HomeMy WebLinkAbout98-95 RESOLUTIONFILED FOR RECORD
'55 JUL 10 P!'7 2 25
WASHINGTON CO AR
K. HARNESS
RESOLUTION NO. 98-95
A RESOLUTION APPROVING A CONTRACT OF SALE OF
REAL ESTATE TO PURCHASE PROPERTY OWNED BY
KENNETH H. COLVIN AND GLORIA KAY COLVIN FOR A
STREET RIGHT-OF-WAY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby approves a contract of sale of real estate to purchase
property owned by Kenneth H. Colvin and Glona Kay Colvin for a street right of way and
authorizes the Mayor and City Clerk to execute same. A copy of the contract is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 5th day of July 1995.
Traci Paul, City Clerk
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APPROVED:
ice/
BY ' La Pain
Fred Hanna, Mayor
95034094
EXHIBIT A
CONTRACT FOR SALE OF REAL ESTATE
s4iy
THIS AGREEMENT made June . , 1995, between Kenneth H. Colvin and Gloria Kay
Colvin, husband and wife, hereinafter called COLVINS, and the City of Fayetteville, hereinafter
called CITY.
WIT1SESSETH:
1 Sale by Kenneth 1l. Colvin and Gloria Kay Colvin. COLVINS agree to sell and
convey to CITY all that certain real estate situated in Johnson, Washington County, Arkansas,
described as follows
SEE ATTACHED EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF
2. Purchase by City of Fayetteville. Consideration for the above conveyance shall be the
total and cash payment of $48,505.00, to be paid at the time of closing, and other good and
valuable consideration.
3. Conditions on CITY. This contract is expressly conditioned on the CITY providing
the following in conjunction with the extension of Joyce Boulevard to Wi:kerson Road
a) CITY approves the extension of sanitary sewer service to Hendrix Heights
Subdivision. CITY will allow the sewer extension within Joyce Boulevard right-
of-way in an area defined by the CITY. At points where the sewer extension
exits the Joyce Boulevard right-of-way, the COLVINS will be responsible for
providing public utility easements The sewer extension must be planned and
installed in accordance with CITY standards.
b) CITY will provide a sewer encasement at an appropriate grade along or near the
N/S property line dividing Lot 2 and Lot 3 in Ilendrix Heights Subdivision.
(Reference Exhibit "B")
c) CITY will install conduits to accommodate the crossing of Joyce Boulevard with
electric, gas, cable, and telephone lines. The conduits will be placed between the
eastern boundary of Lot 3 and the western boundary of Lot 2 in Hendrix Heights
Subdivision (Reference Exhibit "B")
95034095
d) CITY will provide an access to Joyce Boulevard at a point between the eastern
boundary of Lot 3 and the western boundary of Lot 2 in Hendrix Heights
Subdivision. This access will be twenty-four feet wide with radii of twenty-five
feet. A median break will be provided on Joyce Boulevard so that eastbound
access is available. (Reference Exhibit "B")
e) CITY will install a six inch water line near the NIS property line dividing Lot 2 and
Lot 3 in Hendrix Heights Subdivision provided the COLV1NS dedicate a ten foot
public utility easement for this purpose CITY will install a fire hydrant south of
the park so that fire protection is available at the extremities of Lot 2 and Lot 3 in
Hendrix Heights Subdivision. (Reference Exhibit "B")
CITY will install two (2) taps and meter boxes along the new water line. These
taps will be set at the grades found on the property at the time the water line is
installed. The CITY will not be responsible for funding the lowering or raising of
these items at any future date if such services are required by the owner of the
property. The CITY will notify the COLV1NS no less than one week prior to the
installation of the water line
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4. Encumbrances. COLVINS represent to CITY 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. Ali real estate taxes and special assessments, if any, on both subject properties
due and payable for 1995 and prior years shall be paid by COLVINS.
6. Conveyance. Unless otherwise specified, COLVINS shall convey to CITY 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. COLVINS shall furnish, at COLVINS' 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, COLVINS shall have a
reasonable time to cure any defects.
8. Closing. The closing shall be held at the offices of CITY on or before thirty (30) days
from the date hereof. Possession of Parcel 1 and Parcel 2 shall be delivered upon the closing
date Possession of "Park Area" shall be delivered upon request by the CITY.
CITY.
9. Expenses Document preparation cost, if any, and recording fees shall be paid by the
10. Default. In the event of default by either COLVINS or CITY, the parties shall have
all remedies available at law or in equity.
95034096
11. Entire Agreement. All understandings and agreements between the parties are
merged in this contract, which alone fully and completely express their agreement, and 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. Binding Effect The stipulations herein contained shall apply to and bind the
successors and assigns of the respective party.
