe-ets-er family.
Becticin & The acceptance
by the City is made ex-
pressly contingent u n the
grantors executing an inde-
mnity and hold harmless
agreeinent with the City re-
garding any laweuits which
nave been or may be ini-
tiated -regarding title to the
subject property.
PASSED AND APPROVED
this Seth day of March,
1995
APPROVED BY: Fred
Hanna. Mayor
ATTEST BY: Traci Paul, City
Clerk
INDEMNITY AND HOLD
HARMLESS AGREEMENT
The undersigned, :for good
and valuable •consideratuan
agrees to defend by em-
ploying deljnbetent counsel
agreed Liget) by the -parties
hereto. indemnify. and hold
haritileSS the 'City of Fayet-
teville, Aikentat against any
claim, expense, !lett Or lia-
bility as a re-scilt of any law -
sun which has been or •may
imea whith challenges
the title to tho-se Dards
debated to the City by war -
'rarity Beet) dated becember
30. 1994. at relay be cor-
!reeled, 'including but not
'limited le feet and charges
•of 'engineers, ardhitetts, at-
torneyt Gird other profes-
'SiOrrals and/or expert wit-
nottet end 'court cot1t.
This agreeinent 50 in addl.
gen to and lhas no effect
wpon thy tithe? vvenrantie&
guaranrot r tevianan1s
which nab -Vibe in leffeet be-
tween1110 City of FayetteJ
ville and Theiparties; hereto.
Jerry D. ISweeitser
Sharon J.jSweettef
STATE DE ARKANSAS
County of Washington
1, cIEi2csLke SbnAiLis hereby cer-
tify that I am the publisher of THg4JORTHWEST 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 fixed 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 twelvemonths, circulated and distributed from an established place of business
to subscribers and readers generally of all classes in the City and County for adefiniteprice
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 an average of more than forty percent news
matter.
•
I further certify that the legal notice hereto attached in the matter of
c?na5uLLc&44r-
was published in the regular daily issue of said newspaper for 1
consecutive insertions as follows:
The first insertion on the
the second insertion on the
the third insertion on the
and the fourth insertion on the
I
2 Z.:1E I V
• • I "
dayof19 CIS
day of 19
day of 19
day of 19
Publisher / General Manager
Sworn to and subscribed before me on this 61al day of
19q
My Commission Expires:
1ceetteeree
4
( Catherine Sall
4 Notary Pu blic, State of Arkansas '
(
,r My Comm.
cccocoacc,.......
akr, -ttaorr100
WaS hi h ato r Cmity
Fees for Printing $ Ilq.31
Cost of Proof
Total
$ 119.31
Notary Public
WARRANTY DEED
HUSBAND AND WIFE CONVEYING AS TENANTS BY
THE ENTIRETY, JOINTLY OR IN COMMON
KNOW ALL MEN BY THESE PRESENTS:
That we 7FRRY SWFFTSFR and SHARON T SWEETSER
husband and wife, hereinafter called Grantors, for and in considera-
tion of the sum of One Dollar ($1.00) and other good and valuable
consideration to us In hand pald by
CITY OF FAYETTEVILLE, ARKANSAS
hereinafter called Grantee, do hereby grant, bargain and sell unto the
sald Grantee and Grantee's heirs and assigns, the following described
land, situate In
WASHINGTON County, State of Arkansas, to -wit:
ED I -OR RECOR
'95
208
N CO AR
K HA ESS
A part of the SE1/4 of Section 36, Township 17 North, Range 30 West
being more particularly described as all that part of said Section
lying and being North of the boundary of Brookside East Subdivision
and South of the boundary of Azalea Terrace Subdivision and West of
Azalea Terrace Drive, except for a 100 foot frontage by 150 foot depth
lot in the Southeast corner of the above described tract.
THIS DEED IS BEING GIVEN AS A GIFT
AND IS'ATEMPTING TO CONVEY ALL THE
SAID CITY, EXCEPT FOR THE RETAINED
TO THE CITY OF FAYETTEVILLE, ARKANSAS
LANDS BETWEEN SAID SUBDIVISIONS TO THE
LOT IN THE SOUTHEAST CORNER THEREOF.
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the sald Grantee and Grantee's
heirs and assigns, forever. And we, the said Grantors, hereby covenant that we are lawfully seized of said land and
premises, that the same is unincumbered, and that we will forever warrant and defend the title to the said lands against all
legal claims whatever.
And we, the respective Grantors, hereby release and relinquish unto the sald Grantee our respe ive dower/ urtesy and
homestead in and to said lands.
WITNESS our hands and seals on this day o
THIS INSTRUMENT PREPARED BY:
STATE OF ARKANSAS
County of WASHINGTON
, 19 _94„
(Seal)
WiktiVA--->(Seal)
(Seal)
ACKNOWLEDGMENT
On thls the_30day of DErEMBER
TFRRY SWF.ETSER and
95019663
19_94, before me, a notary public, personally appeared
SHARON J. SWEETSER
known to me (or satisfactorily proven') to be the persons whose names are -
acknowledged that they had executed the same for the purposeslherein set fort
In witness whereof I hereunto set my hand and off seal.
My r -.cm ission Explr@wpopi SEAL:
PHIL L. BRONSON
NOTARY PUBLIC -ARKANSAS
4). WD -H W WASHINGTON COUNTY
MY COMMISSION IMIRF.S 07 16.2002
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NOTE: A wise man will have his deed recorded
I, Kathleen Munoz, Girona Ciark and
Ex-ccTeed Fifisor.mfbar for Washington
Couray, Mvn�e do hereby oerCry that
ttto tcarunizie Tao god tor record In my
eke & Irskiated hereon and the same
!IOW CirlY esaidardielh the 601010W-
lodrment and ocittleate;tnemon In
Record .Txxi. and Relial‘ as 'indented
thaven. 1:66
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WIllk/ESS WHEREOF, I hive -hare-
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treo ect My hand Si affixed the seal of
sell Douai oil tic does iiiierled hereon.
A 4,4 A
Ketteeen Hamis
Circe. OVA snci'
Ex-of&-Ao roomier
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