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HomeMy WebLinkAbout161-98 RESOLUTIONRESOLUTION NO 161-98 A RESOLUTION AUTHORIZING THE PURCHASE OF 1.73 ACRES LOCATED ALONG CROSSOVER ROAD FROM HARRY F. LOCKE, JR. IN THE AMOUNT OF $33,400 PLUS CLOSING EXPENSES, FOR STORM WATER DRAINAGE IN CONNECTION WITH IMPROVEMENTS AND THE WIDENING OF HIGHWAY 265. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authonzes the purchase of the 1.73 acres located from Harry F. Locke, Jr. as more fully set forth in Exhibit A; for storm water drainage in connection with improvements and the widening of Highway 265. PASSED AND APPROVED this 15'" day of December , 1998. --t,_E1j; i Heather Woodruff, City C erk APPROVED By. Fred Hanna, Mayor a —161 • Res. 161-98 EXHIBIT "A" Lot Five (5) of Block Three (3) of Eastwood Subdivision to the City of Fayetteville, Washington County, Arkansas, LESS AND EXCEPT that portion of said Lot 5 conveyed to the Arkansas State Highway Commission and more particularly described as follows: commencing at the Southwest comer of Lot 4, Block 3 of Eastwood Subdivision; thence north 85°1139" East along the South line of Lot 4 a distance of 117.32 feet to a point on the Westerly proposed right of way line of Arkansas State Highway 265 for the Point of Beginning; thence continue North 85°11'39" East along the South line of Lot 4, Block 3 of Eastwood Subdivision a distance of 49.49 feet to a point on the Westerly existing right of way line of Arkansas State Highway 265; thence South 16°17'10" West along said existing right of way line a distance of 214.20 feet to a point on the South line of Lot 5, Block 3 of Eastwood Subdivision; thence South 85°11'39" West along said South lot line a distance of 52.45 feet to a point on the Westerly proposed right of way line of Arkansas State Highway 265; thence North 17°01'12" East along said proposed West right of way line a distance of 215.28 feet to the Point of Beginning, said Less and Except containing 10,186 square feet, more or less. Form No. 1402.92 (10/17/92) ALTA Owners Policy First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule Al sustained or incurred by the insured by reason of: Title to the estate or interest described in Schedule A being vested other than as stated therein; Any defect in or lien or encumbrance on the title; Unmarketability of the title; Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. !BRONSON ABSTRACT COMPANY INC. 3810 Front Street, #5 Fayetteville, AR 72703 (501) 442-2700 Fax: (501) 442-8475 Agent for: First American Title Insurance Company First American Title Insurance Company I�wy 265 LockC OPt,tTy • Policy No.J 745894 SCHEDULE A File No.FATIC 98-10116 L OGsrF 4 o. -i, Amount of insurance: $33,400.00 Premium: STANDARD Date of Policy: JANUARY 14, 1999 at 10:33 A. M. 1. Name of Insured: CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION 2. The estate or interest in the land described herein and which is covered by this policy is FEE SIMPLE and is at Date of Policy vested in: THE INSURED 3. The land referred to in this policy is described in the said instrument, is situated in the County of WASHINGTON, State of ARKANSAS, and is identified as follows: Lot Numbered Five (5), Block Numbered Three (3), of Eastwood Subdivision to the City of Fayetteville, Washington County, Arkansas, as per plat of said subdivision on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas, LESS AND EXCEPT Starting at the Southwest corner of Lot 4, Block 3 of Eastwood Subdivision; thence North 85 degrees 11 minutes 39 seconds East along the South line of Lot 4 a distance of 117.32 feet to a point on the Westerly proposed right of way line of Arkansas State Highway 265 for the point of beginning; thence continue North 85 degrees 11 minutes 39 seconds East along the South line of Lot 4, Block 3 of Eastwood Subdivision a distance of 49.49 feet to a point on the Westerly existing right of way line of Arkansas State Highway 265; thence South 16 degrees 17 minutes 10 seconds West along said existing right of way line a distance of 214.20 feet to a point on the South line of Lot 5, Block 3 of Eastwood Subdivision; thence South 85 degrees 11 minutes 39 seconds West along said lot line a distance of 52.45 feet to a point on the Westerly proposed right of way line of Arkansas State Highway 265; thence North 17 degrees 01 minutes 12 seconds East along said proposed right of way line a distance of 215.28 feet to the point of beginning. COUNTERSIGNED BY: BRONSON ABSTRACT COMPANY, NC 28 EAST CENTER STREET FAYETTEVILLE, AR. 72701 FIRST AMERICAN TITLE INSURANCE COMPANY ********************************* • Policy No.J 745894 SCHEDULE B File No.FATIC 98-10116 This policy does not insure against loss or damage by reason of the following: 1 General taxes for the year 1998 and subsequent years not yet due and payable 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. lien, for services, labor or material heretofore imposed by law and not shown by the public 4 Any lien, or right to a of hereafter furnished, 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 Loss arising from security interest evidenced by financing statements filed of record, as of the effective date hereof, under the Arkansas Uniform Commercial Code and Judgement Liens and other liens of record in any United States District Court or Bankruptcy Court in the State of Arkansas, as of the effective date. 7 Loss arising from Oil, Gas or other minerals, conveyed, retained, assigned or any other activity caused by the sub -surface rights or ownership, including but not limited to the right of ingress or egress for said sub -surface purposes. 8 This policy does not insure acreage, any mention thereof is for descriptive purposes only. 9 Loss arising from any judgment or lien, concerning Child Support Alimony payments, rendered or construed under or pursuant to Act of 1985 Statutes of the State of Arkansas. or 983 10 Subject to utility easements and setback lines as shown on the recorded plat on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. BRONSON ABSTRACT COMPANY, INC 28 EAST CENTER STREET FAYETTEVILLE, AR. 72701 +++++++++++++++++++++++++++++++++ FIRST AMERICAN TITLE INSURANCE COMPANY +++++++++++++++++++++++++++++++++