13. NOTICE: CITY ASSERTS AND COLVINS HEREBY ACKNOWLEDGE
THAT THIS CONTRACT IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF
THE CITY COUNCIL OF FAYETTEVILLE OF THIS CONTRACT OF SALE AND
THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL
PORTIONS OF THIS CONTRACT OF SALE NULL AND VOID.
IN WITNESS WHEREOF, this agreement has been executed by the parties on the date
first above written
enneth H. Colvin Date
2� r,
Cs3er 1 �skf L ?t /mac, 2 s
,fi`lbria Kay Colvin t Date
CITY OF FAYETTEVILLE
Traci Paul, City Clerk
Date
BY:
7l/
Fred Hanna. Mayor
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95034097
I. PARCEL I
A tract of land in the SF. ;/4 of Section 22. Township 171North, Range 30 West in
Washington County, Arkansas. being more particularly described as follows:
Commencing at the SE Corner of Lot 2 of Hendrix Heights Subdivision. thence N
83 degrees 1'38" W 1199.41 feet to the SW Comer of said Lot 2, thence N 9
degrees 5037"W 214.16 feet, thence S 83 degrees 1138"E 208.69 feet, thence S 7
degrees 26'20"F. 211 66 feet to the Point ofBeginning. Containing 0.96 Acres,
more or less.
II. PARCEL 2
A tract of land in the SE 1/4 of Section 22, Township 17 North, Range 30 West in
Washington County. Arkansas, being more particularly described as follows:
Commencing at the SE Corner of Lot 3 of Hendrix Heights Subdivision: thence N
87 degrees 9'18"W 274 96 feet to the SW Corner of said Lot 3, thence N 7
degrees 2620"W 211.66 feet, thence S83 degrees 1'38"E 45 29 feet, thence S 87
degrees 9118"E 218 59 feet, thence S 10 degrees 35'34"E 210.77 feet to the Point
of Beginning. Containing 1 27 Acres. more or less.
1II. PARK AREA
A portion of the "Park Area" of the l lendrix Heights Subdivision as is determined by the
CITY to be required for road right-of-way and utility easement. Such "Park Area" of the Hendrix
Heights Subdivision is platted and appears of record in the office of the Circuit Clerk and
Recorder of Washington County, Arkansas at Book 6, Page 645 and is described more
particularly as follows:
A tract of land in the SE 1/4 of Section 22, Township 17 North, Range 30 West in
Washington County, Arkansas, being more particularly described as follows.
Commencing at the SW Corner of Lot 1 of Hendrix Heights Subdivision; thence N 5
degrees, 30'V♦ 39 00 feet to the Point of Beginning, thence N 79 degrees 15'E 164.93 feet,
thence N 19 degrees 30E 201.42 feet, thence N 7 degrees 27'W 200.00 feet, thence N 45
degrees 30'F. 200 00 feet, thence S 81 degrees 15'E 228.70 feet, thence S 81 degrees 15'E
48.20 feet , thence S 37 degrees 46'E 249.50 feet, thence'V 83 degrees 51'E 75.00 feet,
thence N 83 degrees 51'E 75 20 feet, thence N 9 degrees 4'W 78.00 feet, thence N 9
degrees 4'W 121.00 feet, thence N 63 degrees 1'W 100.00 feet, thence N 63 degrees 1'W
100.68 feet, thence N 83 degrees 13'W 249.31 feet, thence N 87 degrees 42'W 150.03
feet, thence S 56 degrees 21'W 60.00 feet, thence S 56 Degrees 21'W 140.20 feet, thence
S 12 degrees 1V 142.00 feet, thence S 7 degrees 14'E 197.24 feet, thence S 54 degrees
47' W 63 00 feet, thence S 87 degrees 11'W 57.64 feet, thence N 56 degrees 8V 42.35
feet, thence S 23 degrees 59'E 133 55 feet to the Point of Beginning. Containing 4.28
Acres, more or less.
EXHIBIT "A"
95034098
{ I
{{{ DCV✓DEN II
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II
{ S 83' 01:T8- E 1
206.69' I I
{
jsor26za•E/� , PARCEL
{ 711.66' AREA: 096 Acres,
N 09' 50:37" W� { 41,831 .SF
214.76'
IN 83' 0138' W\
199.41'
P.O.B.
