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 •• 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). 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