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Home My WebLink About43-98 RESOLUTIONRESOLUTION NO 43-98 A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT IN THE AMOUNT OF $12,000, WITH MARY AND BARBARA CARR FOR THE ACQUISITION OF PROPERTY AT 240 EAST CENTER AND AUTHORIZES THE DONATION OF THE PROPERTY TO HABITAT FOR HUMANITY OF FAYETTEVILLE, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves and Offer and Acceptance Contract in the amount of $12,000, with Mary and Barbara Carr for the acquisition of property at 240 East Center and the authorizes the donation of the property to Habitat for Humanity of Fayetteville, Inc A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. dor— •/- cikt AND APPROVED thistilt day of April , 1998. 4.1 t- rf -1/4 ' • • • tic , t•V r 4• 1, APPROV t ••,„. . 1 • • se I ^ id ATTEST: By: Axemeer Heather Woodruff, City ei 'OFFER AND ACCEPTANCE CONTRACT 1. The City of Fayetteville, Arkansas. a municipal corporation, hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the following described property. SEE ATTACHED EXHIBIT "A" FOR PROPERTY DESCRIPTION 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $12,000.00. 3. Contingent .Eartiest Money Deposit: The Buyer herewith tenders a check for ---$500.00 to Harris-Mcilaney-Shearin Realtors, representing Mary Carr and Barbara Carr, hereinafter referred to as the Seller, as earnest money, which shall apply on the purchase price. This offer of purchase is conungent upon approval of the City Council of the City of Fayetteville, Arkansas, and, if they do not so approve, the earnest money deposit will be returned to the Buyer by the Seller. If title requirements are not fulfilled or the Seller fails to fulfill any obligations under this contract, the earnest money shall be promptly refunded to the Buyer. If the Buyer fails to fulfill his obliganons under this contract or after all conditions have been met, the Buyer fails to close this transaction, the earnest money may, at the opnon of the Seller, become liquidated damages to the Seller. Alternatively, the Seller may assert legal or equitable rights which It may have because of breach of this contract. 4. Conveyance will be made to the Buyer 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. Such conveyance shall include mineral rights owned by the Seller. 5. The Seller shall furnish, at the Buyer's cost, a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer. 6. Seller agrees to allow Buyer, if Buyer so desires, at Buyer's expense, to survey the property. Seller agrees to cure any title problems which may result from any differences between the recorded legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the Buyer. 7. Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general taxes, ad valorem taxes, special assessments and rental payments shall be prorated as of closing. OFFER AND ACCEPTANCE CONTRACT Page 2 of 5 8. The closing date is designated to be OfCL \ . If such date of closing falls on a weekend or holiday, it Will be held tfie following working day. 9. Possession of the property shall be delivered to the Buyer on the date of closing. 10. Seller hereby grants permission for the Buyer or its employees or designates to enter the above described property and improvements for the purpose of inspection and/or surveying. 11. Unless specifically excluded herein, all fixtures, improvements and attached equipment are included in the purchase price. 12. Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Seller. 13. This agreement shall be governed by the laws of the State of Arkansas. 14. This agreement, when executed by both the Buyer and the Seller 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 understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 15. This contract expires, if not accepted on or before the 15 day of March, 1998. 16. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT THIS OFFER IS EXPRESSLY CONTINGENT UPON THE APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY COUNCIL OF FAYETTEVILLE AND THAT THE FAILURE OF THE COUNCIL TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID, INCLUDING, BUT NOT LIMITED TO, THE RETURN TO BUYER OF l'HE $ EARNEST MONEY DEPOSIT. OFFER AND ACCEPTANCE CONTRACT Page 3 of 5 SELLER Barbara Carr Date: (ZitAU Data: Mary AGENT OR WITNESS: Sao -e -t -n (41 coi? Mroui_ ‘1)12z., BUYER: "OFFICIAL SEAL" Susan A.Ver Weire Notary Public, State ofArkansas My Commission Exp. 09/30/2007 City of Fayetteville, Arkancns, a municipal corporation Hanna, Mayor Mayor Date: gootaisSe.txaria. a: q -30-3607 Dam: "/- 7 9 3 /(igeodie Date: Li' 7 98 ity Clerk (SEAL) OFFER AND ACCEPTANCE CONTRACT Page 3 of 5 SELLER: Z54.4.4624 Barbara Carr Mary Carr AGENT—OR WITNESS: / tyje.,) - cy• BUYER: City of Fayetteville, Arkansas, a municipal corporation Fred Hanna, Mayor AwS y Clerk: ,/ • It /egg& Date: Date: 3 Date: 4/ 7 - 8 Date: (AY- 7 9 (SEAL) EXHIBIT "A": LEGAL DESCRIPTION A pan of Lots numbered Nine. Ten and Eleven in the County Court plat of the southwest quarter of Section Fifteen (15), Township Sixteen (16) North. Range Thirty (30) West. Washington County, Arkansas, and being more particularly described as follows. to -wit: Beginning at a point which is three hundred sixty-four and three-lburth feet (364.75 feet) west and thirty (30) feet south of the northeast comer of the northwest quarter of the southwest quarter of Section Fifteen (15) in Township Sixteen (16) North. Range Thirty (30) West. and running thence West one hundred fourteen (114) feet: thence South ninety (90) feet: thence East one hundred fourteen (114) feet and thence North ninety (90) feet to the place of beginning, according to a survey of said lot made July 7, 1947 by W.S. Smith., Engineer of the City of Fayetteville. Arkansas. WARRANTY DEED ELITE TITLE COMPANY, INC. 11275. Gutcosohn, Sotto 201; RO. Box 7028 Sprhgdah7, Arkansas 727667028 Phone (501) 756-0151 SINGLE PERSON KNOW ALL 61EN BY THESE PRESENTS: mat we, MARY S. CARR, A SINGLE PERSON, and BARBARA CARR, A SINGLE PERSON and ALEX CARR,MINOR, BY BARBARA CARR, GUARDIAN, hereinafter called Grantors, for and in consideration of the sum of One DoIlir (51.00), and other good and valuable consideration to us in hand paid by THE CITY OF FAYETTEVILLE, A MUNICIPAL CORPORATION, FILED FOR RECORD 8 MY 9 PM 2 93 WASHINGTON CO AR K. HARNESS hereinafter called Grantee, do hereby grant, bargain and sell unto the said Grantee and Grantee's heirs and assigns, the following described land, situated in WASHINGTON County, State of Arkansas, to wit: A PART OF LOTS NUMBERED NINE, TEN AND ELEVEN IN THE COUNTY COURT PLAT OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS THREE HUNDRED SIXTY-FOUR AND THREE -FOURTH FEET (64.75 FEET) WEST AND THIRTY (30) FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND RUNNING THENCE WEST ONE HUNDRED FOURTEEN (114) FEET; THENCE SOUTH NINETY (90) FEET; THENCE EAST ONE HUNDRED FOURTEEN (114) FEET AND THENCE NORTH NINETY (90) FEET TO THE PLACE OF BEGINNING, ACCORDING TO SURVEY OF SAID LOT MADE JULY 7, 1947 BY W. S. SMITH, ENGINEER OF THE CITY OF FAYETTEVILLE, ARKANSAS. Cerlify under the pcnalty or false swearing that at least the legally correct amount of documentary stamps have been placed on this instrument. orttee I d Grant&r Agent TO HAVE AND TO HOLD the lands and appurtenances thercunto belonging unto 1 e said 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 unencumbered, and that we will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS our hands and seals on this 27th day of April, 1998. THIS INSTRUMENT WAS PREPARED BY: ELITE TITLE COMPANY UNDER THE DIRECTION OF GRANTOFUGRANTEE YH I • a°61j(Scal) Address for Fax Statement THE CITY OF FAYETTEVILLE MARYaltriIR ,outia lc; atAJL, BARBARA CARR (Seal) &Z)75.4 AAA_ lil-Wirec0-1"4" ALEX CARR,MINOR, By BARBARA CARR (Seal) STATE OF ARKANSAS County of Washington ACKNOWLEDGMENT On this the 27th day of April, 1998, before me, a notary public, personally appeared MARY S. CARR, A SINGLE PERSON, and BARBARA CARR, A SINGLE PERSON and ALEX CARR,MINOR, BY BARBARA CARR, GUARDIAN, known to mc (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledged that they had executed the same for the purposes therein sct forth. In witness whereof I hereunto set my hand and official seal. My commission expires: FEBRUARY 27, 2001 LD-iLj Notary Public DEBORAH L. BRADSHAW 98036927 AGREEMENT THIS AGREEMENT entered into this day. 01 Y.' //lei' . 1998 by and between HABITAT FOR HUMANITY OF FAYETTEVILLE. AR. INC. hereinafter called the Corporation and the CITY OF FAYETTEVILLE. AIL a municipal corporation. hereinafter called the City. WHEREAS. the Corporation is a private non-profit entity that develops and constructs housing that is affordable to lower income Fayetteville citizens: and WHEREAS. the City encourages neighborhood revitalization through improvements to housing, infrastructure and associated improvements for Fayetteville citizens; NOW THEREFORE. in consideration of the benefits to be derived from programs and services described herein. the parties agree as follows. The City, through its Community Development Division, has obtained title to real property generally located at 240 East Center, Fayetteville. AR and more particularly described as: See attached Exhibit "A" 2. The real property described above was acquired by the City with Community Development Block Grant funds awarded to the City by the U.S. Department of' Housing and Urban Development. The purpose of the 'acquisition was to eliminate slum and blight on a spot basis. 