LOT 2 :
HENDR/X HEIGHTS SUBDI /IS/ON
PARCEL 2
AREA t27 Ave;
85231 .9r
S 8r 09'18"E
27859' { {
{ {,
\S 83'01:38"E
45.29'
N Or 2670 W/I
211.66'
\ N 87' 09.78" W
S 10' 35'34' E
1{11 210.77'
274.96'
R..0..B
LOT,;
HENDR/X HE/GH TS SUBDIVISION
(M
BERN'
OISTAWF
A
S 54' 47. IV
6300'
3
ser n' r
57.e4'
L
N 56' 8' •
42.13.
•
5 23' 59
5 56.21' w
60oo' \
s56'21'W
14020'
S56'21'W
140.20'
5 17 r W
74200' /
N 8r 42' W
15otor
N83'1J'W
249.31'
N 6J'rW
/ 100.68'
N 63'1'W
/ l00.00'
5 7 14'E
197.24'
5 81' 15' E
22870 5 81' 15' E
\N 45'30'(
20000
I
NN r2rw
200.00'
N 5' 30'W
39.0'
\N 19'30'E
201.42'
N 79'15'C
P. Q 8. 164.93'
SW Comer of Lot 1
S Jr 46'£/
249.50'
N 9'4'W
k121.00'
N8J'51'£/
7500'
N 8,751'E,
75.20'
N 9'4'W
7800'
PARK AREA 4.28 ACRES
HENDRIX HEIGHTS SUBDIVISION
BK 6 PAGE 645
EXHIBIT 11x77
95034099
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1, Kathleen Harlem, Grra,t C i irk and
Ex-cfticdo flecordar for 1':::^;:ln ,'on
Co'r'y, Attendant do harAty (XVVY
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tit ha nrne1t wa.3 Mod to :o " i ^'
olflao es ind`X:rte'd htT-.,e
IFI ROW duly r&oo t i with the dd -
iedoornont 5£.d ceert oot0 ttitw*.o"• in-
Record Ecmk anfl Per. ,
IN wi INESS Wi-t REOF,1 have hero-
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unto oat Illy hand and a"Ircd the taut e4
Mid Court on the dao Indicated button
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ttatr,!Son Harness
Cinuu Clod: and
Ex-o41-Wa ice-order
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1�Al. 14:1"1`1; Y 1 I 41414
THE CITY OF FAYETTEVILLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
DATE- July 31. 1995
10: Traci Paul, City Clerk
FROM: Kitty Dye. Land Agen )
RE: Joyce Boulevard Extension
Right of Way Purchase
Colvin Properties
Warranty Deeds
Please find included herewith original I4arranty Deeds for the purchase of Right of
Way from Kenneth H Colvin and Gloria Kay Colvin for part of Lot #2 and part of Lot #3
of 1lendrix Addition to the City of Johnson, Washington County Arkansas These Deeds,
recorded as 95(137977 and 95037979 respectively, have been acquired by the City of
Fayetteville for the purpose of extending Joyce Boulevard to Johnson Road (Gregg Street).
These properties are located in the Southeast Quarter (SE') of Section 22, 'Township 17
North, Range 30 West (Atlas No 133). and are the deeds authorized for purchase under
Resolution No. 98-95.
Please contact me at 414 if additional information is required.
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WARRANTY DEI?D.
I Husband and Wire. will Rel'ngLish-renf of C'i.riesy. re Dourrl
o4cE
BE IT KNOWN BY THESE PRESENTS:
THAT Kenneth H. Colvin and Gloria Kay Colvin, husband
and wife. hereinafter called GRANTOR, for and in consideration of
the sum of Ten Dollars ($10.00) and other good and valuable consider-
ation, the receipt of which is hereby acknowledged. do hereby grant,
bargain. sell and convey unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE, and unto
Grantee's successors and assigns, the following described land, situate
in Washington County, State of Arkansas. to -wit:
PILED r).R p•ECOP,D
-:J uIJt 26 pl'q 2 0
6
1143d1
' a l ‘I1
i1 C°
. r.
K. JAR
Al '�S
PLEASE SEE ATI -ACHED EXHIBIT "A' FOR DESCRIPTION
TO HAVE AND TO HOLD the said lands and appurtenances thereunto belonging unto the
said Grantee and Grantee's successors and assigns. forever. And the said Grantor, hereby covenants that
it is lawfully seized of said lands and premises, that the same is unencumbered, and that the Grantor 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 said Grantee our
respective rights of dower/curtesy and homestead in and to said lands.
WI1NESS our hands and seals on this
Kenneth 1I. Colvin
,n 1 day of
, 1995.
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF WASHINGTON
Ss.
BE IT REMEMBERED, that on this date. before me, a Notary Public within and for said County
and State, duly commissioned and acting. personally appeared Kenneth H. Colvin and Gloria K•.y Colvin,
husband and wife, to me well known as the persons who executed the foregoing document, and stated that
they had executed the same for the consideration and purposes therein mentioned and set forth.
A
WITNESS my hand and seal on this Qist- day of rl L 1995.
MY COMMISSION EXPIRES;
Env 'Qt AVW S;HidXR NOiSSIFITMAL
SYSNY)INY'AINf100 NO19NIHSVM
0llafld AHYlON
3A0 .i MIN
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4011.1ON
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05037975
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INHIBIT "A"
7'O R4RRAtiTY DEED
FROM KF,NNI 1II H. ('OLVIN ANI) GLORIA KAY ('OLVIN
1'O CITY OF FAYETTEVILLE
A tract of land located in the Southeast Quarter (SF'/a) of Section 22, Township 17
North, Range 30 West, also described as part of Lot Three (3) of Hendrix Heights
Subdivision in Johnson, Washington ('rnty, Arkansas, and more particularly
described as follows: Beginning at the Southeast corner of said Lot 3; thence North
87° 119' 18" West 274.96 feet to the Southwest corner of said Lot 3; thence North
07° 26' 211" West 211.66 feet; thence South 83° 01' 38" East 45.29 feet; thence
South 87" 09' 18' East 218.59 feet; thence South 10L 35' 34" East 210.77 feet to the
Point of Beginning. containing 1.27 acres, more or less.
SIGNED FOR IDENTIFICATION:
1
Kenneth H. Colvin
loria Kay Colviri9
95037976
WARRANTY DEED
f 1Irshand and Mfr. w( h Rehngn shmrm u) (n-frt, an 1 Tnwrrl
BE 1T KNOWN BY THESE PRESENTS:
TIIA7' Kenneth H. Colvin and Gloria Kay Colvin. husband
and wife, hereinafter called GRANTOR. for and ir, consideration of
the sum of Ten Dollars (S10.00) and other good and ‘aluahle consider-
ation. the receipt of which is hereby acknowledged. do hereby grant,
bargain. sell and convey unto the City of Fayetteville, Arkansas, a
municipal corporation, hereinafter called GRANTEE,. and unto
Grantee's successors and assigns. the following described land. situate
in Washington County, State of Arkansas, to -wit:
yCE 45reeer- 45r4w5 o.J A3te)
FILEF•
op RrCCRD
,1,1,. 28
r.y( • .
^ 1 A CO
4
R
Pn 206
PLEASE SEE ATIACHEDEXHIBIT "A" FOR DESCRIPTION
TO HAVE AND '10 HOLD the said lands and appurtenances thereunto belonging unto the
said Grantee and Grantee's successors and assigns, forever. And the said Grantor. hereby covenants that
it is lawfully seized of said lands and premises; that the same is unencumbered, and that the Grantor 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 said Grantee our
respective rights of dower/curtesy and homestead in and to said lands.
WITNESS our hands and seals on this 02 / day of
1995.
Kenneth H. Colvin GI, is Kav Colvin
ACKNOWLEDGMENT
STATE OF ARKANSAS
COI.N'1-Y OF WASHINGTON
O`
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County
and State, duly commissioned and acting, personally appeared Kenneth H. Colvin and Gloria Kay Colvin,
husband and wife, to me wel! known as the persons who executed the foregoing document, and stated that
they had executed the same for the consideration and purposes therein mentioned and set forth.
_2/5,' day of l /ttf.,
f
WITNESS my hand and seal on this
MY COMMISSION EXPIRES:
KITTY G. DYE
WASHINGTON COUNTY. ARKANSAS
MY COMMISSION EXPIRES MAY 16, 2003
blic
Si. s
PION •
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91503 7977
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I:XII1I31'1'
TO l%ARR4ATY DEED
FROM KENNI:"IH 11. (()l.VIN AND GLORIA KAY COLVIN
TO CITY OF FAYF.TTEVILI.E
A tract of land located in the Southeast Quarter (SE'/at of Section 22. Township 17
North, Range 31) West, also described as part of Lot Two (2) Hendrix Heights
Subdivision in Johnson, Arkansas. and more particularly described as follows:
Beginning at the Southeast corner of said I of 2; thence North 83° 01' 38' West
199.41.96 feet to the Southwest corner of said Lot 2; thence North 09' 50'.37" West
214.16 feet; thence South 83° 01' 38" East 208.69 feet; thence South 07° 26' 20'
East 211.66 feet to the Point of Beginning, containing 0.96 acre. more or less.
SIGNED FOR IDENTIFICATION:
Kenneth H. Colvin
EMI
Gloria Kay Colvin
95037978
