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Home My WebLink About34-98 RESOLUTIONRESOLUTION NO 34-98 A RESOLUTION APPROVING THE OFFER AND ACCEPTANCE AGREEMENT WITH LEWIS BROTHERS LEASING COMPANY FOR A 1.0 ACRE TRACT OF LAND FOR A NEW FIRE STATION (SITE AND A 1.0 ACRE TRACT OF LAND FOR THE EXTENSION OF PLAINVIEW AVENUE FROM SOUTH OF VIILSAP STREET TO LONGVIEW STREET. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby approves the Offer and Acceptance Agreement with Lewis Brothers Leasing Company for a 1.0 acre tract of land for a new fire station site and a 1.0 acre tract of land for the extension of Plainview Avenue from south of Milsap Street to Longview Street and authorizes the Mayor and City Clerk to execute said agreement. A copy of the Offer and Acceptance Agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 1L day of March , 1998. APPROVE By. Fred Hanna, Mayor ATTEST: B Heather Woodruff, City Clerk EXHIBIT A OFFER AND ACCEPTANCE CONTRACT Lewis Brothers Leasing Company, Inc., an Arkansas Corporation ("Lewis Brothers"), and the City of Fayetteville, Arkansas, a Municipal Corporation (the "City") enter into this agreement and offer and acceptance subject to the terms, considerations and mutual promises set forth herein: 1. Lewis I3rothers agrees to deed to the City for the considerations and terms and conditions set forth herein the following described property: a) A one acre, more or less, parcel of land more fully described and herein after referred to as Tract D: (Legal Description) b) A 60 foot wide fee simple street right-of-way containing approximately one acre, more or less, more fully described and herein after referred to as Tract B: (Legal Description) 2. The City as a consideration for Tract B and Tract D agrees to construct a fire station on Tract D and construct a standard city street (the "Street") from the current: terminus of Plainview Avenue to Longview Street, a distance of approximately 730 feet, on Tract B. 3. The City agrees to construct the Street according to the latest City of Fayetteville standards and specifications including a four (4) foot wide sidewalk on both sides of the street. The City agrees to complete construction of the Street within 18 months of closing. 4. This agreement is expressly made contingent upon the approval by the City of Fayetteville of a lot split under requirements and conditions acceptable to Lewis Brothers relative to their property identified as County Parcel Number 765- 15767••000. 5. The City agrees to have city staff prepare a lot split petition on behalf of Lewis Brothers at city expense. Lewis Brothers agrees to cooperate in seeking approval for the lot split and to have a representative present to participate at Planning Commission hearings on said lot split. 6. The parties agree to seek an administrative appeal to the Fayetteville City Council should the lot split be denied or if it is approved with requirements and conditions unacceptable to Lewis Brothers. 7. If the lot split is denied or approved by the Fayetteville City Council under requirements and conditions unacceptable to Lewis Brothers, the parties shall have no further obligations or duties under this agreement which shall be null and void. 8. Closingshall occur on or before 45 calendar days of approval of the lot split under requirements and conditions acceptable to Lewis Brothers. 9. All documents and/or deeds necessary for conveyance shall be prepared by the City or at the city's expense. The City shell be responsible for filing such documents and/or deeds at the city's expense. 10. Lewis Brothers shall be responsible for the payment of all real property taxes associated with the lands conveyed to the city for the entire year of such conveyance and prior years taxes, if any. • 11. City design and construction of Plainview Avenue shall provide for the following items: a) Three (3) quad conduit runs for electrical, telephone, cable crossings, b) Three (3) steel sleeves for future sewer line crossings, c) Three (3) steel sleeves for future water line crossings and d) Two(2) or three(3) commercial curb cuts in accordance with city ordinances. Lewis Brothers and City staff shall confer and agree upon the location of the above listed items. 12. Lewis l3rothers shall move the existing house located on parcel 765-15751-000 to a location outside of the right of way (Tract B) to a location conforming to all city ordinances. The house shall be moved at Lewis Brothers expense and shall occur within 120 days of closing or by June 1, 1998, whichever is later. 13. Lewis I3rothers shall furnish at their own expense a policy of title insurance on Tract D in the amount of not less than $50,000. 14. Conveyance will be made to the city by general warranty deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. 15. Risk of loss and damage to the property by fire or other casualty occurring up to the time of closing is assumed by Lewis Brothers. 16. This agreement shall be governed by the laws of the State of Arkansas. 17. This agreement when executed by the parties shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and/or understandings with respect to such matters, and no oral representations or statements shall be considered a part hereof. 18. NOTICE: THE CITY ASSERTS AND LEWIS BROTHERS HEREBY ACKNOWLEDGES THAT THIS AGREEMENT IS EXPRESSLY CONTINGENT UPON THE CITY OF FAYETTEVILLE'S CITY COUNCIL'S FORMAL APPROVAL BY RESOLUTION OF THIS AGREEMENT AND THAT THE FAILURE OF THE CITY COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS AGREEMENT NULL AND VOID. LEWIS BROTHERS LEASING CO NY, INC. THOMAS H. LEWIS, Presi ent .1�PrIt L4 ga DONALD W. STONE, Secretary & Treasurer CITY OFAFAYIETTEVILLE 2-21171 Date 2.23-9f Date FRED HANNA, MAYOR Date ATTEST: 2/23/11 Date LEGAL DESCRIPTIONS: Tract "D" : TRACT "D" LEGAL DESCRIPTION Fire Station Land Survey Description A part of the Southwest Quarter (SW%) of the Southeast Quarter SEA) of Section Twenty-six (26), Township Seventeen (17) north, Range Thirty (30) West, being more particularly described as follows: Beginning at the Northwest corner of said 40 acre tract, said point being an existing iron bar; thence South 87° 13' 10" East 205.14 leet to a set iron pin on the proposed West right of way line of Plainview Avenue; thence South 02° 46' 50" East along said proposed West right of way line 100.00 feet to a set iron pin at the beginning of a Two hundred Thirty (230) foot radius curve concave to the East; thence Southeasterly along said curve and right of way line 113,20 feet, the cord of which being South 11° 19' 08" East 112 06 feet to a set iron pin; thence leaving said curve and right of way North 87° 13' 10" West 229.83 feet to a set iron pin on the West line of said 40 acre tract; thence North 02° 03' 48" West 208.70 feet to the Point of Beginning, containing 1.00 acre, more or less, Fayetteville, Washington County, Arkansas. This description is based on survey of Alan Reid & Associates, dated 09/17/97 as Job # 97298, which utilizes Arkansas State Plane Coordinate System (North Zone) and City of Fayetteville monumentation. Tract "B" : TRACT "B" LEGAL DESCRIPTION Proposed Plainview Avenue Right of Way Survey Description Part of the Southwest Quarter (SW'/4) of the Southeast Quarter (SEA)of Section Twenty-six (26), Township Seventeen (17) North, Range Thirty (30) West of the 5th Principal Meridian and more particularly described as follows: Beginning at a found iron pin South 87° 13' 10" East 205 14 feet from the Northwest corner of said 40 acre tract, said point being on the North line of said 40 acre tract and on the proposed West right of way line of Plainview Avenue; thence South 02° 46' 50" West 100.00 feet to a found iron pin at the beginning of a 230.00 radius curve concave to the East; thence Southeasterly along said curve 191.58 feet, said curve having a deltEi angle of 47° 43' 26"; thence South 44° 56' 36" East 187.39 feet to the beginning of a 170.00 foot radius convex curve to the South; thence Southerly along said curve 142.09 feet, said curve having a delta angle of 47° 53' 14"; thence South 02° 56' 38" West 106.53 feet to the South line of the property as described in Deed Record 95-65743 of the Office of the Circuit Clerk, Washington County, Arkansas; thence, leaving the proposed West right of way line South 87° 14' 25" East 60.00 feet to a found iron pin, said found pin being on the proposed East right of way line of Plainview Avenue; thence along said proposed East right of way line North 02° 56' 38" East 106.33 feet to the beginning of a 230.00 foot radius concave curve to the West; thence Northwesterly along said curve 192.23 feet, said curve having a delta angle of 47° 53' 14"; thence North 44° 56' 36" West 187.39 feet to the beginning of a 170.00 foot radius convex curve to the North; thence Northerly along said curve 141.60 feet, said curve having a delta angle of 47° 43' 26"; thence North 02° 46' 50" East 100.00 feet to the North line of said 40 acre tract; thence, leaving the proposed East right of way line of Plainview Avenue and running along the North line of said 40 acre tract North 87° 13' 10" West 60.00 feet to the Point of Beginning, containing 1.00 acre, more or less, Fayetteville, Washington County, Arkansas. This description is based on survey of Alan Reid & Associates, dated 09/31/97 as Job # 97298C, which utilizes Arkansas State Plane Coordinate System (North Zone) and City of Fayetteville monumentation. rn rn0 0 0 U O O 0 Q +.1 c 49 ea 2 el C7 c e t CO.Q U O 1-. N a y 42 .N la ens z 765-18532-000 arm -any Al anuaAy a2taiioj -and maIAmeld 9soz4 saauuas IEOipow Iauol2ag Uo2uluseM 00I-9£LSI-59L NW comer SW -SE -26-17-30 205.14 S87°13'10"E e v Lewis Bros. Leasing Company C Tract "B", Plainview Avenue Extension 1.00 Acre Title: Lewis Bros.; Tract "B", Plainview Avenue Extension Date: 02-19-1998 Scale: 1 inch = 130 feet File: LEWS-TRB WMF Tract I: 1.002 Acres: 43652 Sq Feet: Tract 2: 0.000 Acres: 18 Sq Feet: 1.7 001=587.1310E 205.14 002=S02.4650W 100 003: LI, R230, Dela-0.4326 004-S44.5636E 187.39 005: R4 R-170, Dc1ta47.5314 006=S02.5638W 106.53 007=S87.1425E 30 008=S87.1425E 30 4055.4 Sq Meters: No significant closure error. Sq Meters: Closure = n20.2338w 684.24 feet: 009=NO2.5638E 106.33 010 U, R-230, At,192.23 011=N44.5636W 187.39 012: R1, R-170, Arc -141.60 013=NO2.4650E 100 014=N87.1310W 30 015=N87.1310W 30 016=••N87.1310W 205.14 : Perimeter = 1985 feet Precision =1/ 1: Perimeter = 728 feet 017=@15 018=S02.4650W 100 019: Lt, R'200, Arc -166.59 020=544.5636E 187.39 021: Rt, R200, Atc-167.16 022=S02.5638W 106.43 • N NW Corner SW -SE -2617-30 00 oy 00 oN N z 205.14 S87°13'10"E 30 S87°13'10"E Lewis Bros. Leasing Company, Inc. 3 Proposed City Fire Station #6 Tract "D" 1.00 Acre N87°13110"W 229.83 • enterline Title: Lewis Bros. Leasing Co., Tract "D", City Fire Station Date: 02-19-1998 Scale: 1 inch = 40 feet File: LEWS-TRD WMF Tract 1: 0.999 Acres: 43501 Sq Feet 4041.4 Sq Meters: No significant closure error.: Perimeter = 917 feet Tract 2: 0.000 Acres: 0 Sq Feet: 0.0 Sq Meters: No significant closure error.: Perimeter = 160 feet 001=587.1310E 205.14 002=S87.1310E 30 003="N87.1310W 30 004=S02.4650W 100 005: Lt, R-230, Arr113.2 006=N87.1310W 229.83 011=s0.4650w 50 007=NO2.0348E 208.70 012=n0.46250e 25 008=@2 013=N87.1310W 30 009=S87.1310E 30 010=n0.4650e 25