3. The City will convey the real property described above to the Corporation for the sum of One Dollar ($1.00) and other good and valuable consideration. 4. The City will furnish title insurance in the amount of $12,000.00. 5. Each party will be responsible for payment of property taxes, if any, on the conveyed property. 6. In accordance with U.S. Depanment of Housing and Urban Development regulations governing the Community Development Block Grant Program, the Corporation specifically agrees to construct housing on the conveyed property that is affordable to persons having low and moderate income. IN WITNESS WHEREOF. the City and the Corporation have executed this Agreement on or as of the date first above written. r . t, • ' • • • ••• • „. , • • 4, fr. r; •if. .2 •-et.'" ;:t. I • I, lihnegti s. • • • ;613C6L Afr76ei Heather Woodna City Clerk Attest: Title THE CIT OF FA7TTEVILLE, ARKANSAS i BITAT FOR HUMANITY, ENC. eix4te1 ,1,61Larro. • de , $ .1••••• EXHIBIT A": LEGAL DESCRIPTION A pan of Lots numbered Nine. Ten and Eleven in the County Court plat of the southwest quarter of Section Fifteen (15), Township Sixteen (16) North. Range Thirty (30) West. Washington County, Arkansas. and being more particularly described as follows. to -wit: Beginning at a point which is three hundred sixty-four and three -fourth feet (364.75 feet) west and thirty (30) feet south of the northeast comer of the northwest quarter of the southwest quarter of Section Fifteen (15) in Township Sixteen (16) North. Range Thirty (30) West, and running thence West one hundred fourteen (114) feet thence South ninety (90) feet: thence East one hundred fourteen (114) feet and thence North ninety (90) feet to the place of beginning, according to a survey of said lot made July 7, 1947 by W.S. Smith. Engineer of the City of Fayetteville. Arkansas. • ELITE TITLE COMPAIIV. 1127 S. Guiensonn. Suite 201: PD. Box 7026 Springdale, Arkansas 72765.7028 Phone (501) 756-0151 SINGLE PERSON KNOW ALL MEN BY THESE PRESENTS: That I, CITY OF FAYETTEVILLE, A MUNICIPAL. CORPORATION, hereinafter called Grantor, for and in consideration of the sum of One Dollar (S1.00), and other good and valuable consideration to us in hand paid by , HABITAT FOR HUMANITY OF FAYETTEVILLE, INC., r!LED FOR RE:',CRD '98 JUN 15 Fri 2 35 WASH;YGTO!.! 00 4R 1-AR::ESS hereinafter called Grantee, do hereby grant, bargain and sell unto the said Grantee and Grantee's heirs and assigns, the following described land, situated in WASHINGTON County, State of Arkansas, to wit: A PART OF LOTS NUMBERED NINE, TEN AND ELEVEN IN THE COUNTY COURT PLAT OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN (15), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS THREE HUNDRED SIXTY-FOUR AND THREE -FOURTH FEET ( 364 .75 f t )WEST AND THIRTY (30) FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, AND RUNNING THENCE WEST ONE HUNDRED FOURTEEN (114) FEET; THENCE SOUTH NINETY (90) FEET; THENCE EAST ONE HUNDRED FOURTEEN (114) FEET AND THENCE NORTH NINETY (90) FEET TO THE PLACE OF BEGINNING, ACCORDING TO SURVEY OF SAID LOT MADE JULY 7, 1947 BY W. S. SMITH, ENGINEER OF THE CITY OF FAYETTEVILLE, ARKANSAS. 1 certify under the penally of false swearing diet at least the legally coned amount of documentary sumps have been placed on this instrument. Grantee or Agent TO HAVE ANI) TO HOLD the lands and appurtenances thereunto belonging unto the said Grantee and Grantee's heirs and assigns, Never. And I, the said Grantor, hereby covenant that 1 am lawfully seized of said land and premises, that the same is unencumbered, and that I will forever warrant and defend the title to the said lands against all legal claims whatever. WITNESS my hand and seal on this g day of June, 1998 THIS INSTRUMENT WAS PREPARED BY: ELITE TITLE COMPANY UNDER THE DIRECTION OF GRANTOR/GRANTEE (Seal) Address for Tax Statement CI OF FAYETTEVILLE (Seal) (Seal) (Seal) STATE OF ARKANSAS County of Washington ACKNOWLEDGMENT 98050795 On this the 9 day of Ju ne ,1998. before me. a notary public. personally appeared the w'thin named x‘leki Fred Hanna , to me nersonaily known. who ma ed that they were the Mayor of Ilic City of Fayettevil le . duly authorized in their respective capacities to execute the foregoirm instrument for and in the n. me and behalf of said corporation. and further stated and acknowledged that they had so signed. executed and ciellyered • ii,jdinstrument for the consideration, uses and purposes therein mentioned and set forth.i ' :11 ...1 . ,_0_, o '11' • '•-1 ' -.. a IN TESTIMONY WHEREOF. I have hereunto se: iny hand and official scat, ?Ay commission expires: